In fighting unfair debt collection practices, many consumers are still left in the dark as to dealing with abusive debt collectors. Each year, the FTC receives hundreds of complaints from different consumers – all regarding offensive acts or unfair treatment of creditors and debt collection agencies.
In reality, a lot of representatives from debt collection agencies are guilty of violating the Fair Debt Collection Practices Act.
If you are experiencing a hard time in the hands of your creditor or debt collector, what can you do?
Recording Phone Conversations with Your Debt Collector
Can you record a telephone conversation with your debt collector to ensure that no unfair or undignified treatment will be done for you? The answer is Yes. Consumers can record phone conversations with a lender or debt collector. Recorded phone calls can used to support your complaint in case of unfair debt collection treatment.
In the United States, the Federal Law allows telephone conversation recordings in all 38 States. This means, a consumer can do so without having to ask permission from the caller. Nevertheless, the 12 other states (California, Connecticut, Delaware, Florida, Massachusetts, Maryland, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington) DO require consent from the other party. If you live in any of the 12 states, remember to inform your creditor or debt collector that the conversation will be recorded for your reference. Such a move can be a great protection against creditors who may resort to harassment to force a borrower to pay.
Aside from recording a telephone conversation, be sure to keep all copies of your correspondence with your debt collectors and creditors. Letters and billing statements sent via registered mail can all be used as references in case of complaint.
Take Legal Action against Debt Collection Abuse
It’s very important for consumers to be aware of their rights as borrowers. You can review the stipulations in the Fair Debt Collection Practices Act by visiting the FTC’s website. (www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf) Read and understand the conditions included in the FDCPA and see if your debt collector is committing a violation.
If so, you have the right to file a complaint to the FTC and your State Attorney General’s Office. The FTC keeps a record of all consumer complaints made to debt collection agencies and if sufficient cases have been filed against your debt collection agency, the FTC has the power to shut down its operations. Meanwhile, the Attorney General’s Office of your State will immediately conduct an investigation and the agency has been found guilty, legal action will be taken.
I am now going to record any calls I get from debt collectors. Some of them are so nasty and I think a few are using tactics that would violate the Fair Debt Collection Practices Act. I also do reverse look-ups on their phone numbers online to find what other people say about how sleazy some of these debt collectors are! It’s not like I don’t know I owe the debts, but I don’t want to be harassed about them.