Today I battled a debt collector who was harassing one of my clients. I enjoyed myself, and I tend to when I know I am right. I am waiting for authority from my client to sue them. Here’s why:
My clients retained me to seek bankruptcy. They told the creditor (Discover Card) – and this collection agency (Nationwide Credit) that I was their attorney and to call me. They did, and on July 17 (shortly after they left a message seeking confirmation of retainer) I called and spoke to them and confirmed representation. But today, they called my client – and told my client that I never returned their call. They also told my client they were going to continue to call her until I returned the call. My client was troubled by this, since it’s my job to help her and her family get through this tough financial time.
So I called and spoke to the collector. She was a peach. She told me they the company never heard from me, and then in the same sentence, acknowledged that “my name was in the system” – and spelled incorrectly (McLeon). I called her out on that and said “if my name is in the system, then clearly you know I am her attorney. Why are you calling my client.” Her reply was that if I would “do my job and return the call” they would not bother my client. Can you sense how that my got my blood to boil?
I then relayed that on July 11 at 11:39 am, I spoke with NationWide Credit and confirmed representation and my contact information. Fortunately, we document those calls. She read me her phone notes – which were remarkably different: their notes stated that they called me in July and I didn’t return the call. I told her that the problem was with her phone notes – and not mine. Fortunately, my client also documents her phone calls as well.
The collector then thought she could put on her tough-girl hat and out shout me. There is a segment of the populous that believes that screaming is an appopriate means of communication; if you scream, you will successfully prove your point. Obviously, this is not true. She was rude, crass, and frankly had a poor mastery of the English language (I think she said something like “I got no notes that say that”…and yes, I had fun with that too). She was out of control. I think she likes her job. I imagine that only someone with low self-esteem who enjoys yelling at people while safely behind a telephone line several states away would want her job. I imagine it helps her feel much bigger than she can ever hope to be.
This lovely collector (whose name claims to be “Terry”) violated an important aspect of the Fair Debt Collection Practices Act. Title 15, Section 1692(a)(2) prohibits contacting the consumer when they know the consumer is represented by counsel.
These events came a day after a report from the Center for American Progress that the government is not doing enough to enforce the Fair Debt Collection Practices Act. Clearly, that’s true. Not only has the Boston Globe’s recent series confirmed that, but the attitude of the collector at Nationwide credit also confirmed it. If they can get away with it, they will do it again and again.
I know my client has a lot on her plate, but I do hope she gives me the authority to sue. Because if the government is not doing anything to stop this unlawful conduct, the only way these collectors will learn is through lawsuits filed by attorneys like me. And unless people fight back, there will not be any real change.
Related posts:
Bill – I have also had the pleasure of talking to irrational and rude bill collectors. Several years ago, I had a client for whom I had filed a Chapter 13 to stop a repossession. Shortly after the filing, the car was repossessed.
When I called the car dealer (a buy-here/pay-here dealer), the owner told me in no uncertain terms that he “didn’t give a sh*t about no bankruptcy and that he was going to go get his f**ing car no matter what some a***hole judge said.
Unfortunately for him, I recorded that conversation and when his attorney called me the next day, I suggested that the bankruptcy judge might find his client’s attitude somewhat unsettling. Needless to say, we got the car back fairly quickly.
Bill, I would only add that debtors can help themselves by (a) saving all written collection materials sent to them, (b) recording bill collector phone calls – assuming that such recording is legal in their State and (c) recognizing what is going on – that the bill collectors are trying to intimidate and harass – and not to fall prey to the harassment.
Jonathan Ginsberg
Atlanta, GA
Bill Responds>:
Hi Jonathan,
There is nothing unlawful about keeping recordings of voicemails or of tapes in answering machines. As for recording the conversations, in Massachusetts you cannot tape record conversation without the express permission of the caller on the other end of the call. Unless Massachusetts debtors get permission, my recommendation is to keep a notebook right next to the phone and get detailed notes. Also, it’s helpful to get Caller ID – it may be helpful to take a photo of the Caller ID screen which will show the date and time of the call(s).