What would it feel like to have your wages garnished for a debt that you didn’t even owe? This unfortunate scenario happened two times to a New Mexico woman who had no connection to the Target Bank account or to the collectors employed by Target. Cases like this are becoming more common as the debt buying industry has grown by leaps and bounds since the 1980’s. Now the combination of technology and large debt buyer firms has created a profitable industry that also holds the record for highest industry complaints logged with the Federal Trade Commission. The government does not have the resources to respond to all the complaints it receives but luckily there are consumer protection statutes in the Fair Debt Collection Practices Act that can help consumers fight back against collection bullies.
Lucinda Yazzie had the unfortunate experience of receiving some calls from bill collectors claiming she owed a late balance on a Target card. She told the collectors there was another person living in the same area as her with the same name, and the debt was not hers. Even though the debt collection agency had been informed, the representative followed up with a garnishment order. The garnishment was stopped after it was determined this was a case of mistaken identity. Two years later however the same debt collection firm filed suit again and got another garnishment order against Yazzie. The order was not lifted until the point in time when she filed a lawsuit of her own for violations against the FDCPA rules and guidelines.
By the time everything was over, she had been awarded $1,260,000 in the settlement of her lawsuit. This award is larger than usual for this type of case. Lucina Yazzie took action to hold collection agency accountable; however most all people do not defend themselves against an industry that is well funded and made up of motivated operators who are always being pushed to their max on boiler room floors.
The savings and loan crisis of the 1980’s lead to the creation of the debt buying and 3rd party debt collection industries. After dealing with Savings and Loan assets the debt buying and collection industry known by insiders as the “Adjustable Receivables Management” industry, branched out into credit card and other consumer debts.
Until the recession in 2008 debt buyers and collectors grew slowly but steadily, and then analysts predicted an increase in the business. As anticipated by those in the know, complainants numbered around 100,000 in 2007. That figure jumped to 130,000 in 2009. Aggressive tactics ignoring legal boundaries, use of technology to enhance calls to consumers and increased use of local courts to sue for delinquent credit card debts are the leading factors which are contributing to the rise in complaints
Creditors are required to hire collection agencies with a qualified attorney in the same state as the one who owes the debt, however the empty threat of “legal action” is a favorite among bill collectors. If the collector doesn’t have the immediate means and intentions to take legal action on a debt, this could be a violation of the Fair Debt Collection Practices Act.
Against a creditor’s lawsuit the fact remains that most people do not show up to defend when summoned to court yet a recent study showed that many of the respondents who did not show up for the hearing ended up having the cases dismissed. The study also states that the most important thing a consumer can do if sued by a creditor is to respond through the court system within the time allowed even if the debt is not theirs.
The courts are rejecting the legal actions of a lot of creditors, which shows that they are often unable to follow through with their threats. In 2010, this industry has experienced a 58% growth in its yearly profits. Aggression can be an advantage in spite of laws being disobeyed.
To defend themselves against non compliant debt collectors, the Federal trade commission urges consumers to use the provisions under the Fair debt collections practices act The FDCPA was enacted after an intense partisan debate in Congress in 1977 and barely passed similar to the legislative environment of today. However Congress ultimately realized that there was a need to protect people from all parts of society against abusive debt collection practices that were also rampant in the Seventies. That need still exists today.
In a CNN Money article the owner of a debt collection company notes that “It’s harder to get rid of debt these days.” For a large number of U.S. citizens, long-term indebtedness is unavoidable. Fortunately there are Certified Debt Specialists who have experience talking to hundreds of bill collectors. These people are professionals and are aware of the ins and outs of the system. More and more creditors are realizing the need for certified specialists with advanced technology to help as a negotiator with large debt collection companies that just keep get bigger and bigger.