

Collection Agency Abuse
Posted May 21st, 2013 at 2:36 pm2 Comments
Collection Agency Abuse!
I picked up the phone to be greeted by a terrified consumer. She informed me that she had just received a call from a well known collection agency and believed she was a victim of Collection Agency Abuse – she was right! She went on to inform me about how she was recently laid off from work but that only employees with “behavior” issues were “laid off”. The other employees were laid off for missing work, or for taking too long of lunch breaks, or for missing company goals and milestones. However, the consumer on the phone was “laid off” for another reason. Her Human Resources department was upset that she was continually getting “personal” calls during work hours. The issue is, however, rather than the calls being a sign of insubordination or even the fault of the consumer in question, the calls were not for pleasure but rather harassment.
The debt collector in question was calling her Human Resources department repeatedly. The collector on the other end of the line was asking the Human Resource Director why they employed a “debtor”. The collection agency called for days on end – oftentimes six or seven times a day. The collection agency abuse took place for several reasons – the primary one to try and coerce the consumer into paying their debt to end the future embarrassment.
Collection Agency Abuse is nothing new!
While I have not grown callused at hearing the pleas and legitimate sob stories when I answer my law firm phone, I rarely get shocked these days by what I am told. Collection Agency abuse has been happening for years. Finally, in the late 1970’s Congress did something about it and passed the Fair Debt Collection Practices Act. When passing the Fair Debt Collection Practices Act, Congress had to decide what was considered collection agency abuse in order to legislate collection agency abuse. Furthermore, Congress knew that they were dealing with a serious issue. According to Congresses findings while considering the passage of the Fair Debt Collection Practices Act, Congress wrote:
There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy.
Although collection agency abuse may not sound like a serious issue, lets explore Congresses’ findings more closely.
1. There is abundant evidence of the use of abuse deceptive, and unfair debt collection practice by many debt collectors
-The fact that Congress got involved at all with collection agency abuse says a lot. Furthermore, Congress’ findings of fact paints the picture more clearly. Congress indicates that after its numerous hearings that collection agency abuse doesn’t happen sometimes. Further, Congress found that collection agency abuse doesn’t happen by some collection agencies. Congress found that there is a lot of evidence that MANY debt collectors abuse consumers.
2. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy.
-To me, this is pretty amazing and certainly important. Congress found that collection agency abuse leads to bankruptcy, to divorce, to job loss, and to the invasion of privacy. Collection agency abuse is not a victimless crime.
Help prevent Collection Agency Abuse
Collection Agency Abuse happens for several reasons, but the most common reason is because debt collectors are paid based on how much they collect. Debt collectors know that they will collect more money when the are forceful than if they are polite. As such, they know that they will only be held accountable for their collection agency abuse a fraction of the time. As such, if they collect $100 more by breaking the law and only have to pay $10 for doing so – they still made a $90 profit by breaking the law. The best way to stop this mathematical net reward is to make debt collectors pay more often for the collection agency abuse. If you have been a victim of collection agency abuse, contact us immediately. We can most likely get you cash if you’ve been harassed. Debt Collectors Hate Us!
I’m getting calls 3 times a day, from ID spoofing, for an identity theft debt of my daughter’s from when she was in college and lived at home. We successfully disputed it with Verizon and credit bureaus and stopped collection as well as got it removed from all 3 bureaus 3 years ago. Now a junk debt buyer is calling and hanging up. She spoke to them once and told them it’s not hers and it’s beyond PA’s s SOL of 4 years. They keep calling and have never sent anything in writing and never leave a message.
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