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Obama Deficit-Reduction Plan Would Allow Federal Debt Collectors To Contact People On Their Cellphones


First Posted: 09/19/2011 8:01 pm Updated: 11/19/2011 5:12 am

WASHINGTON -- President Obama isn't leaving a single couch cushion unturned in his effort to lower the deficit. A new proposal by the White House would allow collectors pursuing a government-backed debt -- which includes most mortgages, unpaid taxes and federal loans -- to contact people via their cellphones, in an effort to secure every last nickel and dime from taxpayers.

On page 28 of the president's deficit-reduction plan released Monday, federal agencies would be allowed to call people's cellphones to collect debts -- an attempt to reach the increasing number of Americans who are ditching landlines for mobile phones:

Allow agencies to contact delinquent debtors via their cellular phones. The Administration also proposes to amend the Communications Act of 1934 to facilitate collection of debts owed to or guaranteed by the Federal Government, by facilitating contact of delinquent debtors who are most readily reached on their cell phones. This provision is expected to provide substantial increases in collections, particularly as an increasing share of households no longer have landlines and rely instead on cell phones.

Kenneth Baer, spokesman for the Office of Management and Budget, said there would be no intrusion into people's cellphones.

"This proposal merely reflects the fact that more and more people rely solely on a mobile phone for their voice communications, and allows debt collectors to call them on these numbers," he said.

Debt collection, however, is a touchy subject, and one that typically leads to a high number of complaints on the Federal Trade Commission's website.

Tena Friery is research director at the Privacy Rights Clearinghouse, a nonprofit dedicated to protecting the privacy of American consumers. She said that if the new regulations are not written correctly, there could be the "potential for a lot of abuse," such as calls accidentally going to people's employers or relatives.

"One of the common problems we hear regarding debt collectors is that the debt collector is calling the wrong number," she said. "Cellphone numbers tend to change more than landline numbers, as people move from place to place or plan to plan. This can be quite annoying for people to receive repeated calls from a debt collector about a debt that's not even theirs, about someone they don't even know."

Another common complaint about receiving calls on cellphones is that the individual may have to pay extra to receive the call.

Currently, private debt-collection agencies are not allowed to use auto-dialers to call people's cellphones. These devices make it so that the caller doesn't have to manually punch in the number. When there's a busy signal or wrong number, the auto-dialer automatically moves on to the next number.

The deficit-reduction plan doesn't specify whether federal agencies would be able to use auto-dialing, or whether they would have to manually call individuals to pay up.

Mark Schiffman is the director of public affairs at ACA International, the trade association of third-party debt collection businesses. He said cellphone restrictions make it incredibly tough for companies to collect unpaid debts.

"With more folks going to cellphone only, how do you reach out to them to collect debts that they might owe? Current law, at least as it represents the private sector, prohibits the use of an auto-dialer to make the call to someone on their cell phone," he said.

"So the first question to the federal government is: Are they subject to the same provision? Because in many of these instances, the government is looking to private firms to do this work for them. They outsource to our members, which are private third-party debt collection firms who go about the business of collecting. But under current law, you can contact somebody on a cellphone, but you have to do it manually."

He added that the new rules would undoubtedly increase revenue for the federal government, since it would be able to reach more people to pay up.

"Consumers are more and more indicating how they want to be contacted, and more and more they're indicating cellphones versus landlines versus direct mail," he said. "And so, not being able to contact a good portion of folks on their cellphone would limit how many people you're reaching. Therefore, the simple math is if we can connect with more people, we obviously can potentially have a better success rate."

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04:29 PM on 09/21/2011
As Dayton Allen was fond of saying on the old Steve Allen show: "Why not?" After all, our government is watching, listening, and noting everything we say and do anyway.
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HUFFPOST SUPER USER
WSAY
Res ipsa loquitur
12:43 PM on 09/20/2011
Actually, if a debt collector is harassing you, you can sue them. Google "debt collection abuse ****" where **** is your city or state. Calls to your cell telephone is currently considered to be harassment.
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jesternhell
thanks to all that fan, fav, and reply
12:14 PM on 09/20/2011
hello is this ge?
can we put the irs on the do not call list?
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jesternhell
thanks to all that fan, fav, and reply
12:12 PM on 09/20/2011
its all good i just renegotiate with the government and they get paid last.
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jkipp
The Real Moderate America
10:59 AM on 09/20/2011
I'm not worried, I have ATT. They wont be able to get hold of me.. :)
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supersajin
Ron Paul Democrat
10:48 AM on 09/20/2011
Is he going to get the numbers of the bankers who stole trillions?
Coporations who don't pay any taxes?
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Berettasskeeter
For what we are about to receive, may we be truly
09:23 PM on 09/23/2011
Which bankers, by name, stole trillions? Which corporations pay NO taxes?
Semper fi
10:21 AM on 09/20/2011
I'd be ok with this, if I didn't have a mobile plan with limited number of minutes, and having my incoming calls chip at my minutes. In other countries all calls are taxed to the caller, so for incoming you pay nothing.
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nyjjc
Dark Lord of the Facts
10:24 AM on 09/20/2011
So what stops you from hanging up and not "wasting" your minutes? Or telling them you will call them back from a landline on their 800 number?
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WSAY
Res ipsa loquitur
12:41 PM on 09/20/2011
These are debt collectors! They don't simply not call back. Further, at that point you are already charged. This is just part of the movement to take away the rights of consumers. Recently the Supreme Court of the United States ruled that companies can avoid class actions in consumer and employment cases as well.
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HUFFPOST SUPER USER
WSAY
Res ipsa loquitur
09:42 AM on 09/21/2011
1) I am a liberal.
2) I have personal knowledge about IRS debt collectors, so don't tell me they are held to any standards. They get sued, and lose, all the time.
3) I am an expert on the FDCPA, and I never said it applies to original creditors (although it can).
4) Either way, a debt collector hired by the IRS is not an original creditor, it is a third party collector.
5) It IS prohibited for debt collectors to call cell proves without express consent. Read the TCPA. Automated recordings are prohibited.

Other than being abusive, you know nothing about debt collection. But you sure are a loudmouth. I may have to reconsider!
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nyjjc
Dark Lord of the Facts
10:18 AM on 09/20/2011
Given the spanking the IRS took about 20 years ago from Congress for it's heavy handed tactics back then, and the kid gloves they tend to use with tax debtors now compared to private sector debt collectors, I see no issues with this - especially as the people they are trying to reach generally ditched their landlines.

For every dollar not paid by a tax debtor, it's a dollar that the rest of us have to make up - keep that in mind. While I will not support heavy handed tactics, this is fine.

Yes, the malcontents and the tax protestors will complain the IRS and other federal agencies are still "heavy handed" because "they froze my bank account once and left me with nothing to live on", what they don't tell you is that generally they don't take such drastic action until all other avenues of collection have been exhausted - meaning they had been trying to collect the debt for months or YEARS before that account was frozen and gave them ample opportunity to protest the debt, set up a repayment plan, or send a check for payment in full.
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TechYes
I'm not dead yet.
10:10 AM on 09/20/2011
"Dave?" "Dave's not here, man."
IreneNH
Please feel free to disagree
10:03 AM on 09/20/2011
The most distressing point in this story is that the Federal government is outsourcing collections to private firms. There are so many private debt collectors that use intimidation and other illegal tactics. There are some people who have been shut down because of these illegal actions but then open up again under another name and continue their illegal practices. And too many media outlets carry their ads. I guess the advertising money is more important to them.
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nyjjc
Dark Lord of the Facts
10:22 AM on 09/20/2011
Private firms that get that farmed out work don't last long if it's found that they are being abusive to taxpayers.

The IRS does not want a repeat of the Congressional hearings of about 15-20 years ago, and is very conscious of how taxpayers who owe back taxes are treated,

Unfortunately, any time debt collection is involved, there will always be those who feel they are unfairly treated no matter what, because if they continue not to pay, eventually you have to take a harder stance such as a wage garnishment or seizing a bank account.
IreneNH
Please feel free to disagree
10:35 AM on 09/20/2011
The story does not deal specifically with back taxes. It deals with any federal loans such as student loans and mortgages. If you think that debt collectors do not mistreat people and that there will always be those who feel they are unfairly treated no matter what, I hope you never have to deal with them yourself or that no one you know has to.
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outtopastur
Ask Us If We Care
10:57 AM on 09/20/2011
Exactomondo. All you have to do is to go under the FTC's website and read the settlements in which these rogue CA's signed consent orders "Not to break the law again"---only to read about them resurfacing like alligators under a new name--and continuing to do the same thing over and over AND over again....
IreneNH
Please feel free to disagree
11:10 AM on 09/20/2011
Thank you for your comment. F&F
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nyjjc
Dark Lord of the Facts
12:30 PM on 09/20/2011
The problem with private firms collecting private debt is that it is difficult to pierce the corporate veil and go after their slimy operators personally.

As I noted above, provided other federal agencies involved take the same stance as the IRS and FIRE bad 3rd party collection agencies that do not treat the debtors with respect, there should be no problem.
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lqw
Justmyopinion
10:03 AM on 09/20/2011
The first IRS call should go to Warren Buffett whose corporation owes a billion dollars in back taxes.
11:05 AM on 09/20/2011
Did you actually do the analysis or are you just quoting a fox sound bite? At that level of taxes, there is probably some legitimate dispute as to the amount and time that the taxes are owed. Also, there could be some mechanism to put off paying the taxes until later.

Please, tell us all of your level of knowledge of corporate tax laws and rulings.
avanteguard
Truth, Justice, and the American way
09:59 AM on 09/20/2011
Hopefully the IRS will make one of it's first phone calls to the despotic and arrogant Obama on his cell phone, and get him to repay the American people for the half billion lost dollars he gave to Solyndra that should never have been given by Obama and his regime.....especially after they had the reports that showed the Bush administration REJECTED the loan due to poor profitability possibilities for Solndra that was correctly assessed by Bush officials.
11:06 AM on 09/20/2011
I'd rather see the Bush administration answer for all the sons and daughters, mothers and fathers that were sacrificed for a war that he lied to get us into.

oh...wait...I guess actually asking for real justice was outside of your comment
avanteguard
Truth, Justice, and the American way
08:43 PM on 09/21/2011
He LIED????? Where is your proof of any lying??? Oh I get it....because YOU say so.
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09:56 AM on 09/20/2011
"why hello there mr federal agent. sorry you have the wrong number."
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wrightthewrong
Medicare for All
09:38 AM on 09/20/2011
How about we undo Congress's giant cut to the IRS, which was pursuing billions of dollars in unpaid taxes and then had their budget cut, nipping this excellent source of revenue in the bud, so to speak...
09:52 AM on 09/20/2011
230 Excellent point.
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Hatima Transport
Let peace prevail Obama/Biden 2012
09:34 AM on 09/20/2011
see no problem with it..Majority of people don't even own land lines so....
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gwinegarden
She's an Arctic Wolf
11:08 AM on 09/20/2011
I was about to make the same point.
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11:20 AM on 09/20/2011
Even my parents, who are in their eighties, finally ditched their landline for a cell phone. No more telemarketers!