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Debt Collector Complaints Spike As Americans Struggle To Pay Bills

First Posted: 11/18/2011 11:41 am Updated: 11/18/2011 11:41 am

Debt Collectors

As the down economy makes it increasingly difficult for Americans to pay their bills, debt collectors are targeting consumers in droves, prompting an uptick in complaints against the companies.

The number of complaints about debt collectors filed to the Federal Trade Commission jumped to 140,036 in 2010 from 104,766 per year in 2008, according to USA Today, as more Americans try to scrape together enough money to pay their bills. In the past three years, the FTC has taken 10 companies to court -- compared to 6 companies in the three years before that.

As high unemployment, a weak housing market and stagnent wages pinch Americans' budgets, they're having more trouble paying back debts, which means increased opportunities for debt collectors. But the squeeze can also have consequences for the companies notorious for pestering consumers -- if households are running out of money they're less likely to pay it back.

To get consumers to pay, some debt collection agencies are intimidating households, bugging them during all hours and at increasingly close intervals. In some cases, they're even calling the bereaved to collect on debts they don't owe.

And the debt collection sector is only poised to grow. The industry expects to grow 26 percent in the next three years. But their tactics may get more aggressive as well because the economic down turn has made it more difficult for them to collect.

The agency has had some success at stopping these companies looking to prey on consumers having trouble paying their bills. A U.S. district court stopped activity at seven connected California-based debt collection companies last month and temporarily froze their assets, after the FTC filed a complaint that the collection companies were using lies, threats and insults to get consumers to pay up.

But in many cases, the consumers the companies were calling didn't owe anything at all, according to the FTC complaint.

Threats and intimidation may be some of the more egregious examples of unfortunate debt collector practices, but consumers across the country have also contended with aggressive debt collectors in less extreme situations. A man in Shiner, Texas filed a federal suit against a debt collection agency earlier this month, after he allegedly told the company that the statute of limitations on his debts was up, but they kept calling anyway -- sometimes before 8 a.m. -- according to the Victoria Advocate.

An Orlando woman said a debt collection agency called her on behalf of Bank Of America about 15 times asking her to pay her recently dead husband's $16,600 credit card debt, even though under Florida law she's not responsible for the debt, My Fox Orlando reports. Now, she's suing BofA and the collection agency.

It's not debt collection agencies getting more aggressive, either. A Hawaii woman also accused BofA robo-calling her in the immediate aftermath of her husband's death over a missed mortgage payment, in some cases calling every 15 minutes, according to a lawsuit she filed in September.

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As the down economy makes it increasingly difficult for Americans to pay their bills, debt collectors are targeting consumers in droves, prompting an uptick in complaints against the companies. Th...
As the down economy makes it increasingly difficult for Americans to pay their bills, debt collectors are targeting consumers in droves, prompting an uptick in complaints against the companies. Th...
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foresure
Brash and Harsh
05:12 PM on 11/23/2011
Be Careful of lthis Blog:

Yes, in theory you can go to jail for not paying a debt. That debt is almost always will be owed that owed by a male to a female for child support, after the female has shown to the satisfaction of the Judge that he has the ability to pay. She, of course gets a free lawyer to help her do that.

He doesn't got to jail, if he pays something, before they lock him up.

A judgment against you is insufficient to put someone in jail. If you show up when you are "Ordered" to be in Court, you could be in trouble. A mere notice, unless it is a criminal is not enough to put you in jail.

Even a very incomplete bankruptcy filing will STOP all action by any state court judge.

Contributions by "laser focused" are entirely misleading, and I believe sponsored by evil sources.
04:07 PM on 11/22/2011
One of the stalwarts of the Republican Anti-American Tea Pary is again in the news.
Debt Collection agencies. Nomanees, Cain, Buchmann, Perry and Gingrich have all spoken favorably ao bringing back debtors Prison. As a way of returning the economy to a healthy state.
If the individual can not pay put them in jail. Until some one ether pays there debt or they can earn enough money at .25p/h. to pay off there debts. Of course they would have to pay room and board and also there fair share of the federal tax burden. That is the only way to teach people so say the Baggers to not spend mmore money then they have.
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HUFFPOST SUPER USER
election2012
An independent voice for the greater good.
08:08 PM on 11/20/2011
Prohibits the use of consumer reports or credit checks against job applicants.
http://www.opencongress.org/bill/112-h321/show
HUFFPOST SUPER USER
siegfried728711
01:58 PM on 11/19/2011
THIS IS WHAT OCCUPY WALL STREET IS ALL ABOUT.....
foresure
Brash and Harsh
01:34 PM on 11/19/2011
Suggestion:

Get a cell phone and register it under a made up name. Nothing illegal about that. Then disconnect your land line. End of hassle.
02:13 PM on 11/19/2011
You don't have to do that. Just tell them to 'cease and desist' in calling you. By law they must comply. Just remind them of that and to take your name off their calling list.
foresure
Brash and Harsh
02:28 PM on 11/19/2011
liltrix:

And why would they choose to obey the law. Because they are required to? Come on, they can always quit before they get sued. In the meantime ...
03:14 PM on 11/19/2011
then they'll just sue you for the amount. Can't make it to court? Writ of attachment goes out on you, cops knock on your door, you still don't do anything about it and now you have failure to appear...arrest warrant for you is issued. All fun stuff because you thought you were going get over on something. Wrong-o.
01:22 PM on 11/19/2011
It is rare the Huffington Post and I agree. But in this case you are dead on.

My mother in law had Alzheimer's. She maxed out her credit cards. Most of that went to a televangelist to the tune of $300 to $500 a week until they maxed out her card.

After we took her in, the collection agents were ruthless. We explained that she was not competent, had no assets, etc.

After she passed, several collectors tried to persuade my wife that debt passed like an inheritance and that she was responsible. Fortunately, she knew better.

They have a job to do. It may not be the majority. But 95% of the collectors I dealt with handling my mother-in-law's affairs were ruthless. They called eight times a day. They claim their telephone system makes the calls won't stop it until they got some money. One representative from GC Services asked for Margaret saying he was from her church.

Those practices create a special kind of rage. It is beyond description. There is no excuse.

We finally disconnected her number and got Google-Voice number for the collectors. But even then, they crossed her old number to our address and started calling on our phone line. Ten months after her death and the last of the death certificates have gone out, some of them still call.
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frank day
Republican = FAIL
11:22 AM on 11/19/2011
I feel the same way about debt collectors as I do about parking meter attendants.

Their lives must really suk to sink so low.
02:14 PM on 11/19/2011
I don't see parking meter attendants in the same category at all. Debt Collectors require a mean and condescending attitude that treats the person like someone who isn't even human.
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HUFFPOST SUPER USER
frank day
Republican = FAIL
04:21 PM on 11/19/2011
You haven't met out local meter people
majorwood
My micro-bio is empty, just like my wallet
11:12 AM on 11/19/2011
Here's a simple way to get them off the phone quickly. Ask if they mind if you record the conversation. Most of the time you will hear a click as they hang-up the phone. If they say "yes, I do mind. I do not want this conversation recorded" hang-up. When they call back just repeat the process. If they ask why you want to record the conversation, tell them it's so if they violate your rights on the phone you'll have proof and can sue them for it in federal court. You do not have to engage in conversation with them or be nice to them. That doesn't mean you can use profanity.
06:21 PM on 11/19/2011
That's exactly what happened to me with CitiBank. As soon as I said I was recording the call, he said, "I can't complete this call, then," and hung up. Great tip!
10:21 AM on 11/19/2011
If you live in Sac call the Sheriffs, if they even call you more than once a day. That division of our law enforcement takes care of business same day. If you get robbed or have a neighbor blasting music at 3am, they will not help you. Good about the phone harassment though.
09:37 PM on 11/18/2011
Easy Solution - change your phone number and make it unlisted.....
This user has chosen to opt out of the Badges program
11:41 AM on 11/19/2011
Really? These guys seem fairly resourceful.
02:14 PM on 11/19/2011
You shouldn't have to. Tell them to cease and desist. By law they must do so if you are not the person they are looking for.
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HUFFPOST SUPER USER
need-to-know
08:14 PM on 11/18/2011
If you truly have no money or just enough to pay rent and buy groceries you have two options, go bankrupt or stop answering the phone. You can set your cell phone to identify collectors numbers - don't answer it and let it go to voice-mail. Focus on finding work, pay yourself first and start saving some money. When you are able to begin paying you can negotiate a lower amount in a settlement. Your credit rating is shot and you are starting over just face up to it and move on.
04:55 PM on 11/18/2011
Debt collectors are required to adhere to the Federal Debt Collection Practices Act which sets out specific practices they may not engage in. If you believe a debt collector who has contacted you has violated these practices, keep a written log of dates and times and names, if they will give you that. If possible, record the conversation. And finally, take the matter up with an attorney who specializes in consumer rights who will be able to advise you of a possible claim should the collection agent be in violation.
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OldCowboy
Against stupidity the Gods contend in vain.
04:31 PM on 11/18/2011
Three Words: Elect Elizabeth Warren.
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Rob Huggins
03:27 PM on 11/18/2011
These guys get off easy breaking the law every time. People need to put the pressure back on them, ecspecially since every phone call seems to be about someone else's debt. You can make several thousand dollars by suing these companies multiple times if they are pestering you about debt that isn't your own, They have to work within the laws that the government has set and the government doesn't let them collect from anyone other than who owes the money. At minimum, you will receive $1000 and court fees. You can find more information here:
http://www.ehow.com/about_7590286_fair-debt-collection-practices-act.html
08:56 AM on 11/19/2011
there you go another shirker making these people believe they can get something for nothing... the real shame of this is you'll have some weak minded non payer think they really have a chance at doing something like this when really it'll just backfire on them and land them in court.
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Rob Huggins
10:48 AM on 11/19/2011
I'm not talking about people that actually owe the debt. You don't owe the debt if a relative owes the debt though, even if they die. You don't owe the debt if someone with your name owes the debt. You don't owe the debt just by having the same phone number as the person that did. These jerks don't care whether you owe the debt though, if there is anything at all that links you to the person that does, they will pester you non-stop, and that is criminal.

Yes, if you actually owe the debt, and you bring this to court, you have a whole different ball game. You have to prove they used unlawful tactics to try to collect it and that is harder to prove. My personal issue is that more than once I've had debt collectors come after me for other people's debts, and yes, they owed me $1000 for every time they unlawfully tried to collect the debt from the wrong person after I clearly informed them I was the wrong person. That is the law, they need to be less lazy and do their homework a little better and only go after the people that actually owe them money. There are rules about how they can go about that as well, but that gets more complicated, and I'm no expert in that side, so I'll leave people to figure that one out for themselves.
majorwood
My micro-bio is empty, just like my wallet
10:56 AM on 11/19/2011
Actually, he's correct. Debt collectors are not permitted to break the law and if a person catches them doing so that person can sue them for it. It doesn't mean one will make a pile of cash doing so, but you can make the debt go away permanently. I had a crooked debt collector after me for a 12 year old debt that had been payed in full 12 years earlier. They tried to tack on several thousand dollars. I sued them in federal court as a pro se litigant and won. You sound like one of the debt collectors.
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glojet
01:59 PM on 11/18/2011
my good friend cosigned on her sister's education loans with sally mae and when her sister tragically died at 23 before even completing her education, sally mae transferred the entire 40 grand to my friend's sally mae account and charged my friend a 5 thousand dollar transfer fee. now my friend, who is an army reserve, and has a business degree (and excellent credit) can not get a home loan because she is 80 thousand in debt. this is how our young veteran working professionals are treated in this country.
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tenaxproposit
C.U.L.L the herd
03:12 PM on 11/18/2011
That is the student loan biz. it can never be discharged.
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dejapooh
Big Business is a Special Interest
04:05 PM on 11/18/2011
Never EVER Cosign a loan. Sure the situation is bad, terrible, and totally avoidable.