Quote:
Originally Posted by freemkt
Student loan collectors feel empowered, maybe superpowered because Congress gave them more power than ordinary bill collectors.
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The number of claims filed in federal courts (and also State courts) against student loan debt collectors supports your premise.
Quote:
Originally Posted by freemkt
Which means people with poverty-level incomes are collectable. They can be abusive and you can't stop them unless perhaps they go way over the line.
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Quote:
Originally Posted by charolastra00
Debt collectors can be ruthless. There was a screw up with my insurance where because of a mistake on the hospital's billing side, my insurance denied a claim. I only found out about 8 months after the fact when collections called me because the hospital input my new address wrong into the system. All bills went to this wrong new address and I was never contacted by phone.
I made the mistake of mentioning that I had just ended treatment for cancer to the debt collector, trying to explain that I had a lot of medical bills and that's why I was unsure of where this bill was coming from. The man on the other end of the phone told me it would have been better for everyone if I had just died and they would have gone after my "measly estate".
This was on FIRST CONTACT. I managed to straighten it out with the hospital but the conversation was incredibly traumatic and completely unnecessary. I don't know about anyone else, but those sorts of tactics don't exactly inspire me to pay up.
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They can't be
that abusive.
That's why I posted parts of
Caputo v Professional Services so that people could see first hand where the line is drawn.
You're looking violations of the Fair Debt Collection Practices Act under
15 USC 1692d(2): engaging in conduct and used language the natural consequence of which was to harass, oppress or abuse the plaintiff in violation
15 USC 1692e(2)(A): using any false, deceptive, or misleading misrepresentation or means in connection with the collection of a debt
15 USC 1692e(2)(B): making false representations of any compensation which may be lawfully received by any debt collector for the collection of a debt
15 USC 1692e (3): making false representations or implications that any individual is an attorney or that any communication is from an attorney
15 USC 1692e(4): making representations or implications that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person
15 USC 1692e(5): threatening to take any action that cannot legally be taken or that is not intended to be taken
15 USC 1692e(7): making false representations or implications that the plaintiff committed any crime or other conduct in order to disgrace the consumer
15 USC 1692e(8): communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed
15 USC 1692e (10): making false representation or used deceptive means to collect or attempt to collect any debt or to obtain information
15 USC 1692g(b): failing to cease collection of the alleged debt after it was notified by the plaintiff that disputed the alleged debt
In Ohio, that would be worth $1,000 under the FDCPA, plus $2,000 under the Ohio Consumer Sales Protection Act, plus punitive damages.
And your attorney is free --- the FDCPA requires the debt collector to pay all court costs and [reasonable] attorney fees.
By the way, any attempt to collect a debt that is beyond the Statute of Limitations or Repose violates the FDCPA. That's a quick and easy $1,000.
Just so you know....
Mircea
Quote:
Originally Posted by nicet4
Every time I see a "disabled vet" with a "homeless" sign collecting money in a coffee can I want to puke.
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Me too, but that's because they are either not a veteran, or not disabled, and if they are veteran and they are "homeless" (snicker) it's because they want to be "homeless" (snicker) and I usually give them the California Hello or a snappy one-liner.
Gagging...
Mircea
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