Can you file a complaint against a collection agency?

Question

For example, calling constantly, getting into extremely personal business (one asked what kind of example we were setting for our kids by not paying this bill) and being overly rude? Today, a collector from the same company as all of the complaints above said "Why the hell did you answer your phone then?" when my husband said he was at work and could not really talk. Is there anything we can do? we've tried setting up payment arrangements and they've demanded for payment all at once and we simply don't have the money for that. This is in Texas

Answer 1

Yes, Tell them that you can not take personal calls at work and they can not call you ever again at work since it interferes with your job. All you have to do is hang up the phone one you know it is them. My boss went through the same thing when he divorced his wife. All of the creidtors were calling for credit cards that she owed. He simply hung up the phone.

At worst you can change your number.

Answer 2

I've helped a lot of people fight with collection agents, and filed a number of FDCA lawsuits.

Acermill is pretty much correct. If you say is fairly accurate, they haven't broken the law (yet). Cali posted the law for you in a previous message, so your first job is to read and study it.

Don't waste your time writing the FTC, FCC, FBI, CIA or any other government agency, as they do not assist you with any civil remedies. The FTC and Attorney Generals office will track complaints, but won't step in unless there is a lot of complaint.

So what can you do to fight these guys?

1) You need to know the laws! In Texas, are you aware that they can not garnish wages? If this company were to sue you, they would need to locate property, or find your bank accounts. It's not easy for creditors to collect....that's why they choose to harrass you. Trust me, you haven't seen anything yet!

2) The Fair Debt Collections Act states that if you send these guys a certified letter/return receipt, and state that they are not to call you at home or work, or call your friends or relatives, they must cease. You can also include mail correspondence too, but in come cases if they can't contact you at all, they may just file a lawsuit. But at least sending them a Cease and Desist letter will stop the phone calls and harassment.

Remember, the reason collection agents get away with what they are doing is because most people do not know their legal rights. Once you show them you do, they will behave.

Answer 3

Yes, under the FDCPA there are laws that govern collections agencies and their practices. Go to http:/www.ftc.gov and you can get a whole run down on what they can and can not do. Not only that, send them a cease and desist letter via certified mail asking them not to contact you anymore. Although they can still report the debt to the credit bureaus, you can stop the collection calls dead in their tracks. Hope this helps! I almost forgot, when it comes to collections, according to the FDCPA, rudeness ( like verbal abuse, threats, etc. ), harassment, and improper collection tactics are AGAINST THE LAW and they can be sued for violating any of the laws outlined in the FDCPA. I know this because I own and operate a credit repair company.

Answer 4

You can report them, if you wish, but nothing will be done. They haven't broken any laws thus far.

Sorry to tell you this, but rudeness and pushiness isn't against the law. It's boorish behavior, but not illegal behavior.

You are experiencing what nearly everyone who is hounded by a collector goes through.

Answer 5

You can file complaints through either the attourney general of your state or the FTC, if it involves profanity the FCC, if it involves threats of personal injury you can file through your local police department. KNOW YOUR RIGHTS:

http://www.fair-debt-collection.com/fair-debt-act.html

second know your state laws about whats creditors can and cant do to collect the debt through the legal process:

http://www.fair-debt-collection.com/state-wage-garnishments.html#44

http://www.assetprotectionbook.com/texas.htm

Answer 6

Yes, file with the FTC, you local BBB, your AG and the AG of the state the collector is in and their BBB

Answer 7

after sending those letters send copies along with your complaint to your state att. general the ftc and the bbb.

Answer 8

you can file harassment charges if they continue to call after you tell them to stop. Put it in writing though.

Answer 9

You can file a complaint online with the Federal Trade Commission. That collection company is definately violating the Fair Debt Collection Practices Act. Here is the link:

https://rn.ftc.gov/pls/dod/wsolcq$.startup?Z_ORG_CODE=PU01

Also, here is the link referencing the FDCPA:

http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm

Here is a portion of what is contained in the link above:


§ 806. Harassment or abuse [15 USC 1692d]

A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(1) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person.

(2) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.

(3) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 603(f) or 604(3)1 of this Act.

(4) The advertisement for sale of any debt to coerce payment of the debt.

(5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.

(6) Except as provided in section 804, the placement of telephone calls without meaningful disclosure of the caller's identity.

§ 807. False or misleading representations [15 USC 1692e]

A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(1) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.

(2) The false representation of --

(A) the character, amount, or legal status of any debt; or

(B) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.

(3) The false representation or implication that any individual is an attorney or that any communication is from an attorney.

(4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.

(5) The threat to take any action that cannot legally be taken or that is not intended to be taken.

(6) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to --

(A) lose any claim or defense to payment of the debt; or

(B) become subject to any practice prohibited by this title.

(7) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer.

(8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.

(9) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval.

(10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.

(11) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.

(12) The false representation or implication that accounts have been turned over to innocent purchasers for value.

(13) The false representation or implication that documents are legal process.

(14) The use of any business, company, or organization name other than the true name of the debt collector's business, company, or organization.

(15) The false representation or implication that documents are not legal process forms or do not require action by the consumer.

(16) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 603(f) of this Act.

§ 808. Unfair practices [15 USC 1692f]

A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.

(2) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collector's intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit.

(3) The solicitation by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution.

(4) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument.

(5) Causing charges to be made to any person for communications by concealment of the true propose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees.

(6) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if --

(A) there is no present right to possession of the property claimed as collateral through an enforceable security interest;

(B) there is no present intention to take possession of the property; or

(C) the property is exempt by law from such dispossession or disablement.

(7) Communicating with a consumer regarding a debt by post card.

(8) Using any language or symbol, other than the debt collector's address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business.

§ 809. Validation of debts [15 USC 1692g]

(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

(c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.