Woman sues debt collector over husband's death

[csziggy]

Woman sues debt collector over husband's death
By Rich Phillips, CNN
December 10, 2009 11:57 a.m. EST

Tampa, Florida (CNN) -- Dianne McLeod recalls her husband, Stanley, getting so visibly upset when the debt collectors called that she had to take the phone away from him. She believes constant harassing phone calls and other tactics eventually killed him. "I think they were a major contributor to his death because of the stress and what I saw it doing to him," she said. McLeod is suing her mortgage company, Green Tree Servicing, for the wrongful death of her husband. McLeod said she thinks he would be alive if not for the stress caused by Green Tree's debt collectors. She said they sometimes called up to 10 times a day and also called the McLeods' neighbors.

<SNIP>

Debt collection is regulated by the U.S. Federal Trade Commission, which forbids harassing consumers. Companies can be fined $16,000 per incident. This year, as the economy plunged, consumer complaints shot up. More than 45,000 complaints had been received by the FTC through the end of June, up about 20 percent over last year.

<SNIP>

The FTC said it receives more complaints about debt collectors than any other industry. Complaints are also filed directly with attorneys general in all 50 states, which can open state investigations. Of the 45,000 complaints received by the FTC in 2009, the agency opened one investigation.

More: http://www.cnn.com/2009/LIVING/12/10/debt.collector.lawsuit/

[depakid]

1. "the agency opened one investigation."

Yet another Obama administration FAIL.

The longer this goes on- the more likely it becomes that we're seeing a one term president in action.

[csziggy]

5. Chances are the FTC has been ignoring complaints for year

But I am disappointed that the Obama administration has not done more to strengthen consumer protection on this and so many other issues.

I am not anxious for Obama to be a one term president. If he is, the Democratic Party, liberals and progressives would have little chance of having a successful candidate in 2012. I am afraid we would be looking at another Reagan/Bush run which would further damage the country.

Personally, I think we all need to keep yelling at Obama and our Congress critters to get their shit together, grow some balls and backbones and get the damn mess the Republicans left us with cleaned up. If we can make the Democrats do what we voted for them to do, we would have a better chance of moving the country leftwards. And I seriously believe that is the only chance this country has to survive.

[maglatinavi]

2. collectors

1 out of 45,000??? That is criminal...

[Vinnie From Indy]

3. Fucking jackals!

one case!

[csziggy]

6. That is why I emphasized that sentence.

The most common complaint with over 40,000 separate cases and they only investigated ONE fucking case.

Here is who to complain about:

Jon Leibowitz, Chairman - Jon Leibowitz was designated to serve as Chairman of the Federal Trade Commission on March 2, 2009, by President Barack H. Obama. Leibowitz was previously sworn in as a Commissioner in September 3, 2004, following his nomination by the President and confirmation by the U.S. Senate.

Pamela Jones Harbour, Commissioner - Pamela Jones Harbour, an independent, was sworn in as a Commissioner of the Federal Trade Commission August 4, 2003, to a term that expires in September 2009.

William E. Kovacic, Commissioner - William E. Kovacic has served on the Federal Trade Commission since January 2006, and served as Chairman from March 2008 until March 2009. Kovacic was the agency’s General Counsel from 2001 through 2004, and he worked for the Commission from 1979 until 1983, initially in the Bureau of Competition’s Planning Office and later as an attorney advisor to former Commissioner George W. Douglas.

J. Thomas Rosch, Commissioner - J. Thomas Rosch was sworn in as a Commissioner of the Federal Trade Commission January 5, 2006, to a term that expires in September 2012.

http://www.ftc.gov/commissioners/index.shtml

Every damn one of them was originally appointed by Shrub. That is all I need to know.

From the FTC 2000 report:
Most of the Commission's information about how debt collectors are complying with the Act comes from consumers.(3) More consumers complained to the Commission about third-party collectors than about any other industry in 1999. Approximately 11,800 consumers complained about third-party collectors, 2,000 more than complained about the second-place finisher, credit bureaus. The Commission continues to believe that the number of consumers who complain to the agency represents a relatively small percentage of the total number of consumers who actually encounter problems with debt collectors.

<SNIP>

The Commission staff is currently conducting a number of non-public investigations of debt collectors to determine whether they are or have engaged in serious violations of the Act. In addition, there have been significant developments in several Commission enforcement actions.

http://www.ftc.gov/os/statutes/fdcpa/fdcpa2000rpt.shtm

[Q3JR4]

4. Well....

Under the http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf">Fair Debt Collection Practices Act a debt collector may not:
*Contact consumers by telephone outside of the hours of 8:00 a.m. to 9:00 p.m. local time.
*Cause a telephone to ring or engaging any person in telephone conversation repeatedly or continuously: with intent to annoy, abuse, or harass any person at the called number.
*Communicate with consumers at their place of employment after having been advised that this is unacceptable or prohibited by the employer.
*Misrepresent the debt or use deception to collect the debt, including a debt collector's misrepresentation that he or she is an attorney or law enforcement officer.
*Seek unjustified amounts, which would include demanding any amounts not permitted under an applicable contract or as provided under applicable law.
*Threaten arrest or legal action that is either not permitted or not actually contemplated.
*Use abusive or profane language in the course of communication related to the debt.
*Reveal or discuss the nature of an individual's debt with a third party (other than the consumer's spouse or attorney).
*Report false information on a consumer's credit report or threatening to do so in the process of collection.^{http://en.wikipedia.org/wiki/Fair_Debt_Collection_Practices_Act">*}

Furthermore a debt collector must identify themselves to the consumer as a debt collector, give the name and address of the original creditor, notify the consumer of their right to dispute the debt, and provide verification of the original debt. If you, as a consumer, send written communication to the debt collector requesting them to verify the debt, they must cease all debt collection activities until they mail you the requested documentation. If you as a consumer send a written notice to the debt collector to stop contacting you they have to do it with a couple of exceptions. They can tell you that they are terminating the debt collection activities, or they can inform you that they are taking you to court (provided they ARE taking you to court).

The best part is that if a debt collector does any one of the items on the DO NOT DO list, you have the option to sue them in court (yay http://law.freeadvice.com/resources/smallclaimscourts.htm">small claims court). The FDCPA is a strict liability law, which means that a consumer need not prove actual damages in order to claim statutory damages of up to $1,000 plus reasonable attorney fees if a debt collector is proven to have violated the FDCPA.

If you happen to live in a http://www.aapsonline.org/judicial/telephone.htm">one party consent state that means that you can record your conversations (including telephone conversations) and use them in the small claims court case in your state without securing the other party's consent. This is why in two party consent states (like Washington) the police have to ask for your permission before recording the call.

http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtm has more information from the FTC (the agency who's job it is to enforce the FDCPA).

Q3JR4
The preceding was not vetted by an attorney. Q3JR4 has read a lot on this particular issue because it interests him but could ultimately, and admittedly, be completely wrong. Take the advice at your own risk and expense. Regardless he would like to add: YOU ARE NOT POWERLESS

[ljm2002]

7. Normally I would be dubious of such a case...

...but if indeed they called 10 times a day and even called the neighbors, then I hope she wins a s***load of money off the ruthless bastards.

[cutlassmama]

8. I agree. I hope she can prove that they did. She's got a good case if she can