Business & Finance Debt

Harrowing Debt Collection Tales

Despite the existence of a federal law regulating the debt collection industry, debt collectors often take the low road when attempting to get consumers to pay. The harrowing tales are legion, but are all-too-real to those who are experiencing debt collector abuse.

Collectors have, for example, been known to threaten consumers with arrest, prosecution, and jail time. Not that long ago, a Pennsylvania debt collection agency was busted for illegal practices. It turns out that the company had constructed a mock courtroom and would "serve" consumers with legal-looking papers instructing them to appear in "court." This may seem like a particularly egregious example of abuse, but such extremes are more common than you might think.

Take jail time, for example. According to a story published by a major business paper, at least 16 states have laws on the books that say those who owe money can go to jail. Debt collection agencies take advantage of those laws, sometimes sending people to jail for debts below $100.

Other horrific stories include a debt collector who threatened to repossess a father's car on his daughter's social networking page, and collectors who embarrass consumers by leaving not-so-cryptic voicemail messages that are easily accessed by others.

These examples illustrate the down-and-dirty tactics used by some debt collectors when a debt is legitimate; there are many others that occur to consumers who don't even owe any money. All too often, companies that buy debt don't actually have much information about the person who owes the money. They might have a name or a telephone number. The company then taps into vast databases owned by other companies to try and piece together identifying information about the consumer. Oftentimes, they obtain partial information or data that's simply wrong. When that happens, a debt collection agency might hound a person with a similar name to the person who owes money, or someone who has a phone number once held by a person who owes money. Then the nightmare of repeated phone calls and harassment begins. Sometimes, the debt collection agency even mars the credit report of the wrong person, making it more expensive for that person to borrow money (through higher interest rates), making it more difficult to rent an apartment, or making it impossible to get a job or promotion (through employer credit checks).

What can a consumer do if he or she has been through the wringer with a debt collection agency? First, it's important to understand that the federal Fair Debt Collection Practices Act specifically prohibits certain behaviors. Second, the FDCPA says that, if a debt collector has crossed the line, the consumer can sue the collector, and receive up to one thousand dollars plus attorney fees. For that reason, it's important to consult with a fair debt attorney - and it shouldn't cost a dime. Finally, it's critical to file a complaint with the state attorney general's office and one with the Federal Trade Commission. Both agencies track complaints, and use them as a basis for taking the bad players to court. While state and federal agencies can't represent individual consumers, a pattern of complaints triggers legal action to hold those debt collection agencies accountable.

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