Complaints about debt collectors continue to be the NUMBER ONE complaint that the FTC receives with almost 80,000 complaints documented in 2008.
If you’ve ever had the unpleasant experience of being contacted by a debt collector for credit card debt collection or any other type of collections, you will most likely recognize these common complaints:
Harassment by continuous and repeated phone calls – over 27,000 complaints!
Harassment by collectors using obscene, profane, or abusive language – over 10,000 complaints!
Threatening the consumer with wage garnishment, property seizure, job loss, or going to jail for non-payment of debt – almost 12,000 complaints!
Collectors threatening to use violence if payment not received –over 1,000 complaints!
The Federal Trade Commission acknowledges that many of these actions by the debt collectors violate the Fair Debt Collection Practices Act and are therefore illegal! The FTC also acknowledges that it most likely received complaints from only a small number of the people actually victimized by these illegal debt collection practices.
What does the FTC do about these complaints? Basically very little!
The Federal Trade Commission is proud to state in its annual report that in the last reporting year, it brought TWO actions against debt collectors. With 80,000 complaints, the FTC sued TWO collectors!
Obviously complaining to the FTC does NO GOOD!
You must protect yourself against illegal credit card debt collection practices. You must become informed regarding unsecured debt law, laws governing debt collectors, and your rights! You must know how to recognize and document illegal debt collector activity before it happens! You must have a plan for using the documented illegal debt collector activity against the debt collectors in place! Otherwise you will get the abuse and there will be little or nothing you can do about it and the debt collectors know this!
WE SHOW YOU WHAT TO DO!
Listed below are the things a debt collector cannot do according to the FDCPA:
1. Call you at work AFTER you have told him/her or any representative of that company not to do so (which our letter to the debt collector does).
2. Contact you before 8 AM or after 9 PM, in your time zone – not theirs.
3. Fax or send your employer an “Employment Verification” form.
4. Speak to anyone other than you, your attorney or your spouse about the debt. This includes neighbors, relatives and co-workers. * Exception – a collector may contact a third party only if they do not have your current phone number, address or place of employment and they can call only to request that information. They cannot speak about the debt with them. FYI, if your neighbor or family member receives an improper call from a debt collector, not only do you have a cause of action against the debt collector for violating your rights, but SO DOES THE PERSON WHO RECEIVED THE CALL!
5. Threaten violence.
6. Continue to contact you after receiving written communication from you stating you refuse to pay the debt or wish them to cease communication.
7. Cause your phone to ring repeatedly, whether the collector speaks to you or not.
8. Use profanity, racial slurs or foul language.
9. Claim to be associated with the US or any state agency. (Such as being a “police officer”.)
10. Call without disclosing their identity.
11. State that not paying a debt will result in arrest/imprisonment.
12. Claim to be an attorney if he/she is not.
13. State you have committed a crime because of nonpayment of an alleged debt.
14. State that not paying a debt will result in seizure, garnishment or attachment of property.
15. Threaten to or actually communicate false information to the credit reporting agencies
16. Use any name other than the true name of the collection agency.
17. Send any communication which does not express, “This is an attempt to collect a debt… communication is from a debt collector.”
18. Accept or request a postdated check for the purpose of threatening criminal prosecution (should the check not clear).
19. Withdraw funds from a bank account without your permission.
20. Deposit or threaten to deposit a postdated check prior to the date.
21. Cause any charges to be incurred such as collect calls.
22. Take or threaten to take or disable property.
23. Use any marking on the outside of a collection letter, which indicates it is from a debt collector.
24. Communicate via postcard.
25. Bring a lawsuit in a location other than where you live or where the contract was signed.
26. F ail to send a 30-day validation notice within 5 days of the initial communication.
27. Act in any way, which would be considered disrespectful or abusive.
28. Continue collection actions before validating the debt.
29. Use any untrue, deceptive or misleading representations in order to get you to pay the alleged debt.
Disclaimer: The information contained in this web site is for informational and educational purposes only. It is believed to be accurate at the time of creation. We are not attorneys. Nothing contained in this web site is to be construed as the offering or giving of legal advice or legal opinion. Should you require legal advice or legal opinion, please seek the counsel of a qualified licensed attorney in your state.






* What exactly is bad debt or credit and why people get into bad debt.







