Bill Collectors: First...Respect.

["Pop" Stran]

You may have noticed as I have that the language and feel of a collector's phonecall differs from the letter you received.

The reason for this is two-fold;
First, putting unkind or even abusive words into writing opens Pandora's box with regard to legal ramifications and liabilities.
Those letters are meticulously crafted to steer clear of any grey areas within the wording of the applicable laws.

The second reason for the difference is a spin-off of the first reason, ie: A phone conversation is a candle in the wind, and you can't produce it in court as evidence nearly as easily as a letter.

Therefore, many collectors will feel much more freedom with their use of language, aggression, and the law's grey areas.*
Most people in general feel much braver when talking to a stranger over the phone, and will more easily become arrogant and aggressive than if the conversaton were taking place in person.

*For the record; Our lawmakers do not intentionally place "grey areas" within the laws they draft... These "maybe zones" are created by the industry that the laws were intended to govern. Many companies feel that these laws are a restriction, and they look for ways to push the limits...to squeeze out a little grey area between the letter of the law and their current practices.

According to the 1991 Phone act, and more appropriately the recently updated Fair Debt Collection Practices act, the first right afforded to you as the debtor is RESPECT.

You should of course reciprocate this to every caller.
As I tell my children, "Respect is one of those gifts that you must give in order to receive"...and in the field of debt collections, you can expect and should demand that it be given.
Keep one simple and fundamental point in mind at all times: It's just business...It's not personal.

When a collector makes it personal, and attacks your self-respect or credibility, they have crossed the line between good business and illegal activities.

They can NOT use such terms as dead-beat, swindler, bankrupt, repossession, poor, broke, cheater, or any of the hundreds of insults that target your self-respect, with the intention of sparking an emotional (personal) response from you.

They also can NOT threaten you in any way, including implying that they can/will call your neighbors, your employer, or the stores that you visit with the intention of embarrassing you or shaming you into paying the debt.

Have you ever gotten one of those collector-calls at 11:30 PM just as you were drifting off to sleep...or at 5:15 AM, and hour before you were to get up for work?
That was an illegal practice.

How about the harrassing calls every 10-20 minutes from a collector?
Again, Illegal.

The Fair Debt Collection Practices Act (FDCA) restricts contact times to the 8AM-9PM window, without exception.
Any and all aspects of the collection practice are governed by the FDCA including the private collectors, agency employees, and even the field agent that drops by your house when the last few letters & calls went unanswered.

The FDCA also prohibits intentional public embarrassment, harassment, and abuse.

To take a closer look at the online version of the Fair Debt Collection Practices act, check out this link to the FTC's website:

www.ftc.gov/os/statutes/fdcpa/fdcpact.htm

Later,
Pop.

* * * * * * *

JB "Pop" Stran owns and operates the Stran Field Services company, providing specialized offerings ranging from skip-tracing to field-chases (delinquency interviews) for clients nationwide.
The local branch, Pop's Field Services specializes in auto-loan collections within the MD, PA, VA, and WV markets.

Our motto is and has always been,
" Direct, with Respect".

[Pitt]

A few points, if you will;

Callers who block their name, company, and/or number from the Caller ID have already shown a dis-respect by choosing to remain annonymous, and answering one of these calls should include a pen and notepad.
Allow the caller 2 minutes or 2 trys to satisfactorily identify themselves, and if it fails simply hang up...no further drama is needed.

As a guest in your home (regardless whether they entered by the front door or the telephone) thier first and most important gift should be respect.

And by NO Means do you confirm for them that you are the person they are attempting to call...answer that question with another question of your own...It's rude of course, but it works.
...Respect is a two-way street, and they called you first.

PS: for the next few days, refuse to answer any call that is blocking thier Caller ID.

The FDCA forbids collectors from explaining the debt to anyone other than the debtor, and it's for this reason that they refuse to give details to you until you confirm your identity.

This is a nice little "tripping stone" if you've got the nerve to use it.

When asked,"Is this Jane Smith?" by the caller, reply with something similar to,"That depends on who's calling..."

This is his que to identify himself and the company he's calling for, and the professional will do just that...but often a collector will slip (mainly because he thinks you're being a smart-ass) and run straight into the details of the debt.

When he's finished hanging himself with his own arrogance, you ask for his supervisor's name and number.
Wait 5 minutes to call, and explain to the boss that the collector has just traumatized your 13-year-old daughter by first explaining your (supposed) debt to the minor, and he then left the child with the impression that her Mom is a deadbeat who is going to debtor's prison.

You may be shocked at how quickly the calls from this collection agency will cease...and a bonus would be a call from the originator of the loan/account stating that the debt has been forgiven.

["Pop" Stran]

* Interesting side note #1:
A few years ago, about the time this post was originally drafted, I had a rather rude collector calling me on a regular basis. The debt was legit to a small degree (I owed about 30% of the amount stated, and refused to pay the inflated fees, so it went into collections), and I was expecting the calls.
The caller was a woman with a distinct Southern accent, and the diplomatic people skills of a Neanderthal hunter. She was clearly operating within the Wrestlemania mindset.

By her third call I had started pushing her buttons, and with the recorder running I got her to call me every name her weak little mind could fathom, and a few expletives for good measure.
After thanking her and hanging up, I called the collection company's CS line and played the recording for the office manager, who apologized for the episode and promised to investigate.

Three days later I got a letter from the collection agency stating that;
A, the employee has been relieved of her duties as a collector, and
B, my debt has been paid in full and excused by the creditor.

The moral of this story?
Owing a debt may feel like a personal problem, but collecting on that debt is a professional business to be performed in a professional manner, by professionals.
This is guaranteed to you by federal law.

These facts entitle you to respect and dignity, as well as fair compensation if those laws are violated.