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