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Achieve Security Blog

Monday, March 2, 2009

How to Handle Abusive Debt Collectors


The debt collection industry is one of the most complained-about industries to the Federal Trade Commission (FTC). From 1999 to 2001 ( the latest years available) the debt collection industry was the #1 complained about industry in the USA. This is because, despite the Fair Debt Collection Practices Act, which regulates debt collection activities and behavior, too many debt collectors are poorly trained and informed and work in an industry with a very high turn over rate.

Another reason debt collector’s use abusive and use illegal tactics against debtors is that most debt collectors know they will get away with their illegal tactics and behavior. These are some of the reasons why. (1) most consumers are uninformed about debt collections laws; (2) it’s hard to prove the behavior occurred and it’s hard to prosecute it; and (3) there is a legal loophole in the law that allows debt collection agencies who get into trouble to simply close their current operation and create a new company and identity, and thus avoid any existing injunctions and continue to operate in the same manner.

What should you do if a debt collector is intimidating or harassing you?

Achieve Security will try to help you in several ways that are effective. If you notify us, right away, who called and what number they called you from we will get the proper information over to them that should help slow the calls.

You can also program your phone to forward the calls to our creditor hot line at 630-536-5250. This will re-route all of the calls to us. If you do not have the call forwarding feature on your phone, call your local phone company to inquire about it. It normally is only a couple of dollars each month.

Ultimately you do have the power to make sure they do not tread upon your rights. If you want to follow through with making a complaint we will help you with that.

1) Find out if the collector is violating the FDCPA or your state’s laws. If so, send the collector a certified letter, return receipt requested, telling them that you believe they are in violation of the FDCPA or your state’s laws.
2) You can file a complaint online at http://www.ftc.gov/ The FTC is the body in charge or regulating debt collection agencies. They will sanction the collection agency if it receives enough complaints from consumers
3) You can also gather evidence by recording phone conversation with the debt collection agency. If you can prove the debt collector used illegal tactics you can sue for damages under the FDCPA
Achieve security provides you a copy of the FDCPA on our newsletter each month. You can also find other information on our blog each week at our home page http://www.achievesecurity.com/

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