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Debt Collectors Sneaking Robocall Exemptions Into Budget Bill

TCPALaw writes: Hate robocalls? In July, the FCC tightened the rules regarding robocalls to cell phones, especially debt collection calls (in particular limiting calls to wrong numbers or to anyone who is not the debtor). Now the debt collection industry is getting their revenge by sneaking in a massive exemption (see section 301 on page 10 to the PDF) to the the FCC's rules that would expressly permit debt collection robocalls to cell phones (and even collect calls!) for student loans, mortgages, taxes, and any other debt owed or guaranteed by the government. Time to make a few phone calls myself to some senators. The Senate switchboard is (202) 224-3121 or go to senate.gov to find the number for your senators. This may come up for a vote in 24 hours or less.

34 of 216 comments (clear)

  1. Don't answer your phone by kheldan · · Score: 4, Insightful

    Just don't answer your phone for any number that you don't recognize; if it's really important they'll leave a voicemail message. Debt collectors and scumbags don't leave messages, typically; there, problem solved.

    --
    Are YOU using the TOOL, or is the TOOL using YOU? Think about it!
    1. Re:Don't answer your phone by Skater · · Score: 3, Insightful

      Yes, they do. We get a message at least weekly for the former residents of our house, trying to collect various debts. Note, I've lived there over 9 years and we still get those calls. It's basically harassment, but there isn't much I can do because it's a bunch of different debt collectors, rather than just one company.

    2. Re:Don't answer your phone by Anonymous Coward · · Score: 3, Insightful

      Yes you can do something. Just start invoicing them for your time. If they pay, fine. If they don't, sell the debt to another debt collector.

    3. Re:Don't answer your phone by Anonymous Coward · · Score: 2, Informative

      The Fair Debt Collections Practices Act allows statutory damages. Follow the rules, sue them in small claims, and then collect when they either default or the attorney settles as it is more of a hassle to show up. Collecting can be fun in its own way as well. I helped a guy who had the collectors dodge him for weeks, so we showed up at the office with a truck and started taking office furniture and anything else we could find.

    4. Re:Don't answer your phone by __aaclcg7560 · · Score: 4, Informative

      Someone did that to a local bank. Won a default judgment, called the sheriff department and news media, and shut down the branch office for a day. Under the law, he was entitled to the cash in the drawers and anything else he could carried out to satisfy the debt. The bank quickly settled as the one day closure and bad publicity cost them too much..

    5. Re:Don't answer your phone by Actually,+I+do+RTFA · · Score: 2

      As long as you never have an emergency or something like that, that requires someone to reach out to you.

      --
      Your ad here. Ask me how!
    6. Re:Don't answer your phone by dj245 · · Score: 4, Interesting

      Yes, they do. We get a message at least weekly for the former residents of our house, trying to collect various debts. Note, I've lived there over 9 years and we still get those calls. It's basically harassment, but there isn't much I can do because it's a bunch of different debt collectors, rather than just one company.

      You can prepare a standard form letter and send it to every debt collector which calls. You can use this one-

      I am writing in response to your letter or phone call dated (DATE). I do not believe that I owe this debt or what you say I owe.

      Pursuant to the Fair Debt Collection Practices Act, Section 809(b), Validating Debts:
      “If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.”

      I respectfully request that you provide me with the following:
      1. The amount of the debt;
      2. The name of the creditor to whom the debt is owed;
      3. Verification or copy of any judgment (if applicable);
      4. Proof that you are licensed to collect debts in the state of [STATE] 5. Proof of the last payment made on the account.

      I am asserting my rights under the federal and state Fair Debt Collection Practices Acts and the Fair Credit Reporting Act, including these rights:
      Because I have disputed this debt in writing within 30 days of receipt of your initial notice, you must obtain verification of the debt or a copy of the judgment against me and mail these items to me at your expense.
      You cannot add interest or fees except those allowed by the original contract or state law.
      Any attempt to collect this debt without validating it violates the FDCPA.

      Also be advised that I am keeping accurate records of all correspondence from you and your company, including recording all phone calls, and I will not hesitate to report violations of the law to my State Attorney General, the Federal Trade Commission and the Better Business Bureau.

      I have disputed this debt. Therefore, until it is validated, your information concerning this debt is assumed to be inaccurate. Accordingly, if you have already reported this debt to any credit-reporting agency (CRA) or Credit Bureau (CB), then you must immediately inform them of my dispute with this debt. Reporting information that you know to be inaccurate or failing to report information correctly violates the Fair Credit Reporting Act 1681s-2. Should you pursue a judgment without validating this debt, I will inform the judge and request that the case be dismissed based on your failure to comply with the FDCPA.

      Finally, if you do not own this debt, I demand that you immediately send a copy of this dispute letter to the original creditor so they are also aware that I dispute the debt.

      Sincerely,
      [Your Name]

      If they contact you again after receiving such a letter, even once, you can sue them. Up to $1000 per incident. Plus they would have to pay big fines $50-100k to the government as well. It's enough of a deterrent that I have never been contacted again after sending such a letter.

      --
      Even those who arrange and design shrubberies are under considerable economic stress at this period in history.
    7. Re:Don't answer your phone by JimSadler · · Score: 2

      Yes that bank was located in Palm Beach Florida. The bank ignored a summary judgement from the court and the individual showed up with the Sheriffs office in tow. All of a sudden the bank was able to pay the money that they claimed they could not pay that same day. The sheriff gave the bank one hour to either pay or turn over the keys to the bank to the lady. They were not going to allow the bank to move the cash or anything else out of that bank. The lady was owed a small sum due to a bank error and the bank refused to give her her money back. It was roughly $1,500 dollars. That lady could have kept that bank sealed or sold off the contents of the bank easily. I do wonder about the status of the cash and safe deposit boxes inside.

    8. Re:Don't answer your phone by thegarbz · · Score: 2

      Statistically you never will.

      Spoken like someone who doesn't have kids. Or close friends for that matter.

      "Statistically" I've lost count of the number of times I, or my sister, or one of our friends ended up stuck somewhere without our phone, calling from a friend's or kind stranger's phone because god knows you can't find public phones anymore.

      And shit this was before the days of phones with batteries that go flat by lunchtime (only a slight exaggeration).

  2. Well that's just ducky. by bmo · · Score: 2

    Request unable to be completed.

    The submitted https request was not able to be completed at this time.
    Please retry your request using http. This may require disabling some browser based plug-ins.

    http://www.senate.gov/

    Of course...

    --
    BMO

  3. Re:GOOD! by Xenx · · Score: 3, Insightful

    This isn't about debt collector calls as a whole, but robocalls. Robocalls are terrible. Debt collector calls might be annoying, but that's the cost of not paying on time.

  4. Re:GOOD! by interval1066 · · Score: 4, Insightful

    People running away from their debt, this is why the country goes to shit.

    No. I don't think that's a leading factor. Debt collectors not following the rules, that's not a reason for the country "going to shit either", but it doesn't help.

    --
    Python: 'And then suddenly you have a language which says "we're all stuck with whatever the whiniest coder wants".'
  5. Re:GOOD! by interval1066 · · Score: 2

    If you truly understood how debt collection really works, you might not be so passé about it.

    --
    Python: 'And then suddenly you have a language which says "we're all stuck with whatever the whiniest coder wants".'
  6. Debt collectors don't like robo calls either... by __aaclcg7560 · · Score: 4, Interesting

    After I was out of work for two years (2009-2010), and preparing to file for Chapter 7 bankruptcy in 2011, a debt collector got nasty by ignoring my letter not to call and kept calling me. So I decided to play hardball. I kept hitting redial to tie up his phone line until he agreed to talk to me. After ten hang ups in five minutes, he finally gave in and stopped calling me.

    1. Re:Debt collectors don't like robo calls either... by mlw4428 · · Score: 3, Informative

      You sound like a moron. He filed for bankruptcy. By federal law collection efforts have to stop during the proceedings. Collections companies do not trump the law.

    2. Re:Debt collectors don't like robo calls either... by PPH · · Score: 2

      Preparing to file for bankruptcy

      Like contacting those credit counseling services for help. Just a front for the credit industry to collect intelligence on who might be ready to fall over the edge. These are the people that get put into the 'special emphasis' database.

      --
      Have gnu, will travel.
  7. Get government out of the loan-business by mi · · Score: 2

    and any other debt owed or guaranteed by the government

    Very simple solution — get the government out of the loans-business altogether. Why it got there in the first place is, sort of, a mystery...

    --
    In Soviet Washington the swamp drains you.
  8. But what if it isn't my debt? by Sycraft-fu · · Score: 2

    I've gotten a lot of debt collection calls, at work and at home. Thing is, they've never been for me. I have never defaulted on any debt in my life. Yet these people would call and call trying to get a hold of someone else. Telling them "That's not me, you have the wrong number," didn't work.

    So what is the solution?

  9. Re:we're at the tipping point of Civilization by MitchDev · · Score: 2

    They learn from the one percenters and business owners.

    Build up lots of debt, declare bankruptcy after stripping everything of value, then keep going like nothing happened.

  10. Re:we're at the tipping point of Civilization by __aaclcg7560 · · Score: 2, Insightful

    Business bankruptcy is different than personal bankruptcy. You may have heard that Donald Trump filed bankruptcy four times. Those were business bankruptcies. He was on the hook for the first bankruptcy only because he personally guaranteed something. After that, he never personally guarantee anything again.

  11. I won't be calling my Senator. by hey! · · Score: 2

    I think Elizabeth Warren and Ed Markey have already got the memo, seeing as they were the ones that originally sent it.

    --
    Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
  12. Re:GOOD! by Anonymous Coward · · Score: 3, Informative

    Evidently you never had someone make a purchase in your name without you knowing and then ignoring you when you tell them you didn't make it or in my case.....

    Someone purchase something online and just happen to give them a random phone number that ends up being yours so you end up telling them 50 times that the person they are looking for doesn't live there, you never met them before, you don't know them and you didn't purchase anything.

  13. "no" once should suffice. by Thud457 · · Score: 5, Insightful

    Then they just randomly call looking for people that aren't you.
    And don't accept your word that you aren't them, don't know them, and have no responsibilities for their bad debts.
    And keep calling back.

    --

    the preceding comment is my own and in no way reflects the opinion of the Joint Chiefs of Staff

  14. Ah that's where you are wrong by AF_Cheddar_Head · · Score: 4, Interesting

    For Instance:
    - Be in the Military
    - Get injured on the job, maybe fall and break four ribs in your back, just supposing here
    - Go to a civilian hospital that has agreed to accept the military payment as payment in full, any hospital that accepts Medicare has to
    - Go about your life getting stationed overseas
    - Return to the States after 5 years and try to buy and house and discover the that Hospital fucked up and marked the bill as unpaid, turned it over to a bill collector and not only can you not get approved to buy the house the damn bill collector starts harassing you and your wife with phone calls day and night.
    - Hospital finally admits bill was in error but sorry they sold it to the bill collector so not their problem and the damn bill collector ain't gonna stop calling

    Now tell me how paying my bills kept the calls away???

    1. Re:Ah that's where you are wrong by GLMDesigns · · Score: 4, Informative

      There are a whole slew of actions. They do require a little effort though.

      Write a physical letter to the hospital.
      If no response a week later. Call.
      If no response from calls and follow ups then
      ---- Send it certified (you will get a response).

      Send response to credit agencies and bill collection agency.
      Ask collection agency for a letter of clearance.
      If no response send it certified.
      If no response it doesn't matter if it's cleared from credit reports.
      However if it isn't removed by the collection agencies OR you insist on complete closure and the collection agency doesn't respond the go and file a small claims suit. You WILL get a response. If you are in the right it WILL be dismissed.

      Cost: Time and effort and perhaps some money ($4.00 for each certified letter and $20.00 or so for the small claims court filing).

      Is it a pain-in-the-a$$? Yes.

      --
      If you're scared of your govt then you need to further restrict its powers
      Vote 3rd Party in 2016 and beyond
    2. Re:Ah that's where you are wrong by interval1066 · · Score: 3, Insightful

      Here's a true story: my girlfriend has bought into one of those worthless LifeLock plans. Feels secure, and has sterling credit (over 800 score). Through some small-time credit transactions finds out that some guy with a Hispanic name has been using her soc number, but with HIS OWN NAME, to get credit cards. LifeLock, now knowing there is an "issue" alerts her every time her number is used to access credit. She tells several jurisdictions about the issue as well. After several go-arounds on the phone with banks, institutions, and precincts the end result is NO ONE CAN DO ANYTHING ABOUT IT. The best she can do is call the issuing institution when she finds out about it and they MAY close the account, etc.

      This has been ongoing for the last 5 years. The situation is laughable if not so serious.

      --
      Python: 'And then suddenly you have a language which says "we're all stuck with whatever the whiniest coder wants".'
    3. Re:Ah that's where you are wrong by AF_Cheddar_Head · · Score: 3, Insightful

      Trust me we did all that except small claims court.

      - The hospital acknowledged the error in writing but said they couldn't take off credit report because the Collection agency had put it on the report and well you know what the CA said, "Show me the money" no percentage in the CA removing it
      - Even got the Military Medical people involved AKA TriCare who provided assistance in the form of a letter to the hospital wanting to know why I was charged to begin with.
      - The bank wouldn't give me the loan with the bad debt on my report, only bad item on the report by the way.
      - Finally a hospital officer "Mr. Friendly" real name and I will never forget it, provided a notarized letter to my lending officer stating the debt was in error and that it should never have been entered against me. So I got the loan.
      - Took another two years for it to clear from my credit history so I kept the letter for a damn long time.

      In my opinion the only "Bad Actor" in the whole deal was the CA, once informed the debt was in error by the hospital they should have taken action to clear it. But no they wanted the money for the debt they had purchased. Fuck them it's the risk they take for being in that business.

      The hospital had made a mistake and acknowledged same. The credit could of taken a verbal but wanted everything in writing, CYA and I get that.

    4. Re:Ah that's where you are wrong by AF_Cheddar_Head · · Score: 3, Interesting

      And all the steps take some serious time and when you are moving back from overseas and trying to close on a house for you family you don't really have that kind of time.

    5. Re:Ah that's where you are wrong by NicBenjamin · · Score: 2

      Ever dealt with these guys?

      You don't get enough info to call them yourself, because they do not want enraged people tracking them down at the office. They call you. They hear sob stories all the time. They do not have the resources to actually check any of them out, and they're kinda scummy, so you tell them anything but "this is my new Credit Card number," they simply ignore it. Your debt stays on their books, on your credit report, and you keep getting calls. Eventually they sell your debt to a new agency, and you have to start over.

      In theory the hospital should have refunded them the money they paid for the debt in the first place, but sine it's likely that the original agency resold the debt, and that agency re-resold, etc. they'd have to find the guys who currently have the debt. Then, since that company paid cash for the debt they'd have to find some way to compensate them for giving up their claim to that debt.

  15. Re:GOOD! by Bob+the+Super+Hamste · · Score: 3, Interesting

    If only that was what actually happens. I keep getting robo calls from debt collectors for a student loan that predates my birth. Even after explaining that they have the wrong person they still call for about 2 months and then sell it to someone else who keeps calling.

    --
    Time to offend someone
  16. Re:cellphones are a special matter by Solandri · · Score: 2

    Recently I was late on paying a Chase card, and I literally got called every single day about the matter. Eventually I called up and said, hey, I'm unemployed, I'm waiting on a check to arrive, and the rep explained that they will be robodialing my phone every single day until it is paid.

    Damn, I wish every bank and credit card company did this. Heck, I think there should be a law requiring them to do this.

    I knew I had put a $10 charge on my BofA credit card (my lone annual charge to prevent them from closing the card). I waited for the bill to arrive, and waited, and waited, and nothing. So I called the number on the card to speak to a rep, verified there was $10 due, and mailed them a payment check. I figured the matter was over with, and wasn't concerned when I didn't get a bill since they don't normally send a statement for a zero balance.

    Three months later I applied for a mortgage... and was turned down due to a past due account. It turns out the $10 payment I sent arrived the day after the due date, and they'd immediately tacked on a $35 late fee. Whatever problem caused my first bill to never arrive caused the subsequent bills to not arrive, so I never knew about this late fee or the overdue account. During this time, BofA never called me to try to figure out what was going on or to try to resolve the issue. They just dinged my credit without so much as a courtesy call (it's still the only black mark on my credit report, and will be for another year).

    A similar thing happened to my parents. There was a 5 cent discrepancy when they closed a BofA card caused by someone at BofA cashing their payment check for $xx.90 when it was written as $xx.95. It was only 5 cents so my mom sent a 5 cent check to take care of it. Unbeknownst to her, BofA had tacked on interest so the 5 cents didn't settle the matter. And because there was an amount due they hadn't closed the account so it was building up late fees. But apparently their billing department thought the account was closed because my parents never got any subsequent statements for the account. BofA never called them about it to try to get it resolved, they just silently dinged their credit. No amount of complaining or arguing with BofA got them to remove the negative from their credit reports despite it being completely BofA's fault. We've since ceased all business with BofA.

  17. Re:You still get bothered by fuzznutz · · Score: 2

    Get a VOIP service that supports NoMoRobo. I pay $169 for two years unlimited service. I turned on NoMoRobo and it blocks telemarketers, debt collectors, surveys and political calls. I LOVE it! The phone rings about half a ring and then when callerID hits, they pick up and announce that my line is protected by NoMoRobo and they cannot reach my number. I don't even bother to move unless my phone starts to ring a second time.

    It is a rare occasion when I get a nuisance call these days,

  18. I'll get rich by Opportunist · · Score: 2

    Once I invent a device that allows you to kill people via the phone.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  19. Re:we're at the tipping point of Civilization by penguinoid · · Score: 2

    Screw debt collectors.

    Does that work?

    --
    Don't waste your vote! Vote for whoever you want, unless you live in a swing state it won't matter anyways