Last month we talked about Capital One and their aggressive methods of collecting debt. Sometimes it was illegal for Capital One to be seeking the debt, other times it was just harassment on the part of the company. In most of those Capital One complaints, though, the debtor was being wrongfully pursued by the company.
Now there is statistical proof that such illegal tactics are on a rampant rise in the country. The Federal Trade Commission says that over 140,000 complaints were filed by consumers regarding debt collection, the highest volume of complaints for any industry. The numbers reflect complaints in 2010 which year-over-year jumped 17%. For those seeking debt relief, this is distressing news - but there is a law in place to protect debtors from collection harassment.
The Fair Debt Collection Practices Act protects consumers from a wide range of abusive practices employed by debt collectors. Among the banned practices are continuous or repetitive engagement in telephone conversation, calling debtors when they are represented by an attorney, misrepresenting the debt owed and seeking unjustified amounts of debt.
The FTC's report states that about half of the complaints were made because debtors were repeatedly being harassed with phone calls, while another frequent complaint was in regards to debt collectors requesting discharged debt or fabricating debt. Both of these scenarios qualify as abusive practices under the FDCPA.
While many are properly seeking debt relief in these tough economic times, this report highlights that debtors need to know their rights when engaging with debt collectors. Securing an attorney not only provides you with a source of legal information so that you can build your case against an abusive collector, but it also prevents harassment from collectors under the FDCPA.
When collectors aggressively pursue debt, consult an experienced bankruptcy lawyer so you can spare yourself endless harassment. With the support of a legal representative, you can come to the best legal solution for you and protect your finances.
Source: St. Louis Post-Dispatch, "Complaints about aggressive debt collectors on rise," Kavita Kumar, Jan. 15, 2012
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