NCO has been calling me for over a year now trying to collect a debt I do not owe (my daughter owes the debt); NCO continues to call after I sent a cease and desist (I have letter and certified receipt);
There is no denying that consumer complaints regarding harassment by debt collectors are on the rise. As in previous years, debt related complaints again topped the Federal Trade Commission (FTC) list in 2010. Nor is the harassment trivial.
A debt collector is generally defined under the Fair Debt Collection Practices Act (“FDCPA”) as a person whose “principle business” is the collection of debts or a person who “regularly collects or attempts to collect” the debts of consumers.
There are some debt collectors that have started using social media sites, such as Facebook, to contact debtors about their debts even when they have other means of contacting the debtor.
I defaulted on a car loan back in 1995,but made arrangements to pay what was owed to stay out of court, then in 2003 I received a bill from cavalry portfolio for 19,000 dollars.
The Fair Debt Collection Practices Act (FDCPA) is a federal statute established to ensure that debt collection play by the rules and avoid harassment. This act is enforced by the Federal Trade Commission (FTC) and private litigants.
According to a recent NPR report regarding the student loan debt crisis, the national student loan debt total surpassed the one trillion dollar mark in the Spring of 2012. For millions of Americans, student loan debt is a source of extreme stress with little to no legal protection for the debtor.
In a recent unpublished Fourth Circuit U.S. Court of Appeals opinion, the decision of a district court to grant summary judgment in favor of a debt collector was upheld. In Worsham v. Account Receivable Management, Inc., the brother-in-law of a debtor sued the debt collector because of repeated prerecorded calls to him in an attempt to locate the debtor.
With the increased number of debt collectors, there are also an increased number of scams perpetuated by people claiming to be debt collectors seeking to collect on debts. Some fraudulent debt collectors have attempted to collect on debts that no longer exist or never existed in the first place. The Fair Debt Collection Practices Act (“FDCPA”) provides certain protections and mechanisms to help defuse these unethical and aggressive debt collectors.
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