Facing Debt Collector Harassment? Complain to the FTC
Facing Debt Collector Harassment? Complain to the FTC
If you've been the victim of illegal debt collection practices, it's important to contact a fair debt attorney. Equally important, though, is to file a complaint with the Federal Trade Commission, either by calling its toll-free hotline or through its online complaint form. According to the Fair Debt Collection Practices Act, the Federal Trade Commission is mandated to report to Congress each year about the agency's efforts to protect consumers from illegal debt collection practices. The FTC's recently released 2011 report highlights a disturbing trend: the number of complaints against debt collection agencies continues its upward trajectory.
The FTC receives more complaints about the debt collection industry than it does about any other industry. Overall, the number of complaints against all types of collectors (both in-house and third-party) increased. The FTC received 140,036 complaints during 2010, an increase over the 119,609 it received in 2009. Moreover, debt collection complaints constituted 27 percent of all complaints received, as opposed to 22.8 percent in 2009.
However, the complaints against in-house debt collectors (those that are employed by an original creditor) pale in comparison to those against third-party debt collectors (those who collect on behalf of the original creditor or who collect on behalf of debt buyers). The FTC received 108,997 complaints about third-party collectors in 2010, an uptick from 2009's 88,326 complaints. Complaints about third-party collectors constituted 21 percent of all complaints to the FTC, which include those from a variety of industries. Those are big numbers.
The report also addresses specific behaviors prohibited by the Fair Debt Collection Practices Act and details the number of complaints for each. Because some consumers are victims of more than one type of illegal behavior, the FTC may report multiple alleged violations for each complaint. The number one complaint in 2010 (and in 2009) was calling consumers repeatedly or continuously. A full 49.7 percent of complaints were about debt collector harassment via telephone. The remainder of the harassment-related complaints were regarding the use of abusive or profane language, calling before 8:00 a.m. or after 9:00 p.m., or collectors' threatening to use violence. This last category of complaints is quite disturbing, as the number of complaints about threatened violence increased from 2,519 complaints in 2009 to 4,182 in 2010.
Another category of FDCPA violation has to do with debt collectors trying to collect more money than is owed. The FTC reports that 30.4 percent of FDCPA complaints related to collectors "misrepresenting the character, amount, or legal status of a debt," and that this was the second most frequent complaint. In addition, 10,614 complaints related to collectors attempting to collect interest and fees that were not owed.
In addition, the FTC received 32,477 complaints that debt collection agencies didn't send consumers a written notice outlining the amount owed and the creditor to whom it was owed. Most importantly, the required written notice informs the consumer that he or she has 30 days to dispute the debt in writing. If a consumer isn't aware of his or her rights to dispute a debt, the window of opportunity closes, and the consumer is in an untenable position.
This is just the tip of the proverbial iceberg. The FTC is required to track the number of consumer complaints against debt collection agencies and uses complaints as a basis for their enforcement actions, so make your voice heard. When you do, you're helping to prevent other consumers from being victimized by unscrupulous debt collectors.
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