Debt collection has been a growth industry within the U.S. thanks to the Great Recession. Creditors are unloading debt to collection agencies for pennies on the dollar. On consumers, collection agencies are coming down even harder. About collection agency harassment, there have been more consumer complaints. Law firms that are using debt collection software are in all the courtrooms. But consumers need to know that they can hire an attorney to sue debt collectors for abusive practices. Article source – Consumers have legal protection from collection agency harassment by Personal Money Store.
Collection agencies – abuse, violence and bogus claims
More collection agencies are trying to get money out of people. CNN reports that harassing phone calls, abusive language and physical violence are becoming a bigger part of the collection agency business. As outlined by the New York Times, a single law firm can use computer software to file thousands of debt collection cases, often based on inaccurate or incomplete info supplied by creditors who sold the debt. According to the Post-Bulletin in Minneapolis, accounts have been tapped, wages seized and people threatened with arrest for debts they do not owe or for inflated amounts.
Collection agency harassment skyrockets
Complaints of collection agency harassment went up by 50 percent in 2009, as outlined by the Federal Trade Commission. The CNN article said they’re on track to jump 13 percent more in 2010 which is depending on FTC complaints filed within the first six months. The top complaint is repeated calls. It is common for debt collectors to harass consumers with calls for extended periods of time. When they get someone to answer the phone, they’re more likely to be abusive. Complaints of collection agencies using obscene or abusive language spiked 35 percent last year. Complaints of debt collectors threatening or resorting to violence doubled last year.
Now debt collection software sues indiscriminately
While harassment by collection agencies is increasing, they are also hiring lawyers to sue. The New York Times article explained that a debt buyer sends a law firm a database that contains consumer data including names, home addresses, outstanding balances and the date of default. The law firm runs the data through debt collection software that runs suits through the legal system automatically, including the collection letters, summonses and lawsuits. Most consumers who get sued by debt collection software tend to fail to show up in court, and those who do rarely have a lawyer. A court judgment gives debt buyers the ability to collect on the debt through things like wage or property garnishment.
The bankruptcy laws fuel debt collection industry
The debt collection industry exploded beginning in 2005 with sweeping changes to federal bankruptcy laws that made it harder for people to get a fresh start. Individuals defaulted on loans which then expanded the debt buyers’ market. As outlined by the Post-Bulletin article, the nation’s five publicly traded debt buyers last year paid $ 835 million to acquire $ 20 billion in old debts. Credit card debt makes up almost all of the total But almost every type of charged-off debt, from unpaid cell phone accounts to hospital bills is for sale. Debt buyers base their claims on data up to 15 years old that can be extremely hard to verify, and they’re ready to hound individuals for years.
Consumers sue to get besides collection agencies
More common are aggressive tactics. The CNN article said collection agencies calling before 8 a.m. or after 9 p.m., demanding more money than what is owed, revealing a consumer’s debt to a third party or threatening “dire consequences” like prosecution, jail time, property seizure or job loss. These practices are considered illegal under the FTC’s Fair Debt Collection Practices Act. Consumers can take a collector to court for harassment. If they win, the collection agency has to pay for any damages caused by the harassment, also as court and attorney fees.
Discover more details
CNN on Yahoo
finance.yahoo.com/news/Debt-collectors-sock-it-to-cnnm-2499699064.html?x=&.v=4
New York Times
nytimes.com/2010/07/13/business/13collection.html?_r=1&emc=eta1
Post Bulletin
postbulletin.com/newsmanager/templates/localnews_story.asp?z=7&a=460512