Hi!
Welcome to CreditRage 33. In this episode I will discuss:
Settlements
Thoughts on Federal FDCPA and FCRA suits
Methodologies for fighting debt collectors
Could you go to jail?
Breaking the chains
Administrative process and processes
Let me know if you have any questions or comments.
Fight the Essential Fight, Boiler
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I’d like to send in NCLC or Nolo or some other watchdog to study recent FDCPA cases and test for your theory of a more active defense across the industry. Certainly the collector side has shown more signs of concern as loss mitigation is made increasingly difficult by consumer education. Last summer, in response to the CFPB opening its floor for comments, InsideARM began testing consumer complaints to the FTC to see how many they can hold up and ridicule as misfiled and frivolous. They had pretty much declared early victory based on the first two months of data, implying strongly that the industry has no problem apart from a warped public perception.
I suspect the prevailing condition is as you’ve postulated: Scofflaw collectors have gone mostly unchallenged for so long that they think their hostile, misleading, and unfair practices are somehow “normal”. They play the wounded bird, shocked and affronted when they have to be dragged in front of a judge simply for help in reading the big words in the FDCPA, FCRA, TCPA, Rosenthal Act, FCEUA, Florida CCPA, Wisconsin Consumer Act, et al.
That’s the chain we have to break, a restraint made of attitude that the predators must always win. I’ve said it before and will some more, that nothing kills a person’s rights faster than apathy. The entire junk debt collection model rests on lack of resistance to abusive phone calls and fatally defective lawsuits. Naturally these players throw a tantrum the moment we threaten to derail their gravy trains. Law enforcement, they weep piteously, is a burdensome impediment to hard working, job-creating, god-fearing extortionists who otherwise might have to take a job rolling drunkards for pocket change at a bus terminal.
It’s like the old joke, “When morale improves the beatings will stop”. While we do nothing to protest and make lawbreakers suffer, while we drop complaints into a regulator’s box and wait for others to mount a rescue, the abuse is permitted and soon declared just another fact of financial life.