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.
There should be no option to attempt to verify the debt. Attempts should always be required and if verification is not made, the debt cannot be further transferred.
The same debt will be recycled by changing the date and placing with various agencies. In some instances the debt has been paid, but the various collection agencies are still reporting the debt and trying to collect. This practice is not legal, but occurs frequently.
Verification is a joke, it just means that they look at there computer again and say yes you owe the debt. They don't offer any proof that you owe the debt or that you are the actual person that incurred the debt. I had my identity stolen and I didn't even know it. They could not produce a signed credit card receipt to compare my signature.
I have been called by a bill collector and asked for somebody who I had no knowledge of, we'll say "Joe Smith". I say "Joe Smith doesn't live here. In fact, I have never heard of Joe Smith". The caller states: "Well, do you have Joe's current phone number?" I say "I repeat, I don't know a Joe Smith".
The collection agency caller states "I'm sorry I am not allowed to remove this number from our database unless a new number replaces it."
Oh, come on now, seriously?
Debt collectors should not be permitted to harass a debtor's ex-spouse by repeatedly calling the ex-spouse. Debt collectors are known to use the old phone number of the debtor that now belongs to the ex-spouse exclusively. Even though the ex-spouse tells the collector to remove her phone number from the collector's records, the collector does not, and then repeatedly calls her trying to get to the debtor. Collectors must be required to remove her phone number from their records at her first request and not be permitted to call her again. Otherwise, she has no recourse to get the harassment to stop.
My homeless brother in San Diego was taken to the hospital by a local ambulance service. On the way, they ask for a person to contact, with an address or phone number. Now the collection agency is calling MY phone number. They are saying I owe money to this ambulance service. They know it is a lie, but they will still keep trying to collect on this debt, and harassing me in the process.
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.
As a bankruptcy lawyer, I frequently deal with clients or are harassed by debt collectors calling family or neighbors. the collectors will claim they are acquiring location information, but this is frequently the case where the consumer has been at the same location for years. I hope the rules will narrow the "location information" exception so that it can only be used where there is really doubt about the consumer's location.
I was following the advice of our bankruptcy attorney. I was allowed to tell creditors only a limited amount of information. I could confirm- my identify, that yes I owed the debt, and third that I was not able to start repaying my debt. No I was not allowed to tell the debt collectors that we would be filing bankruptcy. It took almost six months to complete tasks prior to notifying creditors about the bankruptcy. During that time I was subjected to verbal abuse, threats, illegal intimidation tactics, and outright lies. The tape recorder completely stopped the bad behavior. It's amazing what debt collectors will say and do when they call debtors. It's a totally different story what they want recorded. The best money you will ever spend is a cheap $20-25 telephone tape recorder.
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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rb
2
There should be no option to attempt to verify the debt. Attempts should always be required and if verification is not made, the debt cannot be further transferred.
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quino1974
3
This has to stop. I also think that companies who have their own collection companies should not be allowed to negotiate terms with loan holders.
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Jerry
4
The same debt will be recycled by changing the date and placing with various agencies. In some instances the debt has been paid, but the various collection agencies are still reporting the debt and trying to collect. This practice is not legal, but occurs frequently.
View this comment in the discussion thread
drose977
5
Verification is a joke, it just means that they look at there computer again and say yes you owe the debt. They don't offer any proof that you owe the debt or that you are the actual person that incurred the debt. I had my identity stolen and I didn't even know it. They could not produce a signed credit card receipt to compare my signature.
View this comment in the discussion thread
TaxGuy
6
I have been called by a bill collector and asked for somebody who I had no knowledge of, we'll say "Joe Smith". I say "Joe Smith doesn't live here. In fact, I have never heard of Joe Smith". The caller states: "Well, do you have Joe's current phone number?" I say "I repeat, I don't know a Joe Smith". The collection agency caller states "I'm sorry I am not allowed to remove this number from our database unless a new number replaces it." Oh, come on now, seriously?
View this comment in the discussion thread
Babs
7
Debt collectors should not be permitted to harass a debtor's ex-spouse by repeatedly calling the ex-spouse. Debt collectors are known to use the old phone number of the debtor that now belongs to the ex-spouse exclusively. Even though the ex-spouse tells the collector to remove her phone number from the collector's records, the collector does not, and then repeatedly calls her trying to get to the debtor. Collectors must be required to remove her phone number from their records at her first request and not be permitted to call her again. Otherwise, she has no recourse to get the harassment to stop.
View this comment in the discussion thread
Dannyea
8
My homeless brother in San Diego was taken to the hospital by a local ambulance service. On the way, they ask for a person to contact, with an address or phone number. Now the collection agency is calling MY phone number. They are saying I owe money to this ambulance service. They know it is a lie, but they will still keep trying to collect on this debt, and harassing me in the process.
View this comment in the discussion thread
Cindy L.
9
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
10
Consumers should be able to record. End of discussion.
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robertrossweed
11As a bankruptcy lawyer, I frequently deal with clients or are harassed by debt collectors calling family or neighbors. the collectors will claim they are acquiring location information, but this is frequently the case where the consumer has been at the same location for years. I hope the rules will narrow the "location information" exception so that it can only be used where there is really doubt about the consumer's location.
View this comment in the discussion thread
Cindy L.
12
I was following the advice of our bankruptcy attorney. I was allowed to tell creditors only a limited amount of information. I could confirm- my identify, that yes I owed the debt, and third that I was not able to start repaying my debt. No I was not allowed to tell the debt collectors that we would be filing bankruptcy. It took almost six months to complete tasks prior to notifying creditors about the bankruptcy. During that time I was subjected to verbal abuse, threats, illegal intimidation tactics, and outright lies. The tape recorder completely stopped the bad behavior. It's amazing what debt collectors will say and do when they call debtors. It's a totally different story what they want recorded. The best money you will ever spend is a cheap $20-25 telephone tape recorder.
View this comment in the discussion thread