Debt Collectors Caught Breaking the Law
Many People Don't Know Rights When Hounded By Collection Agencies
JACKSONVILLE, Fla. -- In a tough economy, more people are out of work and having trouble paying their bills, but not many people know their rights when it comes to being hounded by collection agencies.
Debt collectors don't always follow the law. The law is very specific about what they can and cannot do. It's detailed in the Fair Debt Collection Practices Act.
Even though all collection agencies should know the law, recordings left on answering machines of collectors show they are crossing the line.
A message left on one local man's answering machine by a Jacksonville debt collector was laced with more than just profanity.
"Mr. -----, this is Mickey. When I see you I am going to (expletive) you up," the collector says in a phone message. "I want my money and I want it now. My name is Mickey. I'm with Jacksonville ------. When I see you I will (expletive) you up. ... I need my money. I will find your sister, your daughter, whoever Ms. Deborah (expletive) is, but I will find her and I will find you and I will (expletive) you up. Goodbye."
Tom Stephens, with the Better Business Bureau, said not only is it breaking the law for debt collectors to curse or use vulgar language, but they cannot threaten to hurt someone either.
"A debt collector cannot use profanity to collect a debt," Stephens said. "They cannot threaten, 'We know where you live, we'll look you up.'"
That includes not being able to threaten to garnish your wages, foreclose on your house or threaten to arrest you.
But those threats happen all the time.
"It's a tactic that's effective, but it's illegal," Stephens said.
It's also illegal for debt collectors to harass you, like by calling you nonstop.
One debt collector called four times in a matter of just a couple of hours.
"Cupcake, I am like right now climbing into your family background," the debt collector said in a phone message. "I'm going to dig so deep up yours, you're going to wonder why you didn't do the right thing holding on to this vehicle making blank promises and trying to use me to do it. But that's OK. ... You're just another (expletive) (expletive). Have a nice evening."
What many people don't realize is that you can make the calls stop.
"The law says if you write them a letter and tell them to stop calling you, then they can no longer call you," Stephens said.
It's illegal for them to call you again and ask you for money. It's also against the law to call you if you told them in writing that you've hired an attorney.
Debt collectors cannot imply they are an attorney, police officer or representative of any governmental agency.
Debt collection harassment seems to have become so common that the law firm Morgan and Morgan is now going after abusive agents.
Diane Mcleod, who has hired Morgan and Morgan, said her husband died from the stress of receiving call after call from a debt collector when he fell behind on their mortgage.
"They humiliated him, harassed him, and they didn't care," Mcleod said.
When a collection agent was told Mcleod's husband, Stanley, was rushed to a hospital by helicopter for a massive heartache, the agent responded, "Stanley Mcleod, it's time to get that helicopter to bring you here."
"It's time to fight back and make banks and debt collectors responsible for their conduct," said Bill Howard, with Morgan and Morgan.
One way you can do that is to know your rights, what's legal and what's not.
The final four ways debt collectors break the law are when they don't identify themselves and who they're with, when they try to collect more than what's owed, when they call you after 9 p.m. and before 8 a.m., and when they call your boss or threaten to call your boss before a final judgment is issued in a court of law.
Debt Collectors Caught Breaking Law - Jacksonville News Story - WJXT Jacksonville
Many People Don't Know Rights When Hounded By Collection Agencies
JACKSONVILLE, Fla. -- In a tough economy, more people are out of work and having trouble paying their bills, but not many people know their rights when it comes to being hounded by collection agencies.
Debt collectors don't always follow the law. The law is very specific about what they can and cannot do. It's detailed in the Fair Debt Collection Practices Act.
Even though all collection agencies should know the law, recordings left on answering machines of collectors show they are crossing the line.
A message left on one local man's answering machine by a Jacksonville debt collector was laced with more than just profanity.
"Mr. -----, this is Mickey. When I see you I am going to (expletive) you up," the collector says in a phone message. "I want my money and I want it now. My name is Mickey. I'm with Jacksonville ------. When I see you I will (expletive) you up. ... I need my money. I will find your sister, your daughter, whoever Ms. Deborah (expletive) is, but I will find her and I will find you and I will (expletive) you up. Goodbye."
Tom Stephens, with the Better Business Bureau, said not only is it breaking the law for debt collectors to curse or use vulgar language, but they cannot threaten to hurt someone either.
"A debt collector cannot use profanity to collect a debt," Stephens said. "They cannot threaten, 'We know where you live, we'll look you up.'"
That includes not being able to threaten to garnish your wages, foreclose on your house or threaten to arrest you.
But those threats happen all the time.
"It's a tactic that's effective, but it's illegal," Stephens said.
It's also illegal for debt collectors to harass you, like by calling you nonstop.
One debt collector called four times in a matter of just a couple of hours.
"Cupcake, I am like right now climbing into your family background," the debt collector said in a phone message. "I'm going to dig so deep up yours, you're going to wonder why you didn't do the right thing holding on to this vehicle making blank promises and trying to use me to do it. But that's OK. ... You're just another (expletive) (expletive). Have a nice evening."
What many people don't realize is that you can make the calls stop.
"The law says if you write them a letter and tell them to stop calling you, then they can no longer call you," Stephens said.
It's illegal for them to call you again and ask you for money. It's also against the law to call you if you told them in writing that you've hired an attorney.
Debt collectors cannot imply they are an attorney, police officer or representative of any governmental agency.
Debt collection harassment seems to have become so common that the law firm Morgan and Morgan is now going after abusive agents.
Diane Mcleod, who has hired Morgan and Morgan, said her husband died from the stress of receiving call after call from a debt collector when he fell behind on their mortgage.
"They humiliated him, harassed him, and they didn't care," Mcleod said.
When a collection agent was told Mcleod's husband, Stanley, was rushed to a hospital by helicopter for a massive heartache, the agent responded, "Stanley Mcleod, it's time to get that helicopter to bring you here."
"It's time to fight back and make banks and debt collectors responsible for their conduct," said Bill Howard, with Morgan and Morgan.
One way you can do that is to know your rights, what's legal and what's not.
The final four ways debt collectors break the law are when they don't identify themselves and who they're with, when they try to collect more than what's owed, when they call you after 9 p.m. and before 8 a.m., and when they call your boss or threaten to call your boss before a final judgment is issued in a court of law.
Debt Collectors Caught Breaking Law - Jacksonville News Story - WJXT Jacksonville