Debt Collector Abuse- FDCPA AND DTPA Helps Stop The Abuse

Jan. 26, 2008 - PRLog -- Let's face it, the more they collect the more they are paid. Does this give them the authority to lie, cheat and flat break the law to collect from those that have fallen on hard times? I think not. In fact, your State and our Federal laws both protect us from the abusive collection practices used by most every office in the country.

You will find there are more uneducated and criminal employees in debt collection than most any other industry. First, never offer personal information to the collector. You have the right to discuss the debt with the original creditor. Offering your bank information and or personal finance details is asking for big trouble.  

Complaints about debt collectors have risen in recent years at the state and national level, both in absolute terms and as a percentage of overall complaints. Still, it's hard to know if the increase is because bill collectors are getting worse, or simply because more people are complaining.

In Pennsylvania so far this year, the consumer protection bureau logged 3,240 complaints about debt collectors, the most of any industry. The tally outpaced the broader categories of telecommunications (second with 3,155 complaints) and buying services (third with 2,827), a segment that includes such things as gift certificates, coupons, rebates and contests.

Under state law, which essentially mirrors federal regulations, debt collectors generally can't discuss the debt with anyone other than the debtor or the debtor's attorney.

Bill collectors also can't use threats of harm or obscene or profane language, and may not contact the debtor before 8 a.m. or after 9 p.m. or use the telephone to annoy.

Collectors also are prohibited from making false or misleading statements, such as implying that the debtor will be arrested, or that the creditor will file a lawsuit when it can't or doesn't intend to do so.

Threats about garnishing wages also often violate the law, if the state allows garnishing in only special cases, such as for child support and back taxes.

In most cases, the collectors biggest strength is your weakness. Consumers in financial distress need to either know their rights or conatct a Professional Debt Arbitrator who is IAPDA Certified. This should, inmost cases of unsecured debt stop the abuse, and redirect the communication to the expert. Based on individual situations stopping the calls may not be in your best interest as it may force the creditor or collector to hire an attorney.

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