Thursday, September 25, 2008
My post at InsideARM (collections) about FCRA and FDCPA amendments
I usually do NOT post at any other credit/collection sites, but when I saw the comment by John Nemo, ACA Public Relations Director, about consumer complaints to the FTC, I couldn’t resist.
Because comments are subject to approval (as here) and we need to get the word out, here’s my comment as submitted at Accurate Or Not, Consumer Complaint List Needs to be Addressed:
I totally agree that consumer complaints need to be addressed and the FDCPA needs to be amended ASAP.
I’m hoping to take my case against IC System over telephone harassment to trial and to generate lots of publicity to get legislative changes. Here’s one of the recorded messages:
http://ic-system-collection-suit.info/2008/7-1708-ic-system-automated-voice-mail/
*** The FDCPA needs to be amended to limit calls to ONE call per MONTH or as per the debtor’s express permission and messages are NOT to be left on VMs/answering machines.
*** Statutory damages need to be changed to PER violation and provide for minimum damages (similar to the TCPA) and PUNITIVE damages must be available for individuals. The cap for class actions must be removed.
*** The right to dispute must be disclosed in the INITIAL communications, NOT 5 days later after the debtors were tricked into paying bogus debts.
*** NO collection can be reported to the credit bureaus until 30 days after the debtor’s receipt of the initial letter, sent by restricted delivery with signature confirmation.
*** If disputed, collections can not be reported until 45 days after validation was mailed to the debtor and a letter with the original creditor’s info or a printout are NOT validation. FICO scores IGNORE the dispute notation currently required by the FDCPA, so they must be deleted.
*** No credit report is to be obtained unless the address on file is no longer valid and the initial letter was returned undeliverable.
As the government commits to gift TRILLIONS of TAX PAYER dollars to the bankers, the working people have been lied to and exploited by the bankers and instead of bailouts, they get harassment by collectors.
It should be the other way around. The bankers should go to prison and the PEOPLE should get bailed out.
Valid debts SHOULD be collected, but not through harassment and extortion. It is not appropriate to harass debtors until they agree to a payment arrangement just to stop the calls. Collectors and creditors HAVE the legal right to sue and that’s the proper way to collect debts in a civilized country.
I have been publicizing for many years how unfair it is that FICO scores don’t give debtors a single point for the payment of collections.
Why do I have to advise readers/clients to NOT pay valid collections they CAN and WANT to pay because they will lose their rights under the FDCPA and their FICO scores will NOT increase after payment?
Why doesn’t the ACA lobby legislators to amend the FCRA to require DELETION of paid collections?
After all, the original creditors are probably reporting the accounts, so it’s not like consumers don’t have incentive to pay their bills on time.
Don’t you think that payments to collectors would increase by at least as much due to FAIR credit reporting and deletion of PAID collections as is lost if the telephone harassment is prohibited?
There is NO reason whatsoever to continue to report collections after payment OTHER than to destroy the credit.
Mr. Nemo with the ACA posted a propaganda video at http://www.youtube.com/watch?v=VAUNP_1tj-0 and rather than addressing PROBLEMS that need to be resolved, well, it almost made me puke.
I also submitted a comment with the video, but it hasn’t shown up yet. YouTube is often slow. Please do me a personal favor and post your collection rants at youTUBE and NOT at InsideARM.
The ACA has MILLIONS of dollars to lobby Congress and to produce videos.
As regular readers know, I’m struggling to keep up with litigation and I’m trying to finish my house before winter. I wish I could produce a video response for youTube with some of the recorded collection calls, excerpts of the Focus Receivable extortion call and an explanation of what needs to be done.
I don’t have the time and money (it’s been a long time since I got a donation) and quite frankly, the only thing that even keeps me motivated is the continued exposure to abuse and illegal collection techniques. I recently posted the transcript of the Afni vile lies.
You’re not going to finish my house and you’re not going to bring me food and gasoline.
Can YOU make or at least help make a video for youTube?
I truly believe that collectors would NOT have to resort to abuse and harassment if they could LEGALLY delete for payment.
We all know that it is possible to get deletion, usually requiring extra payment (extortion) or settling FDCPA and/or FCRA violations. The InsideARM article touts how so many BBB complaints are resolved. They do NOT say how they are resolved and most likely that’s DELETION from the credit reports and closing the account.
I hope to get a constructive response from Mr. Nemo.
I’m sure he’s aware that collection revenue will decrease as the economy worsens and no matter how badly they harass debtors, people can’t pay if they have no money.
Since Congress decided to totally sell out the American people to the bankers, maybe there is just a LITTLE compassion for the tax payers who will pay for the bailout and as so many people are delinquent, it is absolutely necessary to act NOW.
I’m not YET demanding that all consumer debts be forgiven or that all collection efforts be suspended.
To avoid just that, the ACA might want to consider my proposal. They’ve got the power, influence and cash to make it happen.
2008 Activism • 2008 FCRA / FDCPA proposed changes • (0) Comments • Permalink
