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Now what I address in this article is strictly opinion based on personal experience and facts. It is not directed at any one individual or any specific business just those I have had personal experiences with. It may not be applicable to everyone but I am just stating what I have experienced and concerns and what I feel is a somewhat sad occupation if this is how the majority approach their job.
However, I do understand the need for people to pay their debts and I do understand people do try to hide and run from them. Rhetorically speaking perhaps it is the way Collections handle these circumstances that is abusive? However, in my opinion I feel there is a more decent method of collection and resolution that many times goes by the wayside. Evidently these people have been trained or hardened and have come to the opinion to lump everyone into what they call “low life’s". Perhaps they forget the many impacting circumstances that could come into people’s lives or perhaps that doesn‘t matter just the bucks?
Now what makes me come to this conclusion. I just received a call for someone who does not live in my home and quite frankly I should not have to be harassed for. They are adults and it is their business not mine. Here is exactly how it went. The call is picked up “Can I speak to so and so", answer, "there is no one here by that name", reply- "be advised this call is being recorded for legal purposes", my reply “Who are you and why are you calling my home?" No answer, hang up!
Now you may ask can a debt collector contact anyone else about your debt? The answer is yes. However, if you have a lawyer the collector must contact the attorney and not go directly to you. However and this is the catch or hole in the system, they may contact other people, but supposedly only to find out where the person they are looking for lives, what their phone number is, and where they work and usually only once. hat is unless they think you may be hiding information. Then they can call as many times as they want to.
Ok lets go back to the prior paragraph concerning the call to determine if this collector did any of the following?
Did they identify themselves by name and agency? NO.
Did they open by stating they are confirming or correcting location information concerning the consumer thye are looking for? NO
Did they reply when asked who they were? NO
The answer is NO and they are in violation of the law. However, what can you do. The answer is nothing, ziltch, NADA, They most likely will not leave a number even if you have Caller ID. The Police, Telephone Company and FTC need this to do anything at all. So they have a loophole in the law and they will use it as often as they like. That brings us to the next issue of what in my opinion is harrassement.
Supposedly, a debt collector may not harass, oppress, or abuse any person in connection with the collection of a debt by having the telephone ring or engaging repeated telephone conversation or continuously with intent to annoy, abuse, or harass any person at the called number when they ahve been advised to stop calling. That is if they are only a Debt Collector and not the party you owe the money to. You must note -
( even if they call you all day long every five minutes, it is ok with the State of Florida if they are a business you owe money to trying to collect a debt and not an agency).
However, in my opinion proof of the pudding is in the actions and yes, it’s a sweet world we live in full of people who profess values, character, morals and faith and only doing their job. They can harass the sick and people struggling or under duress and it is perfectly ok.
So what is left? Here is what in my opinion we citizens can do. Write your legislators if you have had this happen to you, email them or call them until they change the law. The more frequently they get letters, emails and calls the more likely they will finally do something and stop treating thesein my opinion unsavory types, who are above decency as good individuals.. As for those Bill Collectors who work in this manner we must all pray for these individual people because in my opinion they have serious personal issues. I really feel sorry for them. I do not fault the need just the approach. For those who do observe the law and still have compassion, thank you for the decent approach.
Here are my recommendations which i have sent to all my l;egislators, Federal and State.
Here is what I think is acceptable and certainly not unreasonable.
1- They must leave their telephone number.
2- State their full name and employee ID
3- The must state the "correct" organization they represent.
4-They cannot block their telephone number on the caller ID.
This does not negate their ability to call it just forces them to act responsibly. certainly in this day and age when we don’t know who is seeking our ID.
PS: update- when I wrote my legislator the answer from their staff was" whats the use of legislation it is ignored".
Robert T. Melaccio Sr. Copyright ©2006 Robert Melaccio |
