InsideARM.com, a debt collection industry publication, recently announced the launch of “The Complaints Issue,” a site that purportedly “delves deep in the topic of consumer complaints against debt collectors.” Although the site doesn’t have much content yet, it’s fascinating to see how the debt collection industry spins the exponential increase of consumer complaints. For example, it notes that, between 2007 and 2009, there was a 1612.5 percent increase in the number of consumer complaints about debt collectors failing to identify themselves when making debt collection calls. Yet instead of calling out debt collection agencies to do a better job policing their employees, the article asserts, “…it might have something to do with consumer attorneys and Web sites.” Huh?
Even more interesting is a graphic about the increase in the number of other types of Fair Debt Collection Practices Act consumer complaints. While the failure of a debt collector to properly identify himself did rank first, there was a 1067 percent increase in complaints about debt collection agencies that did not send written notices and a 1019 percent increase in complaints about debt collectors who threatened violence. That’s significant.
The new minisite does offer some constructive advice to debt collection agencies, such as telling them to record all calls, fire debt collectors who violate the FDCPA, and institute bonuses for employees that comply with the FDCPA and don’t generate complaints. We think that debt collection industry publications should spend more proverbial ink on this kind of guidance, and less on placing the blame on consumers and their attorneys when they try to hold debt collectors accountable for violating the FDCPA.
Most states’ debt collection laws either mirror the federal Fair Debt Collection Practices Act, or largely consist of licensing laws. Texas is one notable exception. The state has fair debt collection laws that are tough on debt collectors, and the Texas Attorney General, Greg Abbott, is putting those laws to work.
Attorney General Abbott recently announced that he has charged American Home Mortgaging Service (AHMS) with violations of the Texas Debt Collection Act and the Texas Deceptive Trade Practices Act for allegedly using “aggressive and unlawful tactics to collect payments from Texas homeowners who had difficulty meeting their payment obligations.” The case also alleges that AHMS didn’t credit some who made payments on time, and falsely claimed that others didn’t make payments in order to charge late fees. This sometimes led to foreclosure proceedings.
We’ve often discussed the trend of debt collection agencies using taxpayer-funded court systems as a primary tool in their debt collection arsenal. Thankfully, states are catching on and are putting a halt to the practice. The Maryland Commissioner of Financial Regulation recently announced that the state had settled with Worldwide Asset Management and its affiliated companies for alleged violations of the Maryland Collection Agency Licensing Act, the Maryland Consumer Debt Collection Act, the Maryland Rules of Civil Procedure, and the federal Fair Debt Collection Practices Act. Worldwide Asset did not admit to any wrongdoing, but agreed to pay $85,000.
According to Deputy Commissioner Mark Kaufman, “As collection agencies have turned to litigation as a core business strategy and filed tens of thousands of suits statewide, we have seen significant problems with the practices that are employed. Consumers often fail to contest these lawsuits or are unaware of their rights, so regulatory oversight of litigation-related debt collection activities is an important protection.”
Kudos to Maryland for working to keep debt collection agencies in line.