Debt Collectors Using False or Misleading Names

When contacting consumers, debt collectors are not allowed to make false or misleading representations. This includes using any business name that is not the company’s true name as well as any name that implies a connection with the government, a particular state, or the United States of America.

Debt collectors may use false names in an attempt to deceive or frighten consumers. As an example, a debt collector’s use of “Federal Criminal Enforcement Division” or “Emergency 911” as their name or caller i.d. label—when that is not their actual name—is the type of false and misleading conduct that might be in violation of federal law. An attorney can help you determine your rights if you have been contacted by a debt collection company using a false or misleading name. -Meredith Phillips (205)912-8244
Blankenship Harrelson, LLP

Protect Yourself when Dealing with Debt Collectors

We have all been in a “he said, she said” argument at some time in our lives—when two parties to a conversation have different recollections about what was said. Oftentimes this is the result of simple misunderstandings. However, when it comes to conversations with debt collectors, this could be the result of outright lies. Because many debt collector conversations border on the rude and nasty, you should protect yourself and any rights you may have.

The easiest ways to do this are:
(1) Save any phone messages you get from debt collectors, whether on your home or cell phone
(2) Make notes of your conversations with debt collectors as they happen, and
(3) Save any letters or other notices you get from debt collectors.

By keeping good records of the calls you get from debt collectors you can avoid a “he said, she said” argument in any future disputes. -Meredith Phillips (205) 912-8244
Blankenship Harrelson, LLP

Caught on tape...abusive debt collectors

As we work on debt collector cases, we are amazed at the stereotypes and misinformation out there.  So many people are quick to say, "Well, they should have paid their bills."  While that is true, there is never an excuse for one human being to threaten, harass or cause serious emotional injury to another person.  Even worse, for many people, debt collectors zero in on people that don't even owe the debt in question and won't let up.

We have assembled a small collection of videos that demonstrate what is going on in the debt collection industry.  ABC News, CBS News and their affiliates have all done investigative reporting and have actual debt collectors calls recorded and have spoken to former debt collectors.  Check it out, and let us know if seeing those videos changed your opinion in any way.   (BHATTORNEYS YouTube Channel)

Stay safe out there and know your rights! 
-Blankenship Harrelson, LLP (205)912-8255

Dispute Early, Dispute Often

It is common to get a call about a debt that is not yours or that is otherwise disputed. Sometimes the caller is just running a con game to see how many people will just pay.  More often, the debt is disputed. After all, if you complain that you did not receive what you ordered, the price was more than you agreed or the service was not performed, then paying the bill in full risks waiving your claims. Although you should offer partial payment when appropriate, less than full payment is often rejected.

Frustrated companies often find it easier to hand the issue off to a debt collector. Companies should tell the debt collector that the debt is disputed. However, some unscrupulous companies do not.

You should dispute the debt the first time you are contacted about it AND EVERY FOLLOWING TIME. If possible, also dispute the debt in writing by letter or email. Federal law places a time limit on disputing a debt, so don’t wait.

One benefit of disputing the debt is that federal law prohibits a debt collector from communicating or threatening to communicate to any person credit information which is known or should be known to be false, including the failure to communicate that a disputed debt is disputed. 15 USC § 1692e(8).

Debt collectors have increasingly become reporters to credit reporting agencies. If they know the debt (or a part of the debt) is disputed, it must be reported as disputed. This one issue may make the difference between your credit score losing a point or two or taking a nose dive. -Brandon L. Blankenship (205)912-8248Blankenship Harrelson, LLP

Calls from a Telemarketer

Unwanted calls from a telemarketer or company trying to convince you to buy, rent or invest in their product or service may be easier to stop than you think.

A federal law known as the “TCPA,” or Telephone Consumer Protection Act, protects consumers from these types of unwanted calls. One way to prevent these calls is by putting your phone number on a national “do-not-call” list. However, according to the rules and regulations that govern the TCPA, you can also stop these solicitation calls by simply telling the company not to call you anymore or asking the company to put your phone number on their own “do-not-call” list.

Once you do this, the company must honor your request and not call you again for a certain time period. Making this “do-not-call” request will even stop calls from a company that you previously gave permission to call you or that you have done business with in the past. Additionally, after you have made this request, the company could be liable for calling you again.  -Meredith Phillips (205)912-8244
Blankenship Harrelson, LLP

When It Comes to Debt Collectors, What is Unusual?

While one of our clients was in the hospital [from a car crash], he got a debt collection call. Needless to say it upset him and his family. What made it more upsetting was that it was not his debt. He kept telling the debt collector that he had the wrong person, but the debt collector kept calling.

Upsetting – yes, but is it illegal? Federal law prohibits a debt collector from communicating with a consumer at any unusual time or place. 15 USC § 1692c(a)(1). This is somewhat weak wording in the law. Obviously, a debt collector can argue that calling someone in the hospital, for example, is not unusual. The best way to protect yourself in this circumstance is to tell the debt collector that you consider the time or place to be unusual. Tell the debt collector you are in the hospital and that you consider calling you there unusual. If the calls persist, send the debt collector a letter or email.

Don’t expect a debt collector to know what is unusual to you. If you don’t want to be bothered at church on Sunday, or during your dialysis on Thursday afternoon or whatever, tell the caller you consider calling those places unusual. Debt collectors are already prohibited from calling before 8 in the morning or after 9 at night. If, however, those times would be unusual to you (say, for example, you work the night shift and sleep during the day), the best practice would be to tell the caller that you consider it unusual so that you can curb the calls. -Brandon Blankenship (205)912-8248
Blankenship Harrelson, LLP

Has a Debt Collector Called You Multiple Times in One Day?

Do you get calls from a debt collector 5, 10 even 20 times a day? Or, do you get 2 or 3 calls every day of the week? If your debt is valid, debt collectors are permitted to take legal actions to attempt to collect your debt.

However, debt collectors are not permitted to repeatedly call your telephone with the intent to annoy or harass you. This may include calling you multiple times in one day or multiple times for several days in a row—especially if you have already talked to the debt collector on those days. If you have been contacted by a debt collector in this way, an attorney may be able to help stop the harassing phone calls. mlp (205)912-8244

Shame, Harassment and Extortion Through Social Media

In a recent legal case, Sohn v. Bramacint, a debt collector used MySpace to learn about a target. After they had learned that the target had a daughter they told her she had a “beautiful daughter,” and “wouldn’t it be terrible if something happened to her while the sheriff’s department was taking you away?”

In other cases, debt collectors have posted notices directly on MySpace or Facebook in an attempt to shame or embarrass their target. This conduct violates federal law and is even more egregious when the target does not owe the debt or the debt is otherwise disputed. These cases only illustrate the wrongful conduct that some debt collectors will go to make money.

Remember that a friend request from someone you don’t know could be a debt collector or con artist attempting to collect a debt (even a debt you do not owe). Once you get into these situations, it is difficult to get out. The best advice is to avoid dealing with these people from the beginning. blb (205)912-8248

A Debt Collector is Calling Me After I Was Discharged Bankruptcy

For many people, filing bankruptcy means a fresh start. Or at least, that is what it should mean. But what happens when those annoying collection calls you were getting before bankruptcy start right back up again after bankruptcy?

Although debt collectors might tell you that their debt is not affected by bankruptcy, these post-bankruptcy collection calls may actually be prohibited. A debt collector should not call about a debt after bankruptcy if (1) you specifically list the debt collector on your list of creditors and (2) you receive a bankruptcy discharge of that debt. When this happens, the debt collector should receive notice of your discharge. After this notice, the debt collector should not call you about this debt anymore. Not only is the first post-discharge call improper, but it is also improper for a debt collector to continue calling you about a discharged debt when you have listed them as a creditor in your bankruptcy.

Under federal law, a debt collector is not allowed to make false representations about the legal status of a debt. If a debt has been discharged in bankruptcy and the debt collector knows this fact, they may not continue to try to collect the debt and claim it is still valid. An attorney can help you determine whether a debt collector is permitted to call you after a specific debt has been discharged in bankruptcy.
mlp (205) 912-8244

Debt Collectors Can’t Just Keep Calling Your Relatives and Friends

In fact, federal law prohibits them from calling any one person more than ONCE. 15 USC § 1692b(3). As an added protection simply ask the debt collector to stop calling others.

Of course, debt collectors often lie and say that they were not ask to stop calling others, so the better course of action is to ask them to stop in writing or in an email. Whoever they are calling should ask that the calls stop also. If the calls keep coming anyway, whoever they are calling should follow up with a letter or email.

Even the one time that a debt collector is permitted to call someone else, they can only call to try to get information about your whereabouts. If they debt collector reveals that they are calling about a debt or that they work for a debt collector, it is most likely a violation of federal law. blb (205)912-8248.

A Debt Collector Threatened to Take My Property!

Among the methods of intimidation debt collectors use, threatening to repossess your property unless you pay your debt may be one of the more frightening. Debt collectors may threaten to take your car, your television or even your home as a way to intimidate you into paying a debt.

However, it is a violation of federal law for debt collectors to take or even threaten to take your property if they have no present intention to take your property, no present right to take your property (such as an enforceable security interest), or if your property is exempt from this kind of taking. An attorney can help you determine whether debt collectors have a legitimate claim to your property or whether they are simply trying to intimidate you. mlp (205)912-8244

A Debt Collector Threatened Me

Debt collectors are not allowed to threaten you, your family, your friends or your neighbors in connection with collecting a debt. Not only that, debt collectors are also not allowed to threaten harm to your property. Threats could include violence, stalking, theft, vandalism, etc. Some debt collectors may use these tactics to scare people into paying their debts.

Be aware, however, that using or threatening to use violence or any other illegal means to collect a debt is prohibited by federal law. This kind of behavior is prohibited whether you owe the debt or not. mlp (205)912-8244

A Debt Collector is Calling Me About a Debt I Do Not Owe

A debt collector's job is to collect money and oftentimes, debt collectors do not get paid unless they collect money from consumers. Unfortunately, this can lead some debt collectors to try to collect money from anyone-whether that person owes the debt or not.

Fortunately, the Fair Debt Collection Practices Act protects people that do not owe a debt as well as those that do. Although some parts of the Act apply only to consumers, others apply to all people. Thus, even if a debt collector is harassing you about a debt you do not owe or know nothing about, you may still be protected by federal law.  mlp (205)912-8244

A Debt Collector Threatened to Arrest Me for Not Paying My Debt!

Do not panic-this is generally not allowed. With some exceptions, failure to pay a debt is not in and of itself a crime and a debt collector cannot arrest you or put you in jail for the sole reason of not paying your debt.
Debt collectors are also prohibited from falsely threatening or even implying that the mere nonpayment of your debt will cause you to be arrested or imprisoned. An attorney can help you determine whether a debt collector's threats are legitimate or not.  mlp (205) 912-8244