Debt collectors constantly cross the line. They at least work hard to walk right up to the line. There are laws that protect you from inappropriate debt collection, but many of them are complicated and debt collectors are always devising systems that try to harass you while trying to stay barely within the guidelines of the law. One of these rules, of course, is not to discuss your debt situation with anyone else. Below is a tape of an actual recording devised by a debt collector to get around this matter while at the same time using a recording devise to spread the news about the debt. Does it cross the line? You decide. The truth of the matter is that the automatic stay provisions of the Bankruptcy Code are often your best recourse to stop all calls. Many times the issue is not just one debt that is unpaid. Often times you are overwhelmed with debt. This requires a more global response to solving your debt problems and in getting a fresh start that only bankruptcy can provide.
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One Comment
I love the “Mission Impossible” countdown.
I’m not so sure the whole “hang up NOW if you’re not who we think you are” thing is effective or will be effective to protect them from a charge under either FDCPA or state law (depending on the state, of course). On the other hand, it does not attempt to identify the recipient by any other means - no names, account numbers, etc. But since we can presume they’re targeting the name on the phone account, as they reference “the person at this number,” they might run into trouble there.
I will say that I have a big problem generally w/ the whole federal student loan collection scheme. Especially the garnishment “procedures” - such as they are - and whether they comport w/ due process. They’ve been upheld, I am told (though I haven’t personally researched the issue) but they seem to give these private collectors a great deal of latitude and the consumer very little protection.
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