Cindy L.'s Comments

Consumer Debt Collection Practices (ANPRM) | Closed Rule

Cindy L.
1

Having gone through a Chapter 7 bankruptcy I can tell you that debt collector phone calls were the worst part of the bankruptcy experience. Massachusetts has it right limiting the number of calls debt collectors can make. That would remove one of the favorite illegal tactics debt collectors use to harass debtors. Some debt collectors would threaten to put us on robocalls so that our phone rang hourly until we agreed to a repayment loan schedule. Or they would threaten to call my spouse at work to see if he would be "more cooperative" and agree to a loan repayment schedule even after being informed that his workplace did not allow debt collection calls. Nothing phased these people and they appeared to enjoy verbally abusing me. Informing them that we wanted all debt collection to be written was also ignored. I could accurately predict who was calling by the day and time of the calls. Chase Bank called every Tuesday morning at 9AM. Bank of America called every Monday morning at 10:30AM. These calls were always professional and appreciated. I followed specific instructions given by our bankruptcy attorney who did not want the debt collectors to know that we were planning on filing bankruptcy in a few months. So I faithfully answered every single debt collector call for almost six months. I politely confirmed my identity. I confirmed I owed the debt and then I politely told each call that I could not start to repay the debt at this time. The banks/credit cards accepted this without a problem and remained professional. Others like GE Capital and the vacation time share debt collectors would then start with the abusive comments. Calling me a "deadbeat" and swearing at me was popular. Another popular threat was how they would harass us nonstop until they got their money. What finally put a stop to the unethical tactics was when they would call and inform me that I was being taped I then informed them that I too was now taping their phone calls. Most immediately hung up. A few would clean up their act and then act in a professional manner. The ability to tape debt collection calls is a powerful tool for the debtor to have and I would encourage this agency to grant debtors this right. Nothing cleaned up the bad behavior like knowing they were being taped.

Cindy L.
2

That's not true in my experience. Unethical debt collectors just ignore requests now. Most consumers also don't know that debt collectors can call you to collect a debt on any phone number you have used to contact the company or provided the company. So calling your credit card company from your best friend's home phone, your neighbor's phone, or your relative's house puts their phone numbers on your contact list. This practice needs to be changed to protect the confidentiality of the debt collection process.

Cindy L.
3

Unscrupulous debt collectors use this tactic trying to force people into agreeing to repay a debt. The threat of debt collection calls at work is a powerful incentive to repay a debt.

Cindy L.
4

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.

Cindy L.
5

The CFPB should ban workplace calls completely. Consumers provided a home phone number when they take on the debt and that should be the number they call to collect it. Communicating by registered/certified letter should also be the alternate method not workplace calls. Second Massachusetts limiting the total number of calls is a fabulous idea. We don't throw debtors in prison today yet the ridiculous amount of abuse and scorn they must endure is totally unacceptable. CFPB desperately needs to clean up the debt collection industry.

Cindy L.
6

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.