Debt Collector Harassment Information
Debt collectors have a reputation for harassing debtors. If this is happening to you, you may not know that there are laws that specifically cover what collectors can say to you, when they can call you and what they can say.
The Fair Debt Collection Practices Act (FDCPA) is a federal law which makes it illegal for debt collectors to engage in certain acts. For example, they can only call you between the hours of 8 a.m. and 9 p.m. If you or your employer informs the collector that you cannot receive calls at work, the collector is prohibited from calling you there. Debt collectors may not threaten you, discuss your debt with third parties other than your attorney or repeatedly phone you just to harass you. They are not allowed to lie to you or engage in any unfair practices.
When I meet with an individual, the person is often shocked to find out that there are no laws requiring an individual to give information to a creditor or collector over the phone or even in writing. I will share with a client, “What creditors know can hurt you.” Further, most creditors and collectors have had years of practice gleaning information from debtors, so, for the most part, they have the upper hand. What Creditors Cannot Do For whatever reason, in our society today, many feel compelled that they must answer questions and hand over their information when asked by…Read More
If you are facing a money crisis, you are probably one of the millions of Americans getting phone calls and letters from debt collection companies and law firms. Too often, these phone calls and letters are rude, abusive, and threaten actions against a consumer that cannot be lawfully taken. The two government entities that address these issues are the Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB). Over the past twelve months, the FTC reportedly recovered over $64 million from abusive debt collection firms. In the same period, the CFPB received over 84,000 complaints regarding debt collection…Read More
The answer is maybe. Please tread cautiously and carefully here and know what you are doing before you decide to record a phone call with someone else. Our lawyers at Bond and Botes sue debt collectors under the Fair Debt Collection Practices Act (FDCPA). We generally find two types of cases where clients sue for violations of the FDCPA. The first are letter violations when a debt collector sends a letter to one of our clients. By the way, we want to see ALL collection letters and this blog post explains why. Abuse and Harassment Cases The second type of…Read More
The attorney general of Georgia recently reached a settlement with the debt collection firm of Williamson & McKevie, LLC. The $8.8 million settlement resolved charges against the debt collector which violated the Fair Debt Collection Practices Act and the Georgia Fair Business Practices Act. Charges Against the Debt Collector The debt collector was charged with numerous violations of the law. These violations included: (1) threatening arrest or imprisonment if a debtor failed to pay; (2) falsely representing that consumers had committed criminal acts and that a lawsuit was about to be filed unless the debt was paid; (3) falsely implying…Read More
Have you received weird looking debt collection letters in the mail? Letters that say the debt is old and that the debt collector won’t sue on it or report it on your credit reports? Also, do these letters say the debt collector wants to settle the debt with you even though it won’t sue you or report it on your credit? If you are getting these types of letters, we want to look at them! Please call our office that is most convenient for you and set up a free consultation so that we can look at these letters. You…Read More
A federal jury in Manhattan found Kansas City businessman Scott Tucker guilty on all counts in a racketeering case. Tucker owned a $2 billion payday-lending business, which prosecutors had argued was built on illegal partnerships and predatory loans. Guilty Verdict’s for Tucker and Muir According to an article on Bloomberg the jury also convicted Timothy Muir, a former lawyer for Mr. Tucker’s company. Muir was a co-defendant in the criminal prosecution. The jury convicted both Tucker and Muir on 14 counts, including money laundering, wire fraud, and violations of federal racketeering and lending laws. The Jury deliberation took less than a…Read More
The Federal Communications Commission (FCC) has proposed an $82 million fine against a man who has allegedly made millions of automated sales calls. The FCC has accused Philip Roesel and Best Insurance Contracts dba Wilmington Insurance Quotes, of violating the Truth in Caller ID act. According to the FCC, Roesel and his company made 21 million automated calls, also known as robocalls, while attempting to sell health insurance. 21 Million Robo Calls The FCC says: “In December 2016, a medical paging provider called Spok complained to Commission staff that robocalling campaigns were disrupting its network. Using information provided by Spok…Read More
The Phantom Debt In late June, the Federal Trade Commission (FTC) filed a complaint in federal court in North Carolina against a debt collection company in that state. Allegedly, the debt collection company took money from consumers for fake (so called “phantom”) debts. In other words, for debts that the consumers did not actually owe. How the Scam Worked According to the FTC, the debt collection company bought counterfeit payday loans through a debt broker from a third-party lending company. The debt collection company then began collecting on the fake debts from consumers. Complaints started coming in from consumers who…Read More
Is it just me or does it seem like calls to your cell phone are exploding in volume? I am probably getting five or more unsolicited and unwelcome calls each day trying to sell me items and services that I do not need nor do I want! I feel like I am under assault! Given the fact I know the law in this area, I thought I would share some ways we can help when you are getting this same type of telephone harassment. This blog post will discuss your rights regarding unsolicited and harassing phone calls, facsimiles, and SMS…Read More
Every day, people come to our offices seeking relief from debt collectors. Millions of Americans are contacted by debt collectors each year, many related to medical expenses. In fact, survey results from a January 2017 Consumer Financial Protection Bureau (CFPB) study show that more than 40 million Americans are contacted each year about medical related debt. That is more than one in eight Americans! Healthcare is Complex and Expensive Healthcare in this country has been and continues to be very complex and expensive. This leads to many people dealing with high or even incorrect bills due to the complexities of…Read More