Entries in FDCPA (3)

Wednesday
09Dec2009

Arizona Consumers Hounded on Discharged Debt.

DateWednesday, December 9, 2009 at 04:34PM

Are you an Arizona consumer who has filed bankruptcy within the past few years?

Are your creditors still trying to collect your discharged debt?

Are your discharged debts still reporting as owed on your credit report?

I am regularly contacted by Arizona debtors who are still suffering the collection harassment the bankruptcy was supposed to stop!  Unfortunately, many creditors sell the debts after they get notice of your bankruptcy. And, the debt-buyers who buy these accounts ignore the bankruptcy and hope you will too.

Sometimes their tactics are subtle, like reporting the accounts as outstanding to the credit bureaus, or sending soft letters suggesting that paying the debt will improve your ability to get new credit.  Either way, they are violating the bankruptcy laws and perhaps the federal Fair Debt Collection Practices Act (FDCPA).

Sometimes they act much more boldly.  When you question the validity of the debt, the creditor or debt-buyer will suggest that perhaps the debt was not discharged in the bankruptcy and that you still owe the money.

The bottom line is that if a creditor, a debt-buyer, or a collection agency makes any attempt to collect one of the debts included in your bankruptcy, they have violated the law.

If you are an Arizona consumer, I may be able to help you stop the collection attempts, and recover damages from these unscrupulous collectors.  I offer a free phone consultation.  

Call me, Floyd W. Bybee, at 480-756-8822

 

AuthorFloyd W. Bybee | CommentPost a Comment |
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Tuesday
23Jun2009

Should I Pursue My FDCPA Claims?

DateTuesday, June 23, 2009 at 03:50PM

Many times I am asked by Arizona consumers whether they should pursue their claims under the federal Fair Debt Collection Practices Act (FDCPA). My answer is usually yes, and always starts with an explanation of the purposes of the Act.

FDCPA Intended to Protect Consumers From Abusive Collection Practices.

Congress stated that the purpose of the FDCPA is to protect all consumers from abusive, deceptive, and unfair debt collection practices. Even though not all consumers who are abused file suit, or even know they have any protection under the law, each individual consumer who does bring a claim under the law adds to the cumulative effect of coercing collection agencies into complying with the FDCPA. Thus, not only do these consumers recover the damages they have personally suffered as a result of the collection abuse, but the collection agencies are more likely to comply with the law in order to avoid similar court actions from other consumers.

Enforcement of the FDCPA also Levels the Playing Field for Ethical Debt Collectors.

Part of the benefit from enforcing the FDCPA, is that ethical collection agencies — the ones who are polite, and truthful, and respectful — are not put at a competitive disadvantage to those agencies who fail to comply with the FDCPA. That may not seem to be much of a benefit to the consumer, but it really is. Almost all Arizona consumers with whom I meet, are not looking for a way to avoid or delay paying a legitimate debt. They just need the harassment to stop so that they can keep their job, avoid filing bankruptcy, and eventually pay the debts they legally owe. So by raising the compliance level of all collection agencies, fewer Arizona consumers are suffering the effects of collection harassment and will ultimately be in a better position to pay the debts they owe.

I Can Help.

If you are an Arizona debtor and are being abused or harassed by a collection agency or other debt collector, find out what your rights are and whether you have any claims.

Feel free to call Floyd W. Bybee at the BYBEE LAW CENTER, PLC (480) 756-8822 to set up a consultation.

AuthorFloyd W. Bybee | Comment2 Comments |
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Tuesday
23Jun2009

ARIZONA CONSUMER SUES NATIONAL CREDIT SYSTEMS, INC. FOR COLLECTION ABUSE!

DateTuesday, June 23, 2009 at 03:27PM

My office recently filed suit on behalf of an Arizona consumer against National Credit Systems, Inc. out of Atlanta, Georgia for violations of the Fair Debt Collection Practices Act (FDCPA) and the Fair Credit Reporting Act (FCRA). The suit alleges that National Credit Systems reported an old apartment debt from 1994 on the consumer’s credit report in 2009, even though it was 15 years old. The consumer first learned of National Credit Systems’ reporting of the account when he was attempting to purchase a used Jeep.

FDCPA Prohibits False Credit Reporting.

The FDCPA prohibits debt collectors from reporting any credit information which it knows is false or which should be known to be false. In this case, National Credit Systems reported that the account was less than seven years old, and that the balance owed on the account was $790,977 — for an apartment lease!

FCRA Prohibits Credit Reporting of Collection Accounts More than Seven Years Old.

Accounts which went into collections or were charged off more than seven years prior cannot be reported on a consumer’s credit report. Here, National Credit Systems reported this account to the credit bureaus even though it was nearly fifteen years old at the time.

Debt Collectors Use Credit Reporting to Coerce Payment for Old or Out of Statute Debts.

It is common to see collection agencies or other debt collectors report to the credit bureaus old debts which are too old to sue on, and too old to be reported to the credit bureaus. They do this by misreporting the date of first delinquency to the credit bureaus so these old account slip onto the credit reports. Many times it is only after the consumer is denied credit that he learns that this misreporting has taken place. That is what happened in this case. His first notice that National Credit Systems reported this old debt to the credit bureaus is when he was told he could not get financing on his Jeep. By then, the damage has been done.

Do You Have Old Accounts Reporting on Your Credit Reports?

If you have not looked at your credit reports recently, you should. You can go to www.annualcreditreport.com to obtain your free credit report from each of the three national credit reporting agencies as provided by recent changes to the FCRA. Review your reports to see if any information is incorrect, or if anyone is looking at your credit report without permission.

Contact an Arizona Lawyer for Assistance.

If your credit reports show any significant errors, contact a local Arizona lawyer. He or she can assist you in reviewing your credit report to determine if your rights under the FDCPA or FCRA have been violated. He can also show you how to dispute the incorrect information with the credit bureaus.

If you believe that your credit report contains any significant errors, feel free to call Floyd W. Bybee at the BYBEE LAW CENTER, PLC (480) 756-8822 to set up a consultation.

AuthorFloyd W. Bybee | Comment1 Comment |
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