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For The Washington Post
Published on: 03/22/08
One business is going strong in this flagging economy: debt collection.
And with a growing number of collectors chasing down debtors, complaints are also rising about how debts are collected.
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The Better Business Bureau expects the number of collector complaints to rise once 2007 figures are calculated. The trend has been upward in the past few years. In 2006, debt collector complaints were up 21 percent from the previous year, according to Edward Johnson, president and chief executive of the Better Business Bureau in the District of Columbia.
"With the current state of the U.S. economy, we are forecasting an all-time high in the number of complaints against the industry," Johnson said.
Johnson said people have been upset that collectors were contacting neighbors, friends and employers, making disparaging remarks in an effort to shame the debtors into paying up.
"Consumers should accept responsibility for their debts," Johnson said. "However, they do not have to accept abusive collection tactics."
Under the Fair Debt Collection Practices Act, debt collectors are required to treat you fairly and are prohibited from using certain methods.
A federal court recently entered a final order against a Florida debt collection agency that used misleading dunning letters and abusive telephone calls to falsely suggest that consumers would be sued, their property seized and their wages garnisheed if they did not pay money the company said they owed. The collectors were accused of shouting at and using abusive language with debtors.
The case was brought by the FTC, which held that the company violated the Fair Debt Collection Practices Act. The act applies to those who collect on personal, family and household debts, including car loans, mortgages, charge accounts and money owed for medical bills.
Here are some of your rights as outlined by the Better Business Bureau:
• Debt collectors may not contact you at unreasonable times or places unless you agree, or at work if you tell them that your employer disapproves. That means no calls before 8 a.m. or after 9 p.m.
• Collectors generally cannot contact you after you write a letter to the collection agency telling it to stop. The agency may still inform you if the debt collector or creditor intends to take some specific action. And by the way, this letter does not absolve you from the debt. You could still be sued by the collector or the creditor.
• Collectors cannot contact your friends, relatives, employer or others, except to find out where you live and work.
• They can't tell the people they call or contact that you owe money.
• They aren't allowed to harass you. Profane language is forbidden. They can't harass you by inundating you with repeated telephone calls.
• They can't threaten to have money deducted from your paycheck or to sue you, unless the collection agency or creditor actually intends to do so.
Many collectors abide by the law. Many adhere to a code of conduct mandated by ACA International, the Association of Credit and Collection Professionals.
"We do not believe the debt collection industry is out of control," said Rozanne Andersen, executive vice president and general counsel for ACA International.
The industry has a lot of communication with consumers and just a fraction of those dealings lead to discontent, Andersen said. "Our mantra is to treat consumers with integrity and respect."
Michelle Singletary is a financial columnist for The Washington Post. Write her at Michelle Singletary, Buyer's Edge, The Atlanta Journal-Constitution, 72 Marietta St. N.W., Atlanta, GA 30303 or e-mail buyersedge@ajc.com and put "comment for Michelle" in the subject line.
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