There are still too often abuses by debt collectors in regard to time-barred debts. Zombie debt collectors who use partial payments, acknowledgement of the debt in writing, or other tactics are effectively hard-wiring around the laws having to do with the statute of limitations. I have witnessed situations where consumers were effectively tricked into setting up a series of payments on a long time-barred debt. Collectors continue to take advantage of consumers for whom ESL and also those who are unsophisticated and possibly naive.
Once the consumer is located then nearbys, neighbors, relatives, prior used phone numbers may be abused by collectors to harass and embarrass consumers, or even to compel a relative or other third party to pay the debt. Violations of the FDCPA should be treated as serious breaches of law.
Minors are not normally eligible to enter contracts or take on the obligation of credit arrangements, so this would seem necessarily rare. Regardless, every effort should be made and maintained to protect consumers from mistaken disclosure of personal business.
Unless and until debt collection practices have greater transparency for consumers there will be abuses and misunderstandings regarding legal liability. It's too much a pat answer to say consumers should seek legal advice. Collectors should be required to say with a certain level of supported certainty whether the debt is valid or not. Collectors should not be allowed to rely merely on a borrower's "moral obligation" to repay the debt. Financially disadvantaged, naive, and gullible consumers, and specifically those individuals on fixed, limited incomes, i.e., older Americans, ESL citizens, etc. are especially vulnerable.
Juliana James
1
There are still too often abuses by debt collectors in regard to time-barred debts. Zombie debt collectors who use partial payments, acknowledgement of the debt in writing, or other tactics are effectively hard-wiring around the laws having to do with the statute of limitations. I have witnessed situations where consumers were effectively tricked into setting up a series of payments on a long time-barred debt. Collectors continue to take advantage of consumers for whom ESL and also those who are unsophisticated and possibly naive.
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Juliana James
2
Once the consumer is located then nearbys, neighbors, relatives, prior used phone numbers may be abused by collectors to harass and embarrass consumers, or even to compel a relative or other third party to pay the debt. Violations of the FDCPA should be treated as serious breaches of law.
View this comment in the discussion thread
Juliana James
3
Minors are not normally eligible to enter contracts or take on the obligation of credit arrangements, so this would seem necessarily rare. Regardless, every effort should be made and maintained to protect consumers from mistaken disclosure of personal business.
View this comment in the discussion thread
Juliana James
4
I will transfer this response to the appropriate topic page.
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Juliana James
5
Unless and until debt collection practices have greater transparency for consumers there will be abuses and misunderstandings regarding legal liability. It's too much a pat answer to say consumers should seek legal advice. Collectors should be required to say with a certain level of supported certainty whether the debt is valid or not. Collectors should not be allowed to rely merely on a borrower's "moral obligation" to repay the debt. Financially disadvantaged, naive, and gullible consumers, and specifically those individuals on fixed, limited incomes, i.e., older Americans, ESL citizens, etc. are especially vulnerable.
View this comment in the discussion thread