It is not easy being a consumer sometimes, especially when you owe creditors money and the debt collectors start calling you. Knowing your rights under the law is important, but that is just half the battle. The best debt collectors, and best meaning they collect the most money due, are the ones who have a way of getting you to pay, despite ethics and sound business practices. Many of them completely ignore consumer laws. For some, we often wonder if their business model assumes they will have to pay a few fines here and there when smart consumers catch them doing wrong. When you do know the law, there are additional steps you can take and practice becoming a better defender of your rights. Keeping good records and following the steps in this article can help you bring a case against an unscrupulous collector. When more consumers who stand up for their rights, collectors may take notice. Class action lawsuits particularly affect the bottom line for companies in the business of collecting. The Zamparo Group is advocating for consumers and helping fight back against predators engaging in bad acts.
There are few things you should do to prepare for talking to collectors to best protect yourself.
Wherever you manage consumer business from your home and office, consider creating and managing individual file folders for everyone with whom you enter into financial and credit transactions. Keeping a notebook or notepad and a pen nearby is important so you can take notes of each and every phone call. Always ask for the name or operator identification number of everyone you talk to and note the date and time of the call. It can be helpful and empowering later to tell a supervisor who you spoke with, at what time, and exactly what they said. You may also want to keep a recording device nearby and record the telephone calls, on an app on your phone, for example. Be careful however, when it comes to recording others, as the laws are different in every state when it comes to recording conversations and whether you need consent of the other person to record them. Here is a link to Illinois law on recording conversations. Please feel free to contact us to learn more.
Learn the basics of the consumer laws written to protect consumers from unfair debt collectors.
The Fair Debt Collection Practices Act (FDCPA) is the federal statute that protects consumers by limiting what a creditor can do when working to collect a debt. It might be helpful to print and keep the FDCPA basics nearby, to use as a reference when on the phone, or when making notes about what you think may be a consumer law violation.
The FDCPA prohibits debt collectors from:
- Calling you before 8 a.m. and after 9 p.m.
- Intentionally annoying or harassing you
- Calling you at work if your employer does not allow personal office calls
- Calling or communicating with you after you request them not to in writing
- Using abusive language or threatening lawsuits they could not legally file or initiate
These are the common violation signs to watch for, and there are additional violations listed in the FDCPA text, published by the Federal Trade Commission (FTC) website. If you believe a collector is doing something that violates the law, we can review your notes and information about the communications and determine what action, if any, can be taken against the collector.
How would you know if they are in their rights to file a lawsuit against you?
First, if a debt collector says they are a lawyer and that is not true, there may be a violation. If someone tells you they have a lawsuit ready to file and they are not a law firm, there may be a violation. Another common concern of consumer attorneys are the collectors or law firms calling for a collector about a lawsuit that is barred by the statute of limitations to sue on a debt. Every state has its own set of limitations laws that prohibit a collector from filing a lawsuit to collect on a debt after a certain time. The best practice for a smart consumer is to make notes of any threats or comments about lawsuits when talking to a collector.
Before you pay, get the proof you need to know you actually owe a collector money.
Collection companies frequently buy lists of debts and try to collect. When the collectors are unable to collect, they might make notes on the list and move on to the next consumer. These lists can be bought and sold many times, and all it takes is one instance of human error and you may receive collection calls, years later, when you do not owe any money. If you paid a debt, keep records of the payment, and demand proof that you owe the debt. It is not on our short list above, but the FDCPA requires a debt collector to send you written proof that you owe a debt.
Prepare for phone calls and communications with debt collectors, and refuse to let them anger you.
Why do debt collectors often call during breakfast, lunch and dinner time? They know if you are busy, there is a better chance your guard will be down and they can push you around. It may be a judgment call for another to make if a collector is abusive or harassing, so good notes of what they say can be important later. If you are cooking or working or otherwise busy, feel free to tell the collector it is not a good time to talk and ask when you may return their call when it is convenient. When you call them back or take their original call, it is a good idea to sit at a desk so you can take notes and treat the phone call like an important business call. Remember that they are likely recording your conversation, and it is important to be careful what you say, because it could come back to haunt you later. When preparing for the phone call, try taking some notes of what you want to ask the collector about the debt. This is helpful if you are working with them to negotiate a reasonable payment arrangement.
Remember that any process of collection takes time and so do legal actions. Do not be worried that the collector is going to run to court the same day, obtain a judgment against you and garnish your wages or seize your bank accounts if you do not pay them immediately over the phone. If anyone tells you that, your next call should be to the Zamparo Law Group!
The Zamparo Law Group is advocating for consumers and sharing information about protecting against unethical and abusive debt collectors who violate the law. When more people stand up for their rights, consumers can win. Together we can protect one another from the wolves in sheep’s clothing.
The Zamparo Law Group, P.C. is a consumer protection law and litigation firm, representing consumer plaintiffs. Zamparo Law Group in the northwest suburbs of Chicago sues and wins against the companies who refuse to follow the law.
To learn more about consumer protection law and the Zamparo Law Group, please visit the firm’s website. You may also ask for a free case review. The Zamparo Law Group is connected on social media, please follow us and share our resources we share on our Facebook, Twitter and LinkedIn pages. You may call the Zamparo Law Group with any questions by dialing (224) 875-3202.
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