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Debt Collectors Take Advantage of Intimidated Consumers
January 19, 2007 4:20 PM
With a record number of Americans in debt, consumers are also reporting a record number of abusive phone calls from debt collectors.
Many of those harassed, however, are unaware of their rights under the law, according to former debt collector Mike Flannagan. Flannagan, who quit the industry in disgust, said, "The debtors' ignorance is the best weapon we'll have in collections."
The federal Fair Debt Collections Practice Act protects consumers from harassment and contains specific regulations that debt collectors must follow.
For example, under the FDCPA, a debt collector cannot call a consumer at inconvenient times or places and cannot threaten violence or use profane language.
Listen to actual calls and read the transcripts of debt collectors ignoring the rules. (Audio recordings are courtesy of John Fugate)
Collectors also cannot threaten consumers that they will be arrested if they do not pay their debt. Collectors cannot report a person's debt to outside parties.
Click Here for Full Blotter Coverage.
Consumers can stop a debt collector from contacting them by sending a cease and desist letter to the collector. Experts say such letters should always be sent by certified mail. After that the debt collector is only allowed to contact a consumer if a specific action, like a lawsuit, is being taken against the consumer. If a consumer disputes whether the debt is even owed, the collection agency can only resume collection activities, including telephone calls, if it provides valid proof that the consumer does actually owe the debt.
Consumers have the right to sue debt collectors for damages in state or federal court if they believe the law was violated.
Click here for a list of debt collector do's and don'ts.
Ultimately, Michael Flannagan says the best defense against an abusive collector is to secretly tape your phone calls if it is legal to do so in your state. Otherwise, Flannagan says simply telling a collector that you plan to tape the call is often enough to stop the abuse. "If I know that I'm being recorded," said Flannagan, "an intelligent collector will continue the conversation, but with a lot more 'pleases' and 'thank you's' and no implied threats."
Rozanne Andersen of ACA International, the trade group for the collection industry, says abusive collectors are rare and that most follow the law . According to Anderson, "A debt collector is not the enemy of the consumer. His or her job is to help find a solution and help the person figure out a way to pay the debt."
The above picture is an industry photo.
January 19, 2007 | Permalink | User Comments (69)
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I was called and told I'd be sued for fraud by being behind on my credit card bill that legal action was building on me and that if I didn't pay at least 1/2 of the bill by this date my "butt" (not in those words) would be in court. I had made payments but was still behind, and I was getting calls on my cell phone at 11 pm and sometimes at 4 in the morning!!
Posted by: Scott | Jan 19, 2007 6:05:57 PM
Where do you think all the bullies from High School went after graduation. The mean ones are in prison and the really mean ones are bill and debt collectors.
Posted by: Mike Jones | Jan 19, 2007 6:32:47 PM
I think ABC is doing a disservice by not stressing more what consumers can do to STOP the harassment and the calls entirely. First, when they call, tell them that under the Fair Debt Collections Practices Act, you DISPUTE the debt and they are further prohibited from contacting you anymore except as provided by law. Second, you MUST send this same message in writing to the collection agency, to whatever addresses are on their collection letter(s) to you. Send this certified mail, return receipt requested. That way, if they call you or send you letters after the date you know from the receipt that they received your letter, it is evidence for a lawsuit against them. Always try to record the conversations or at least immediately write it down - everything that was said, word for word, if possible. While it'll be your word against theirs, if you have organized, dated notes with the times of the calls and the name of the person to whom you spoke, it shows much more on your side that you are believable. Finally, try to do this within the first 30 days after receiving the letters or phone calls. They MUST send you a letter in writing, if they only call you they are breaking the law. And YOU MUST reply in writing. If it has gone beyond the 30 days, they can report you to a credit bureau. But if that happens and you follow the above instructions, if you challenge the credit report, they generally cannot verify the debt and it will disappear from your credit report. While they try to claim most follow the law, it is the exact opposite and it is because people do NOT know their own rights. YOU HAVE THE RIGHT TO TELL THEM TO BUZZ OFF, YOU CAN EVEN ABUSE THEM IF YOU WANT. There is no law prohibiting YOU from abusing the collector, only laws preventing them from abusing YOU.
Posted by: Mauro Montoya | Jan 19, 2007 7:00:35 PM
Somehow our society has made a disappointed turn to "how to beat a debt" in comparison to "how to not be abused by debt collectors". It is very disconcerting to me the "free" advice that has been plastered on these comments on the internet as a whole. There seems to not be a deliberate assessment of whether one owes the bill or not, merely how to avoid the debt. Debt collection has become a cat and mouse game, which should have never been the objective. As a 15 year veteran of the collection industry, allow me to make some comments.
First, I am a successful, educated, happy person much to the dismay of many of you, I did not pick this career path to "get out my aggressions". I chose this path because I believe debt collection is a valuable service to our community. Many individuals will never fully comprehend the financial impact that the industry has had on consumers. It has become a necessary part of our culture. One of the reasons consumers pay more for everyday needs are due to the fact that there are those out there not paying at all. Not because they "can't" because they "choose" not to. There are citizens of our country that truly need help…. their debts should be waived when possible. It is our duty to help those less privileged. It is NOT our duty to help those who choose to pay on luxuries only. Despite your opinions there are several manipulative people in the world in some circumstances. Abuses of any debtor are inconceivable. However, in many cases debtors have become to believe that the mere request to pay a bill is a violation of their rights.
Secondly, never in my 15 years have I heard conversations like the ones in this show. I am not discounting them, some are absolutely awful and those collectors should pick another line of work. However, I know many, many good collectors who work with people and help them budget money to avoid pitfalls. At my office we allow individuals to pay $5.00 a month if that is all their budget will allow, as long as it is consistent. That is all we ask. It is not the cruel world tactics I have read about in these comments. I have had debtors who have become clients over the years. I have had people "bless" me for helping them. I have also had them "damn" me to hell for asking them to take responsibility. I think extreme caution should be taken when you use God to defend accountability. Lastly, in 15 years I can count on my hand the number of truly innocent debtors, true accounting mistakes or client error. Maybe I have good clients, maybe we are cautious in whom we purse......all I know is that the portrayal of innocence that I have read today is somewhat hard to imagine. Just remember, there are a lot of inmates whom claim they are innocent. There are always two sides which is why all conversations should be taped, to weed out the good and bad on BOTH sides. I do want to conclude with stating that it is easy to stop communicating with a collector as many of you have so graciously shared to your fellow consumer.
Posted by: Deborah | Jan 19, 2007 8:13:54 PM
One problem the article misses is how many of these calls go to the wrong households, and how absolutely impossible it is to stop them. We constantly get calls for people we've never heard of, and since we've had this number for several years, if this ever was a correct contact number, it's seriously out of date and the collection people must know how old their contact info is. They keep calling though, and no amount of politely telling them they are calling the wrong number will get rid of most of them. Ninety-five percent will call back over and over again, sometimes several times a day. They refuse to identify themselves (illegal) and sometimes tell all about the debt without any indication they are speaking to the person who supposedly owes it (also illegal). We have an unlisted phone number, so obviously cannot be sending cease-and-desist letters giving them our true name and phone number -- that would completely defeat the purpose of being unlisted.
I can't stand these people, and from the research I did when we first started getting these calls, it's likely that very few of the "debts" they are pursuing are even legitimate.
I have taken to trying to make them miserable and crazy when they call back, since I have no sympathy for them. I hope others will do the same -- the more we waste their time, the higher their costs and the less incentive they have to bother innocent people.
Posted by: Irina | Jan 19, 2007 8:44:17 PM
bush and the ftc wont enforce the law against these clowns. they allow the companies to act irresponsible in the pushing of credit pay day loans etc then make it impossible for these people to get out by changing the bankruptcy laws. business has a responsibility to not extend credit to unworthy customers so the rest of us end up paying.
Posted by: jack | Jan 19, 2007 8:57:31 PM
Though I absolutely agree with recording your calls if the debt collector is in fact "out of line", I do not however, agree with abusing the collectors; obviously if you, yourself, are being abused, there is some sort of retaliation that every person automatically gives out.
I myself have experienced greatness in debt collectors. Some companies actually purchased the "bad" debt from original creditors. They will work with you on payment plans and settlements. You may not have to pay the entire balance, not that you shouldn't, but because they purchased the debt and own it, they are at liberty to offer you a discounted settlement. Now that's what I call helping people.
I completely agree with the collection industry (those that follow the laws). Why is it that someone can charge up a credit card or buy a vehicle and not pay for it. Don't misunderstand me, I know that there are people out there who have in fact been victims of fraud, or have had some sort of life altering issue arise that does keep them from being able to pay their bills. I'm talking about those people who are not under the poverty line, who do have some sort of savings, yet won't take the collectors calls. They won't even make small monthly payments in good faith. In today's world, credit is everything. Some people can't even get approved for a simple cell phone plan because of their lack of credit.
Posted by: JC | Jan 19, 2007 8:58:02 PM
I would reward anyone with a self-awarded pat- on-the back for giving those GREEDY,BULLY natured companies/Individuals a dose of their own PIG-HEADED ways of demanding money from "clients" of illegal money collecting practices.
Fingerhut/RIPOFFS actually took me for $100.00 in "late fees" over a balance dispute of 90-some dollar balance.Problem? New Management/took charge over the old contract and decided to collect money that was unethically claimed in their practice. You can sue over unfair/illegal business practices,but prepare for a BIG money lawyer to File unheard of claims against the uneducated victims. BY MY experience..TERRY
Posted by: TERRY Turman | Jan 19, 2007 9:04:31 PM
This story is so correct. We had almost a BILLION dollars of Collection Accounts and simply walked away.
Now, we are traveling the world teaching Collection Agencies HOW to legally collect and also helping Consumers who are Under attack from illegal collectors. Why do we do this? Because we REALLY CARE!
Thanks ABC News!
Robert Paisola
Posted by: Robert Paisola | Jan 19, 2007 9:14:06 PM
AFSA- I used to have a student loan from them until I was told that I could refinance through the federal government...when trying to make payment arrangements I had AFSA threaten, challenge and ask for my retirement, my parents retirement, they put me in tears...my mother has cancer, has no insurance and no retirement...how dare them!!!
Posted by: susan carroll | Jan 19, 2007 11:04:41 PM
These people should have lived with-in their means to begin with. They really do deserve the harassament they receive. Only 20% of debt from these people is ever collected. They increase the price and interest rate all the honost responsible people pay.
Posted by: David Roth | Jan 19, 2007 11:23:55 PM
Thank you for this story.
I just recieved a harrasment call from a debt collector which I knew they where in the wrong for. I have been trying to pull from memory of 6 years ago what I could do to fight them back. I aprieciate your link to F.T.C. for my rights.
Posted by: julia | Jan 19, 2007 11:26:37 PM
If anything, I wish that debt collectors could record all the abusive language and profanity spewed at them by ignorant individuals. I understand that these debtors are probably just frustrated by the debt they've created for themselves, but they need to deal with the issue like adults.
Posted by: Matthew | Jan 20, 2007 12:43:01 AM
What Mr. Montoya said is correct! You should request verification of what you are being told is owed? Who money is owed to? When? How much? and yes you can tell collection agencies to "buzz off!" But what people fail to understand is that the ABC report only showed two sides of the whole Rubik's Cube. Yes those calls presented were abusive and illegal. Yes, some of those calls were to people that at the end didn't even owe money. Yes, once a collection agency is told not to call a certain phone number or a job site, they are required to honor that request and do as they are told! What the story failed to present was the side of the collection Industry that actually does the job correctly and not only gets results in the forms of payments and debts being resolved, but also maintains good repor and relationship with their clients. Oh and by the way, a person who owes money is called a debtor. A debtor is not a Client!!!!! Get it straight! The "Client" is the company that that has hired the agency to do the collect and retain the balance that is owed. You, as a debtor and me, as a collector, its not my job or responsibility to inform you of your rights. IT IS my responsibility to know what your rights as a consumer/debtor are and what my boundaries are and how not to break them or abuse them. One more thing, if you owe the bill and you know you owe the bill pay them darn thing, and that friend of a friend that told you that certain bills that are placed on your credit bureau report won't hurt your credit rating is an idiot! Don't listen to them and ALL negative marks on your credit report hurt you one way or another. Just a little FYI!
Posted by: Collector I | Jan 20, 2007 1:12:22 AM
I have a problem with creditors calling about a person who must have had my phone number before I did. I tell them that I am not this person, but they keep calling me several times a day from 8 a.m. to 9 p.m. When I complain it stops for a month or so, and then starts up again. This has been going on for nearly four years. How can I get this to stop?
Posted by: Chrisitne Riley | Jan 20, 2007 1:22:48 AM
long story, sorta short. i recieved a letter from a collection agency from the state of IL. that i owed over $6,400.00 to my X in back child support, i called them and was told i also owed another women over $29,000.00 in back support. first i said i dont know the $29,000.00+ women and i am not behind in support to my X. they said they wanted proof, i said how do i prove i dont know somebody? then they said well what about the other, i told them to do the leg work as i am not behind. i was told that till i sent proof to them it would be on my record(remember im not behind). so my X mailed all the papers. she called a part of the "system" and they varified i was over(paid more) on my support but the fax # she was given was wrong(now how can they have all the info but nobody else?). they gave her the right number to send it to. so i get a call this morning from the collection people...rude and ready for battle, but admit they talked to my X about the whole problem, and still said till they get the info they will keep calling and acting this way. so i call the state of IL., after 30 min. on hold i get a man that really works with me. he has no case of me even oweing my X anything. so after time he figures it out...they have my wrong S.S.# with my name( i have never changed it). he tells me to write a letter and copy my S.S.# card and mail it in to get it straight(like i should prove who i am). then he says i should call back the collection agency (that they hired to come after me) for proof of the women that i owe $29,000.00+ to. when i call them back i am told that it was a mistake and has been fixed(but they could not call me with good news). my point is when i asked the state of IL. to stop the collection harrassment i was told it had to run the course...might be a month or better till it is stopped...so even tho i was treated like i was guilty from the first call...with the proof open, even the state of IL. cant stop them.
Posted by: jeff | Jan 20, 2007 2:36:32 AM
I have only one thing to say: in the event of a global catastrophe cockroaches and bill collectors will survive.
I wish I knew this information when I had a bill collector calling me at all hours of the day and when I stopped answering the phone they called my wife's parents house, told them I was in collections and would they please call me to tell me to answer my phone.
Posted by: Nick I | Jan 20, 2007 2:42:29 AM
This is not new! In 1985 my sister called me in tears because a bill collector called her regarding an outstanding student loan. He was very abuse on the phone and told her that she better get a job or start "hooking". She now has 2 wonderful well behaved boys, is graduating with her degree after a long time of working and going to school in between marriage and work. She also has a specialty license in health care management requiring a certified case management license and has worked as a psyche nurse, a triage nurse, a public health nurse. I still to this day remember her tears at hearing her describe this loser bill collector encouraging someone to engage in illegal activity (ie sexual favors for money) in order to become a legitimate citizen! Kudos to her for being shocked, but at the same time, 23 years ago didn't know how to handle this kind of bullying and dispicable behavior!
Posted by: Erin | Jan 20, 2007 2:59:54 AM
sent the mean debt collector who is breaking the law to the big house. and thank you card's to the nice one's who is helping you to get out of debt
Posted by: karl Ahlf | Jan 20, 2007 3:04:55 AM
The best thing for anyone to do is educate yourself. A debtors's ignorance is the collector's best weapon.
Posted by: Flannagan | Jan 20, 2007 3:18:43 AM
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