A different kind of money hassle
I've written on my Albany lawyer blog about debt collectors before. This is really a national policy issue, and it's come up again in my home, so I figured it would make a good post.
Some time ago Congress passed the "Fair Debt Collection Practices Act". This goes along with a number of other related laws such as the "Truth in Lending Act" (TILA) and the "Fair Credit Reporting Act" (FCRA). The names are all misleading, as nothing is fair or truthful about the system.
These came about with the good idea that the process of making loans, collecting on unpaid loans, and reporting those who do not pay their debts is important. If it's done right it makes the economy work better and also makes sure people are treated fairly.
It hasn't worked out that way. Once this good idea got into Congress, the special interests (especially banks, large corporations, and the credit reporting agencies in this case) used their influence, along with the lack of offsetting pressure from consumer groups, led to some very bad laws.
The titles of all these laws should mention their real purpose of protecting the aforementioned special interests from the consequences of their misconduct. First, in many cases the laws preempt state law so that individuals harmed by misconduct cannot sue the bank or credit agency under the laws of the state they live in. They're stuck with the federal laws. The federal laws have minimal penalties for misconduct (typically $1000 per incident). Since few consumers go forward with complaints, they rarely have to pay, and when they do, they don't have to pay much. No attorney is going to represent a consumer when there's only $1000 at stake.
My personal story involves Verizon Information Services. They're the ones that make the Yellow Pages. A few years ago I bought an ad in the Amsterdam Yellow Pages. They misspelled my name. Well, they spelled it correctly once, and incorrectly another time so potential clients would think I don't know how to spell my own name. They also printed my cell phone number instead of my toll-free number.
I wasn't happy with this so I refused to pay - and not just for the Amsterdam book, but for all the books I was in. I sent letters. I tried making phone calls. I never was able to get to a person who knew anything, and they never responded to a single letter. Eventually they just gave up and I never had to pay.
You would think that would end it, but no ... they actually ran the same ad again. Idiots! And now they're billing me for it again. Strangely they are not running the ads in the other books, but just the one in the Amsterdam book (the one where the problem was based).
So now they want me to pay for an ad I never agreed to, and that I had actually disputed once before. They've farmed out the "debt" to a debt collection company, CreditWatch Inc. in Fort Worth, Texas. Now, they could call me on the number they listed in my ad (the cell). They could call my toll-free number. No. They keep calling my home number. They harass my wife and my mother-in-law. My family keeps giving them my toll-free number and they keep calling home. I called today and told them I'm not paying and instructed them to stop calling. Mrs. Mims (866-390-6630 ext 3322 if you want to chat with her) told me the calls will keep coming.
In New York this kind of conduct constitutes aggravated harassment in the second degree. I called the Fort Worth DA's office (Tarrant County) and left a message with someone there. I have some vague hope someone there will decide to get involved and stop this kind of behavior. Maybe there's a class action lawsuit in here somewhere?
Some time ago Congress passed the "Fair Debt Collection Practices Act". This goes along with a number of other related laws such as the "Truth in Lending Act" (TILA) and the "Fair Credit Reporting Act" (FCRA). The names are all misleading, as nothing is fair or truthful about the system.
These came about with the good idea that the process of making loans, collecting on unpaid loans, and reporting those who do not pay their debts is important. If it's done right it makes the economy work better and also makes sure people are treated fairly.
It hasn't worked out that way. Once this good idea got into Congress, the special interests (especially banks, large corporations, and the credit reporting agencies in this case) used their influence, along with the lack of offsetting pressure from consumer groups, led to some very bad laws.
The titles of all these laws should mention their real purpose of protecting the aforementioned special interests from the consequences of their misconduct. First, in many cases the laws preempt state law so that individuals harmed by misconduct cannot sue the bank or credit agency under the laws of the state they live in. They're stuck with the federal laws. The federal laws have minimal penalties for misconduct (typically $1000 per incident). Since few consumers go forward with complaints, they rarely have to pay, and when they do, they don't have to pay much. No attorney is going to represent a consumer when there's only $1000 at stake.
My personal story involves Verizon Information Services. They're the ones that make the Yellow Pages. A few years ago I bought an ad in the Amsterdam Yellow Pages. They misspelled my name. Well, they spelled it correctly once, and incorrectly another time so potential clients would think I don't know how to spell my own name. They also printed my cell phone number instead of my toll-free number.
I wasn't happy with this so I refused to pay - and not just for the Amsterdam book, but for all the books I was in. I sent letters. I tried making phone calls. I never was able to get to a person who knew anything, and they never responded to a single letter. Eventually they just gave up and I never had to pay.
You would think that would end it, but no ... they actually ran the same ad again. Idiots! And now they're billing me for it again. Strangely they are not running the ads in the other books, but just the one in the Amsterdam book (the one where the problem was based).
So now they want me to pay for an ad I never agreed to, and that I had actually disputed once before. They've farmed out the "debt" to a debt collection company, CreditWatch Inc. in Fort Worth, Texas. Now, they could call me on the number they listed in my ad (the cell). They could call my toll-free number. No. They keep calling my home number. They harass my wife and my mother-in-law. My family keeps giving them my toll-free number and they keep calling home. I called today and told them I'm not paying and instructed them to stop calling. Mrs. Mims (866-390-6630 ext 3322 if you want to chat with her) told me the calls will keep coming.
In New York this kind of conduct constitutes aggravated harassment in the second degree. I called the Fort Worth DA's office (Tarrant County) and left a message with someone there. I have some vague hope someone there will decide to get involved and stop this kind of behavior. Maybe there's a class action lawsuit in here somewhere?
posted by Albany Lawyer at 11:45 AM
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