Common Violations of Federal Law that a Collection Agency Will Commit Over the Phone

Being in Collections is Never Fun

Being harassed by a collection agency is never fun and how you deal with that harassment may mean the difference in sanity and protection of your rights offered by laws that govern collection agencies.

Many times when a collection agency contacts you or others by phone they violate collection agency laws.

Some Phone Tactics that Collection Agencies Use

There are many things that a collection agency will do to attempt to intimidate you over the phone. Most of these activities are illegal and if you can document their antics a collection agency may owe you money.

It is illegal for a collection agency to:

Imply that the failure to pay a debt will result in imprisonment, arrest or garnishment of wages.
To call you at work when they know it is against your company rules to receive calls of this nature at work.
To talk with third parties such as children, neighbors or employers except to acquire your location information.
Cause the telephone to ring, or engage a person in telephone conversations, repeatedly or continuously, with the intent to annoy, abuse, or harass a consumer;
Threaten to take action such as filing a lawsuit when they did not intend to do so
Call consumers at times or places that they knew or should have known were inconvenient
Fail to notify consumers of their right to dispute and obtain verification of their debts, and to obtain the name of the original creditor.
Continue to try to collect debts after consumers disputed them in writing, and before verifying the debts.
Use obscene or profane language.

Know your rights

Knowing your rights will help you be less intimidated by collection agencies.

Collection Agency Harassment: What the Debt Collector Doesn't Want You to Know

by Richard L. DiMaggio

Amazon Price: (as of 07/04/2008)

The Talk Off

usually left on answering machines

The talk off is designed to scare the consumer or is used on answering machines to get a call back from the consumer.

They usually sound something like this:

Hello, I'm calling from XYZ Law Office - We are in the process of filing an affidavit for JIM BOB WILLIAMS to appear in DALLAS County court. We need to confirm an address for delivery of a summons and or discuss any out of court alternatives. Please have JIM BOB contact me at XXX-XXX-XXXX within the next 48 hours to put a stay of action on their case.
Unless they are planning on filing suit intermediately this is highly illegal.

Use their violations of the Law as a Negotiating Tool

Having proof of them breaking the law is a powerful negotiating tool when dealing with a collection agency. The best way to have proof is record them in the act.

Olympus VN-4100PC Digital Voice Recorder

Amazon Price: Too low to display (as of 07/04/2008)

P3 P5080 Telephone Recorder

Amazon Price: Too low to display (as of 07/04/2008)

Other Online Help in Dealing with a Collection Agency

NEVER PAY A COLLECTION COLLECTION AGENCY UNTIL YOU SEE THIS: Paying a collection agency may not be the best way to repair your credit or protect your privacy. There are situation that you may find your self in and have to pay a collection agency to to accomplish a short term goal such as buying or refinancing a home.
Request Validation - Drive a Collection Agency Nuts: If a collection agency is coming after you, protecting your rights under the Fair Debt Collection Practices Act (FDCPA), may be as simple as writing a letter.
Stop Collection Agency Phone Calls: Dealing with a Collection Agency is not a fun proposition if you are not aware of your rights. Allowing them to intimidate you and place you on the defensive is the exact goal that they are trying to achieve when they call you.
Fair Debt Collection Practices Act: An Abridged form of the Fair Debt Collection Practices Act

Watch a Consumer Expose FBCS Collection Agency

This consumer got them on tape breaking the law watch as he holds them accountable for their violations of collection agency law.

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some of the worst collection agencies out there

found at http://www.credit-repair.atomicshops.com/junkdebtbuyers.html

* JBC & Associates
* Arrow Financial Services (majority interest acquired by Sallie Mae 9/04)
* RJM Acquisitions
* *CAMCO (Capital Acquisitions & Managment Company)
* Excalibur
* Cavalry Portfolio Services
* Unifund Group
* Phoenix Asset Acceptance
* First Select Corporation (part of Providian)
* Collins Financial Services
* Oliphant Financial Corp.
* OSI Portfolio Services
* *Asset Acceptance (AAC)
* *Sherman Acquisitions/Sherman Financial Group/Alegis NCO Group
* *Portfolio Recovery Assoc
* *Asta Funding
* *Encore Capital Group (parent of Midland Credit Mgmt)
* Allied National/Interstate Risk Management Alternatives (RMA)
* 1-866-857-3916 AKA Consumer Recovery Associates
* Acadamy Collections
* Account Management Services
* Account Solutions Group
* AIS Services, LLC
* All Debt Traders, LLC
* LVNV Funding, LLC
* Allen, Lewis, & Associates, Inc.
* Alliance One, Inc.
* Allied Interstate, Inc.
* Allstate Financial Services
* Allstate Adjustment Bureau
* Aman Collection Service
* American Acceptance
* American Coradius, Inc.
* American Legal Recovery
* Ameriquest Recovery Services
* AMO Recoveries
* Ariel Financial Services
* Sagres Company
* Rosenthal & Colby, Inc.
* Law Offices of Larry Roach
* Harold E. Scherr, Attorney
* Schreiber and associates, PC
* Shekinah, Inc.
* Specified Credit Association
* Stanley Weinberg & Associates
* Stevens & James Debt Collections
* Carl A. Steinbrenner
* Sam W. Streeter, Lawyer
* Stouwie & Mayo
* Superior Asset Management
* Surpas Resource Corporation
* Tabula Rasa, Inc.
* Jay A. Taylor, P.C. Attorney
* Titan Recovery Group, LLC
* Trak America Enterprises, LLC
* Transcontinental Adjustment Group
* Trauner, Cohen & Thomas
* Zwicker & Associates, P.C.
* Zenith Acquisition Corp.
* Makel Ann Wright--The Law Center
* Triadvantage Credit Services
* TrueLogic Financial Corp.
* United Collectors
* United Legal Corporation
* United Recovery Systems
* US Audit Control
* Van Ru Credit Corp.
* Varde
* Louis Vasques Law Office
* VRM Collections--Vigden Receivables Management
* Weltman, Weinberg & Reis
* Wendt Law Offices
* West Asset Management, Inc.
* Westmoreland Agency
* Winn And Sims, P.C.
* Jack Wolf
* Wolpoff & Abramson
* Warren H. Wolter, Attorney
* Worldwide Asset Purchasing, LLC
* Risk Management Alternatives (RMA)
* Riddle & Associates
* Reynolds & Jacobson
* Resurgent Capital Services/Sherman
* Regent & Associates, P.C.
* Redline Recovery Services, LLC
* RCS Centre Corp.
* Law Office of Christopher Ranieri
* Quadrant Group LLC--The Recycle Shop
* Pro Collect, Inc.
* Preferred Platinum Plan
* Portfolio Mangement of Amherst, LLC
* Portfolio Exchange
* Plaza Associates
* Pinnacle Asset & Capital Management Group, LLC
* Performance Capital Management
* Phillips & Burns, LLC
* Phillips & Cohen Associates, Ltd.
* National Credit Adjusters
* National Enterprise Systems
* National Financial Systems
* National Revenue Corporation
* Nationwide Revenue Corporation
* Nationwide Capital Recovery
* Nationwide Credit, Inc.
* NCO Financial Systems
* Neuheisel Law Firm, PC
* New Horizon Credit, Inc.
* New Vision Financial
* North Shore Agency
* North Star Capital Acquisitions, LLC
* Northeast Credit & Collections
* Omnia Credit Services
* O'Neill Management, Inc. Investigators
* Ozark Capital Corporation
* OSI/Outsourcing Solutions
* Pacific Coast Collections (Alliance One)
* Pallisades Collections, LLC
* Penn Credit Corporation
* National Asset Services Company
* National Asset Management
* National Acceptance
* National Action Financial Services, Inc.
* Myers & Porter, Attorneys
* MRS Associates, Inc.
* Gerald E. Moore & Associates
* Midland Credit Management, Inc.
* Messerli & Kramer
* Merchant's Credit Guide Company
* Mel S. Harris & Associates
* Meadows Law Office--Sheree Meadows
* McKelvey Law Office
* Marauder Corporation
* Mann-Bracken, LLC
* Magnus Services, Inc.
* Limited Financial Services, L.P.
* Household Recovery Services Corp.
* Hudson & Keyse, LLC
* Hull & Associates, P.C.
* Integrity Resolution Group, LLC
* Int'l Portfolio Management
* Javitch, Block & Rathbone LLP
* Joseph, Ortiz & Epstein, LLC aka Delta Group
* Mitchell N. Kay, P.C.
* Kravitz, Schnitzer, Sloane, Johnson & Eberhardy, CHTD
* Brenda Lee Kretschman
* Lang, Richert & Patch
* LDG Financial ServicesII, LLC
* Leasecomm Corporation
* Legal Recovery Services, Inc.
* LHR, Inc.
* Love, Beal & Nixon, PC
* Scott P. Lowery, PC aka CACH, LLC
* Consumer Credit Association
* Consumer Recovery Associates
* Continental Credit
* Continental Fairways Group
* Convergys
* CPS Investigations
* Credit Collection Service
* Credit One, LLC
* Credit Services, FAIC
* The Credit Store
* Credit Systems International
* Creditors Financial Group
* Creditors Interchange Rcvble Mgmt, LLC
* CRS Capital Recovery Services
* C. Water Recoveries
* Daniels & Norelli, P.C.
* DC Credit Services
* Delta Group aka Joseph, Ortiz & Epstein, LLC
* Asta Funding
* Atlantic Credit & Finance
* Attention, LLC
* Curtis O. Barnes
* Thomas K. Barnford/Timothy L. Elder
* Bass and Associates
* Baumann Law Firm
* Bay Area Credit Services
* Bennett & DeLoney, PC
* Lawrence R. Boivin, Lawyer
* Booth and Associates
* Steven A. Booska
* Boyjian Law Offices
* Bronson & Migliaccio, LLP
* Buffaloe & Associates, Lawyers
* Douglass R. Burgess
* Donald S. Burak, Attorney
* The Bureaus, Inc.
* Edward T. Burke & Associates. P.C.
* First Revenue Assurance
* Law Offices of WC French
* Genesis Financial Corp.
* Go-More Financial, Inc.
* GC Services
* Gemini Recoveries, Inc.
* Giove Law Office, P.C.
* Global Acceptance Credit Company (GACC)
* Global Asset Investigation Services, LLC
* Goggins & Lavintman, PA
* Gulf State Credit
* Great Seneca Financial Corp.
* Greenberg, Grant & Richards, Inc.
* Greenman and Donahue, Inc.
* Hanna, Frederick J. & Assoc.
* John W. Harker CACV
* Harrison Ross Byck, Esq.
* Harry Cohn and Scott M. Miller
* Hosto and Buchan
* DeLoney Law Group, PLLC
* Michael D. Dendy
* DMG Consulting
* Ebbets Partners
* eCast Settlement
* Timothy L. Elder/Thomas K. Barnford
* Elite Recovery Services, Inc.
* Ellis Crosby and Associates
* Encore Capital Group
* Encore Receivable Management
* Endeavor Financial Partners, LLC
* ER Solutions
* Eskanos & Adler, PC
* Estate Recoveries
* Evans Law Offices
* Financial Credit Services
* FBCS Federal Bond & Collection Service
* Federal Credit Corp.
* Federal Credit Recovery/FCR Offices
* First American Investment Corporation
* Business Office Systems & Solutions-BOSS
* CACV aka CACH, LLC
* California Financial Credit Association
* James A. Cambece aka Tough Tony
* Capital Management Services
* Capital Recovery Services Group
* Westmoreland Agency
* Cavalry Portfolio Services, LLC
* Civil Claims Asset Investigative Services
* Client Services, Inc.
* Cohen & Slamowitz, LLP
* CMC Recovery Services, Inc.
* CMKS Holdings, LLC
* Coldata Collection Agency
* Collect America, CACV aka CACH, LLC
* Collect Corp., Inc.
* Collectech Systems, Inc.
* Collins Law Office
* Colonial Credit Corporation
* Commonwealth Financial Systems, Inc.

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Common Violations of Federal Law that a Collection Agency Will Commit Over the Phone

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Being in Collections is Never Fun

Some Phone Tactics that Collection Agencies Use

Know your rights

Collection Agency Harassment: What the Debt Collector Doesn't Want You to Know