subject: When Collection Agencies Go Too Far [print this page] Collection agencies are notorious for skirting the law when trying to collect the money that's owed them. Non-English speaking and low income individuals are frequently the target of their illegal and deceptive practices. But anyone who's had an account sent to collection could find themselves their target. If you've fallen victim to any of their shady habits, you do have recourse.
Collectors have been known to falsify documents or pretend to be law enforcement officials to collect money. They have threatened to take personal property if not paid immediately in addition to using profanity and other intimidation tactics. The parents or adult children of debtors have even been harassed into giving payment. None of these behaviors are allowable under the Fair Debt Collections Practices Act (FDCPA) and you can sue the agency and possibly even the creditor if this has happened to you. Especially if the violations were repeated and you have at least one witness. You could even receive punitive damages if the abuse you suffered was particularly bad.
You should let the authorities know if you have been the victim of a collection agency that has broken the law or otherwise overstepped its bounds. Taking decisive action to hold them accountable will help prevent further abuse and could possibly even result in the cancellation of the money you owe.
There are three ways to pursue a complaint about a collection agency. You can contact the Federal Trade Commission, your state Consumer Protection Agency, and/or your original creditor. Your original creditor can be held liable in some cases, so they should be really interested.
To start with, detail the violations committed by the collection agency in a letter you send to your original creditor. Indicate your willingness to fore go potential legal action if they agree to forgive your entire debt and remove any related items on your credit report. Most creditors don't want to avoid any potential damage to their reputation posed by a trial, so this could end the matter.
If you have been the victim of an overzealous collection agency, you are protected under the law. You need to document repeated violations and preferably have a witness. Sometimes just making a creditor formally aware (in writing) of the abuse, may lead to speedy resolution of your debt as most creditors will just want to see the matter go away. Other potential victims, as well as your wallet, could benefit from your action.
