Consumer attorneys occasionally advise their clients not to record unlawful communications due to state laws requiring both parties' consent for recording. The CFPB should require that debt collectors subject to the FDCPA impliedly consent to recording by consumers.
The FDCPA contains an exception for creditors. The CFPB should include in any rule confirmation that the same practices prohibited for collectors under the FDCPA would be unfair, deceptive, or abusive acts and practices if done by a creditor.
If I ever tell a collector that I'm recording the conversation, the call ends rather abruptly or the calls just stop.
Yet, I'm expected to be recorded whenever they initiate the call. They expect me to have an expectation to be recorded when they want to attempt to collect a debt, but the minute I want to record them while I dispute a debt, that's out of bounds...
Most of the consumer debt I see if coming from debt buyers and the consumer doesn't recognize the name or the amount. Many of these are beyond the statute of limitations to file suit but suit is filed anyway. Many consumers don't know to file an answer is court and a default judgment is entered. The information you suggest would help a lot in letting consumers know what this debt is. I would include the trail of ownership of the debt as there could be intermediary owners between the original creditor and final collector. Debts are sold and resold. It would also help to have some documentation of the specific debt having been sold so the consumer can verify the current ownership of the debt. Currently, all they get in response to a validation request is "we checked and you owe it". Our firm asks for specific documents related to the claimed debt and the response we get is "the courts say we don't have to provide any documents...go fish".
I did the same thing and the response was immediate to stop the abusive behaviors. Like you most debt collectors just hang up. Those who stayed on immediately changed their tone of voice and behavior. I would advise anyone receiving verbally abusive, harassing, or threatening phone calls from debt collection calls buy a cheap telephone recording device and to use it when they call. When they inform you at the mini-Miranda point interrupt them and tell them that you too are now recording all debt collection calls. It's the most powerful tool any debtor can use.
What a great idea -- record them. Reading these comments, there are so many examples of abuse, it seems like this Consumer Protection agency ought to have gotten the message thus far: the phones are used to harass. The only way to get this to stop is to put some teeth into the laws through civil fines, not put the onus on the consumer to have to sue.
They have done so. I've gotten calls from the same collector who will use a toll free, then a number with an area code, then that number will be changed by a digit. Google the number. That is so helpful. It will tell you the company that is calling. It was always the same on. I agree this is wrong, misleading, a fraudulent way to deal with people. But the totality of all I am reading here is that collectors are harassing and do it by phone. The thing to do is put some teeth into the laws that prevent this. Now, the only thing consumers can do is sue. And for $1000 -- and you'd be hard pressed to find a lawyer who will sue for such a small amount.
It has become a situation that slams the consumer, it has evolved into that.
josephusmyer
1
Consumer attorneys occasionally advise their clients not to record unlawful communications due to state laws requiring both parties' consent for recording. The CFPB should require that debt collectors subject to the FDCPA impliedly consent to recording by consumers.
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josephusmyer
2
The FDCPA contains an exception for creditors. The CFPB should include in any rule confirmation that the same practices prohibited for collectors under the FDCPA would be unfair, deceptive, or abusive acts and practices if done by a creditor.
View this comment in the discussion thread
Gevian
3
If I ever tell a collector that I'm recording the conversation, the call ends rather abruptly or the calls just stop. Yet, I'm expected to be recorded whenever they initiate the call. They expect me to have an expectation to be recorded when they want to attempt to collect a debt, but the minute I want to record them while I dispute a debt, that's out of bounds...
View this comment in the discussion thread
Jane freese
4Most of the consumer debt I see if coming from debt buyers and the consumer doesn't recognize the name or the amount. Many of these are beyond the statute of limitations to file suit but suit is filed anyway. Many consumers don't know to file an answer is court and a default judgment is entered. The information you suggest would help a lot in letting consumers know what this debt is. I would include the trail of ownership of the debt as there could be intermediary owners between the original creditor and final collector. Debts are sold and resold. It would also help to have some documentation of the specific debt having been sold so the consumer can verify the current ownership of the debt. Currently, all they get in response to a validation request is "we checked and you owe it". Our firm asks for specific documents related to the claimed debt and the response we get is "the courts say we don't have to provide any documents...go fish".
View this comment in the discussion thread
Cindy L.
5
I did the same thing and the response was immediate to stop the abusive behaviors. Like you most debt collectors just hang up. Those who stayed on immediately changed their tone of voice and behavior. I would advise anyone receiving verbally abusive, harassing, or threatening phone calls from debt collection calls buy a cheap telephone recording device and to use it when they call. When they inform you at the mini-Miranda point interrupt them and tell them that you too are now recording all debt collection calls. It's the most powerful tool any debtor can use.
View this comment in the discussion thread
brendandavis
6
Consumers should be able to record. End of discussion.
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gmt512
7
What a great idea -- record them. Reading these comments, there are so many examples of abuse, it seems like this Consumer Protection agency ought to have gotten the message thus far: the phones are used to harass. The only way to get this to stop is to put some teeth into the laws through civil fines, not put the onus on the consumer to have to sue.
View this comment in the discussion thread
gmt512
8
They have done so. I've gotten calls from the same collector who will use a toll free, then a number with an area code, then that number will be changed by a digit. Google the number. That is so helpful. It will tell you the company that is calling. It was always the same on. I agree this is wrong, misleading, a fraudulent way to deal with people. But the totality of all I am reading here is that collectors are harassing and do it by phone. The thing to do is put some teeth into the laws that prevent this. Now, the only thing consumers can do is sue. And for $1000 -- and you'd be hard pressed to find a lawyer who will sue for such a small amount. It has become a situation that slams the consumer, it has evolved into that.
View this comment in the discussion thread