Pocono News Section

Laws Protect Debtors From Abusive Collection Calls

Laws Protect Debtors From Abusive Collection Calls - Thursday, February 4, 2010 at 5:33PM EST

Reported by: Jeff Chirico
Thursday, Feb 4, 2010 @ 05:33pm EST
DELAWARE TOWNSHIP, PIKE COUNTY --We're about to play recordings of debt collectors harassing consumers. You may find these tactics disturbing. They're also illegal. Consumer investigator Jeff Chirico is here with more on what your rights are.

As you're about to hear, some collectors turn to intimidation and bullying to get you to pay a debt. But there are laws to protect you from this --and limit who collectors can call, when they can call and what they can say.

"First of all ma'am, that was ignorant. But I wouldn't expect anything less from you because you are totally ghetto." That is the voice of a debt collector harassing a consumer over the phone. We found these examples on YouTube. "I'll put your ____ ass in jail."

Abusive collection tactics are on the rise. The most recent numbers from the Federal Trade Commission show those complaints nearly doubled in 2008 to more than 27,000. “To say this is widespread is a gross understatement," says attorney Craig Kimmel.

"They were calling 5,6,7 times a day. Not leaving messages. Just hanging up." Tina Edwards of Dingman's Ferry, Pike County doesn't have inflammatory recordings like the ones we heard. But she says collectors kept calling. Sometimes predicting her truck could be repossessed any day. "I felt threatened by it. You're looking out the door. When are they coming."

"Don't let anyone harass you on phone or mail in home," says Kimmel, partner of Kimmel and Silverman in Ambler. He says consumers have rights.

Under the Fair Debt Collections Practices Act, collectors:

Can't call before 8am or after 9pm.
Can't use profane or abusive language.
Can't threaten jail time or pose as law enforcement.
Can't call repeatedly in a short period of time.
Can't contact you at work if you tell them not to.
Can't contact your employer.

Kimmel says “if any one of these things are happening, don't tolerate it. Hang up, make a note of what’s been said. Write a letter if you have an address and tell them to cease and desist." Kimmel says consumers have a right not to talk to collectors at all.

"I guarantee I'll wake up every neighbor in your building. Ok? I'll let everybody know you don't know how to pay your bills. "

Tina's calls weren't as abusive as that one --but she says all calls stopped...once she contacted an attorney. "It caused me stress. It caused my husband stress”

If a collection agency violates this law, they can be forced to pay up to a thousand dollars to the debtor and the debtor's attorneys fees. That's why some consumer attorneys take on these cases without a contingency.

For information about Attorney Kimmel's practice, go to