Opinion On Questionable
Debt Collection Practices

by Demetrius
(Boston, MA, )

The informative story by the Cherokee Phoenix titled "Debt Collection 101: Know The Law" at:
http://www.cherokeephoenix.org/20828/Article.aspx is just another reminder of the questionable tactics that debt collection agencies will use to extract money from consumers who are struggling to pay their bills.

The Federal Debt Collection Practices Act (FDCPA) does protect people from unethical collection methods. However, if a debt collector calls before 8am or after 9pm, then consumers must take the initiative and save voice mail messages that are date and time-stamped.

They could also request a log from the phone company for incoming calls that will enable them to document a pattern of harassment. Sending a cease and desist certified letter to the collection agencies, as the article suggests, will normally get their attention.

The FDCPA, when combined with existing state laws governing acceptable collection activities, not only provides adequate protection to consumers, but empowers them to exercise their rights and if necessary, seek damages in court.

Additionally, if you live in a state where conversations can be recorded without the consent of both parties, then this option may be helpful in building a case against a collection agency. There are also many debt collection law firms on the Internet that will review a consumer's case for free, offer guidance or refer you to qualified and experienced lawyers.

These attorneys will normally sue collectors on your behalf without a retainer, and in many cases secure settlements that include their fee.

The best defense for consumers is to educate themselves on the FDCPA and research state laws that regulate debt collectors. In my opinion, filing a complaint with your state's Attorney Generals Office (http://www.naag.org) and the FTC (https://www.ftccomplaintassistant.gov/) will go a long way in placing these companies on the government's radar for possible future prosecution.