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When the collector goes too far

Angry man on phone

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TEXT OF STORY

Tess Vigeland: Several of you have written to us recently about debt collection. You've gotten notices in the mail that you owe money on, say, a phone bill from 20 years ago.

Well, you've joined a growing chorus of complaints about debt collectors. The Better Business Bureau says complaints jumped 26 percent last year. Ashley Milne-Tyte reports on what you can do if you're feeling hounded by a collection agency.


Ashley Milne-Tyte: Michael McAuliffe hears from consumers in trouble every day. He's run Family Credit Management, a nonprofit credit counseling service, for almost 10 years. But he's increasingly concerned by what clients are saying about their calls from debt collectors.

Michael McAuliffe: We're hearing more and more people saying, "They told me they're going to send the sheriff to my house, I'm going to go to jail." And that scares people because when you're calling as a collector, they think you must know what you're talking about.

He says plenty of collectors don't. Or they break the law by lying to consumers about what can happen if they don't pay up.

The Fair Debt Collections Act says collectors can't threaten debtors. It bans calls before 8 a.m. and after 9 p.m., and it prevents collectors from discussing the debt with anyone but the debtor.

Ira Rheingold is executive director of the National Association of Consumer Advocates. He says some collectors ignore the rules because there's a lot of money at stake.

Ira Rheingold: Debt collection is a gigantic business. And as amazing as it sounds, there are industries that are dedicated to buying debts that are years old.

Most lenders like banks will try to collect a debt for several months. Once they decide it's more trouble than it's worth, they often sell that debt for pennies on the dollar to a debt collection company. That company then goes after the debt, aiming to recoup the full amount. Their employees work on commission. So Rheingold says they're highly motivated to call consumers. And call. And call. Be it in person or via an automated service, like this one:

Automated Debt Collector: This is an attempt to collect a debt and any information obtained will be used for that purpose. Please contact us at an important business matter at 1-800 . . .

More and more Americans are getting calls like this these days. Ira Rheingold says it's partly because the country is wallowing in debt. And he says the third-party debt collection business has exploded over the last several years.

Credit counselor Michael McAuliffe says if these collectors won't leave you alone and you owe the debt, you should face up to it.

McAuliffe: Avoiding it's not gonna be helpful. So they need to look at the problem head-on, see can they make any payments or not.

But what if you're convinced the debt isn't yours?

Alison Preszler is a spokesperson with the Better Business Bureau.

Alison Preszler: Tell the debt collector that you want proof of this debt. And if they can't produce it then they should leave you alone. You can always file a complaint with the FTC, you can file a complaint with the Better Business Bureau.

But that may not be the end of the matter, says Ira Rheingold. He says even if you ask the debt collector to prove the debt is yours, and you never hear from them again:

Rheingold: It is likely that debt is going to be sold to somebody else, who is going to come round further and try to collect your debt.

He advises hiring an attorney -- like him -- who represents consumers in these matters. He says people should check their credit reports regularly to ensure they're not lumbered with someone else's debt.

I'm Ashley Milne-Tyte for Marketplace Money.

kim brown's picture
kim brown - May 13, 2011

there is such a thing of a statute of limitations they can not keep calling you forever.enough is enough do not pay debt collectors.

lea todd's picture
lea todd - Jan 9, 2009

Most people are too scared, who cares, your on the phone, tell the collector what is going on, if they dont care, f them, you did your job, and if you knowingly or willingly want to defaud a company,or have a poor pay history dont apply for credit, no one wants you as a client, you bring the economy down!

Wallace Nolen's picture
Wallace Nolen - Sep 20, 2008

Judith, the answer is a clarified "maybe". If there is a court judgment against ANYONE, not necessarily a relative, and depending upon the state, an attorney can subpoena anyone who might have knowledge to either locate the subject or anything that might uncover assets of the judgment debtor or where the judgment debtor works.

Otherwise, you are under no obligation to disclose anything about them. However, if you really want to help your relatives, friends, etc. out, why not try to discuss with them about paying whatever they owe off, perhaps in small payments on a weekly, bi-weekly or monthly basis? By not "connecting" your relatives with the creditor (or the representative of the creditor) that are only making matters worse for everyone including your relatives. The longer a debt remains outstanding, the worse the subject's credit rating becomes. On the other hand, if there is some sort of a payment arrangement, this helps improve the subject's credit rating. It will also get the calls to stop, since the creditors/debt collectors will have no need to contact you.

By helping to "hide" your relatives, you are only worsening your relatives changes of making arrangements later on to pay in installments and infuriating the creditor/debt collector!

I have seen situations in which a creditor who hides some relative ends up getting treated "differently" from the same creditor, even if the creditor is paid up to date by the relative where the creditor is seeking information. Keep in mind, a creditor can agree or not agree to extend credit to anyone they wish! They are under absolutely no obligation to grant creditor or for that matter to even continue a line a of credit. They can even "call in" a line of credit like a credit card and say that a person has to pay "IN FULL" and that the credit card that the person may have had for a long time and made payments on time, is now CANCELLED! This is quite frequent in today's economic times where all of the creditors are "tightening their belts" and closing down even marginal customers!

My personal advise is to merely tell the people calling that you will give them the information provided that they do not say where they got the information, but do this after a heart-to-heart talk with your relatives.

Wallace Nolen
Barre VT

dillon vass's picture
dillon vass - Jun 2, 2008

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Randye Semple's picture
Randye Semple - May 25, 2008

I have a new telephone number and the automated debt collector calls are happening daily - always asking for people I don't know. I've called back and asked 3 or 4 times to take my phone number off their list - that the people they are looking for do not live at this number. The calls just keep coming. Sometimes 2 or 3 a day. My own credit is excellent, so these calls are intensely annoying. How can I get them to stop calling me? Threatening to report them to the FCC doesn't help.

Wallace Nolen's picture
Wallace Nolen - May 25, 2008

I have been on both sides of the "debt collector fence". I have owned/managed debt collection agencies and I too have been been drowned in calls from debt collectors.

One of the biggest things I have found is that few "enforcement agencies" (especially states and the FTC) refuse to prosecute cases in which a debt collector is cause "dead to rights".

For example, it is illegal for a debt collector to misrepresent who he is, yet many debt collectors make debt collection calls where their caller ID is something other than what it is. In some cases they disguise the information or simply block the information entirely which is clearly illegal. In these cases, the violation is not just the collector making the call, but the high-level management/ownership of the agency! One in particular in Minnesota called me about an alleged "debt" where I returned the merchandise weeks before it was turned over to their company. Their caller ID display had a non-existant telephone number and of course did not display their name. When I complained to both the MN Attorney General and the FTC, they refused to take any action whatsoever pointing their finger at the other agency! In my own case, I use a service of Verizon Communications called IOBI, in which every single incoming call is logged with the caller ID information. Not only did both of these agencies have this information, but the company involed did not dispute all of my allegations.

In this particular case, both agencies knew that EVERY SINGLE TELEPHONE CALL made by this debt collection agency constituted a separate and distinct violation! They also knew that this agency refused to comply with the prohibitions of call blocking a/k/a "caller ID SPOOFING".

As the economy continues on its current trend, debt collectors will not only continue to violate the law in order to harass, annoy and/or alarm consumers, but also will find ways to increase the presure as these collectors only get paid when and only if they are successful.

My telephone number by the way is (802) 479-3384.

Judith Meyer's picture
Judith Meyer - May 23, 2008

On the other side of the coin,I have calls from creditors looking for my children, who, unfortunately do have some bad debts. I have none. Do they have the right to call me? (I have taken to not answering, and they don't leave messages.)Am I obligated as a mother to give out information on my children? Is there a way I can get calls to me stopped?

Thank you for any help on this.
Sincerely,
Judith Meyer
fortmeyer@aol.com