Consumerist: “The Softer Side of Sears’ Ruthless Debt Collection
A woman named Amy wrote to Consumerist with her situation, quoted here in part:
I’m so sick of dealing with rude, heartless creditors who wouldn’t care if you were laid off and living under a bridge. They want their money and try to scare you with statements such as “You are forcing us to pursue taking legal action”‘ or “we will turn this matter over to our attorney”.Or they start asking all kinds of questions about how much your mortgage payment, utilities, and car payments are. I even had a rep from Credit Management Services rattle off my and my husband’s SS numbers to me without verifying my identity. All over $300. I had a rep from West Asset Management rag me out for having DSL.
This is exactly the kind of conduct that the Fair Debt Collection Practices Act was enacted to prevent. It isn’t about the debt, it is about treating debtors like people, not dirt. We’re a long way from medieval debtors’ prisons, where debtors would hang baskets out of their jail cell windows, trying to collect enough coins to satisfy their debt and be released.
Among other things, you can sum up conduct the FDCPA prohibits by referencing section 1692(d), which prohibits: “any conduct the natural consequence of which is to harass, oppress, or abuse any person.”
Each violation entitles a debtor to $1,000 or actual damages (which include emotional distress), plus their reasonable attorney fees. Punitive damages are also available. Those are big teeth.
If you are being harassed by a debt collector, start taking detailed notes of phone calls (who, when, how long, and as much detail about the conversation as possible), and check my post on recording phone calls. If recording is allowed where you live, you should record every phone call from or to a debt collector so their FDCPA violations are indisputable.
