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Fair Debt Collection Practices Act

Moving Beyond Stall Letters

By | Ask a Credit Expert, Collections, Consumer Rights, Fair Credit Reporting Act, Fair Debt Collection Practices Act, Your Credit

We hate to be the bearers of bad news, but credit companies have never been your best friend. One of the reasons may be the fact that they hold a lot of control over a certain item that many people are fearful about: the credit report. In a perfect world, creditors would report only correct information on our credit reports and all would account as it should. Unfortunately, this world is far from perfect, and any disputes that we may have are not easy ones to settle.

When filing a dispute, the most common item the consumer will receive is a “stall letter.” When disputes are submitted by consumers, the bureaus will send out a vague response that most commonly says something like, “We’ve already verified this item” or, “We find this dispute to be frivolous.” To frustrate a consumer further, they are not informed how the bureau came to that conclusion, but these are the only statements bureaus are allowed to make as efforts to reject a dispute. An investigation costs money for both the bureaus and creditors, and they will use every power within their means to halt a dispute in the early stages. This irritating tactic is often a defective deterrent that buys time or chases the consumer away.

Do not let their “frivolous” statements discourage your efforts to dispute. Once the credit company realizes that their stall letter is not working – which requires you to send another letter disputing the item more aggressively – what usually follows is a request for proof of your identity. By having proof of identification on hand ahead of time, you can respond immediately and thwart the credit company’s efforts to stall for extended lengths of time. Do not let their evasive methods fool you; these companies are required to look into your dispute and investigate it as many times as you deem necessary, whether you have proof or not. As a consumer, you have the right to verify the information on your credit report and the bureau is required by law to accommodate. The burden of proof lays on them, not on you.

As a consumer, although you have the right to dispute multiple items as you see fit, this is not typically the most effective maneuver. When several disputes are received at once, you are more likely to get stall letters than anything else. The bureau will attack with their frivolous statements once again, but this time they will have reason to believe that your disputes are frivolous or designed to misdirect. Multiple disputes may also trigger internal concerns that slow the whole process.

Our advice? Be smart about what you dispute as a consumer, but never shy away from keeping creditors on their toes.

Can Debt Collectors Contact Friends and Family Members?

By | Ask a Credit Expert, Collections, Consumer Rights, Credit Repair, Debt, End Debt Collector Abuse Act of 2010, Fair Debt Collection Practices Act

It is not uncommon for debt collectors to go to extreme measures in order to get information about a debtor.  In fact, many debt collectors call friends and family members of debtors they are trying to reach.  While this practice is permitted and regulated by the Fair Debt Collection Practices Act, it is frequently abused.

Are Debt Collectors Harassing You About Someone Else’s Debt?

Debt collectors are permitted to contact third parties for the purpose of acquiring location information about the debtor.  Section 804 provides the following:

Any debt collector communicating with any person other than the consumer for the purpose of acquiring location infor­mation about the consumer shall identify himself, state that he is confirming or correct­ing location information concerning the consumer, and, only if expressly requested, identify his employer.

Debt collectors are prohibited from stating that such consumer owes any debt.  They may not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information.  Debt collectors may not communicate by post card and they may not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communi­cation relates to the collection of a debt.

By the way, if the debt collector knows the consumer is repre­sented by an attorney with regard to the subject debt and has knowledge of, or can readily ascertain, such attorney’s name and address, they may not communicate with any person other than that attorney, unless the attorney fails to respond within a reasonable period of time to the communication from the debt collector.  In this case, family and friends may not be contacted at all.

How Can You Stop Debt Collectors from Harassing You About Someone Else’s Debt?

The purpose here is to allow debt collectors to try to obtain location information.  That makes sense.    However, many debt collectors abuse this provision to harass family members and friends in an effort to get the debtors to respond.  This practice is unethical, and it is illegal.  If you are being contacted by a debt collector regarding someone else’s debts, and the debt collector is violating the provisions above, let us know.  We’ll help you locate an attorney in your area that can help protect you from this type of abuse.

By the way, if the debt collector knows the consumer is repre­sented by an attorney with regard to the subject debt and has knowledge of, or can readily ascertain, such attorney’s name and address, they may not communicate with any person other than that attorney, unless the attorney fails to respond within a reasonable period of time to the communication from the debt collector.

 

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