Debt Collectors Place Blame
of
Harassing Consumers
On Creditors
Many Debt Collection Companies Are Now Crying, "It's
Not Our Fault!"
Some debt collectors (correction, many debt collectors) have
made the debt industry become a haven for swindlers, liars, con
artists and thugs. In many cases, the tactics they employ are
in clear violation of both state laws and the Fair Debt Collection
Practices Act. When debt collectors get caught, what do
they do? They place the blame for their violations on the
creditors! How about that folks? Isn’t that just like a
criminal caught in the act of committing a crime? One such debt
collector was caught red handed and held accountable because
one consumer refused to be pushed around, intimidated and
browbeat.
Debt Collectors Cannot Shift Blame of Their Illegal
Conduct On Creditors
It was a ruling that
reverberated throughout the debt industry and a major win for
consumers. Debt collectors beware. Consumers are fighting back!
Fed up with being harassed by debt collectors? Had it with the
illegal tricks debt collection
companies employ. Wished that you had some type of rights when
it comes to the debts that you owe or the ones they allege you
owe but you don’t?
Well you do have rights afforded to you by the (FDCPA) Fair
Debt Collection Practices Act. When a debt collection company
or debt collector crosses the line and violates the FDCPA, they
now become liable to you. DO NOT let them off the hook. Suing
them levels the playing field and sends a notice to other debt
collectors that they are going to have to abide by the Fair
Debt Collection Practices Act if they want to stay in
business.
Even when they are caught red handed, debt collectors are
attempting to dodge the consequences by blaming their
infractions on the creditors who hired them. It just goes to
show how low they are willing to go, to keep their sacred cash
cow. Why would a sane person smite that hands that are feeding
it? That’s exactly what debt collectors do when they get caught
and place the blame on the creditors. If they are willing to
take that intolerable step, you know they will lie to you, lie
on you and lie about you! Read this press release on the
debt collector, National Credit Systems Inc.
###
In a ruling that could help consumers nationwide, a federal
appeals court has ruled that debt collection agencies can’t
shirk responsibility for abuses by blaming the abuse on
creditors. In an opinion written by Judge Mary Schroeder, the
U.S. Court of Appeals for the Ninth Circuit ruled that the
federal Fair Debt Collection Practices Act requires debt
collectors to prove that they have used detailed procedures to
ensure that they do not take actions that are prohibited by the
act, such as harassing consumers, overbilling or making
deceptive statements. The court added:
A debt collector is not entitled to just sit back and wait
until a creditor makes a mistake and then institute procedures
to prevent an occurrence.
The case involved an Arizona resident who was contacted by a
debt collector about an outstanding bill from his old apartment
complex. The debt collector, National Credit Systems Inc., had
tacked on charges for “attorney’s fees,” but couldn’t explain
where the charges came from. (Please note: this is a common
practice amongst debt collectors. They tack on illegal charges
and fees; knowing the average person is not going to check the
math. The percentage of people who pay without asking or
checking is astounding. In most cases, its worth it for debt
collection companies to take the risks because up to now, only
a small fraction of people have stepped up the plate and sued
them.) The collection agency claimed that it had overlooked the
error because the landlord-creditor had always provided
accurate information in the past. The court rejected that
defense, holding that debt collectors must show detailed
preventive procedures to escape liability for their actions.
Deepak Gupta, a lawyer for Public Citizen who argued the case,
says:
The court’s ruling will compel debt collectors to police
themselves more effectively. The ruling is very significant at
a time in which increasing numbers of Americans are being
contacted by debt collectors and abuses are on the rise.
This is another example of how Public Citizen works to
protect ordinary citizens. This was a significant ruling by the
court and Public Citizen is to be commended for filing the
suit.
###
Ok folks, I’ve said it before and I’m saying it again; when
debt collectors attempt to violate your rights by not adhering
to your state's
debt collection laws and the (FDCPA) Fair Debt Collection
Practices Act, you need to sue them! I repeat, do not let them
off the hook; they certainly are not going to let you off the
hook.
Joel Marks has been helping people get
out of debt and avoid both bankruptcy and foreclosure for over
fifteen years. Utilizing savvy debt counseling, debt management
programs, Federal laws and a team of attorneys, debt counselors
and advisors, he has quietly assisted thousands come from under
the heavy burden debt.
Source: http://debterasure.com/
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