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		<title>Bad Collecting Practices We Don&#8217;t Follow</title>
		<link>http://altavida.com/2011/06/28/com-vs-co/</link>
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		<pubDate>Tue, 28 Jun 2011 02:57:39 +0000</pubDate>
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		<description><![CDATA[Complaints about debt collectors are pouring into a federal database that tracks allegations of illegal late-night phone calls, arrest threats and other abuse. But few of the complaints are likely to result in enforcement actions. Enlarge Image The debt-collection industry, booming as many Americans struggle to catch up on their payments or walk away from [...]]]></description>
			<content:encoded><![CDATA[<p>Complaints about debt collectors are pouring into a federal database that tracks allegations of illegal late-night phone calls, arrest threats and other abuse. But few of the complaints are likely to result in enforcement actions.</p>
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<p>The debt-collection industry, booming as many Americans struggle to catch up on their payments or walk away from what they owe, was the subject of a record 164,361 complaints through Dec. 8 of this year, according to the Federal Trade Commission. The total is 17% higher than the 140,036 debt-collection complaints the FTC got for all of 2010.</p>
<p>Since the start of this year, though, the FTC has launched just four enforcement actions against debt-collection firms under the primary federal law used to oversee the industry. From 2005 to 2010, the average was two cases a year.</p>
<p>The actions often target companies that are responsible for hundreds, if not thousands, of consumer complaints.</p>
<p>The agency usually goes after debt collectors by filing lawsuits against companies in federal court. Officials also can levy fines and demand that violators reimburse consumers for any money that was obtained illegally.</p>
<p>FTC officials said the small number of enforcement actions against debt collectors is a misleading barometer of its determination to punish violators. J. Reilly Dolan, acting director of the agency&#8217;s financial-practices division, said in an interview that the FTC &#8220;is cracking down on abusive collection practices and directs its resources to go after some of the largest debt collectors.&#8221;</p>
<p>In March, the FTC announced its largest civil penalty against a debt collector in U.S. history. West Asset Management of Omaha, Neb., agreed to pay $2.8 million to settle accusations that included threatening to arrest people who owed money.</p>
<p>West Asset Management, a unit of West Corp., neither admitted nor denied wrongdoing as part of the settlement. The company declined to comment.</p>
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<p>Mr. Dolan added in a statement that the FTC is conducting &#8220;an inquiry of the debt buying industry&#8221; that includes the &#8220;quality of information&#8221; in lawsuits filed against borrowers.</p>
<p>He declined to be more specific, but law-enforcement officials in several U.S. states have accused some debt buyers of submitting incomplete, sloppy and even fraudulent documents in courts as proof of what a borrower owes. Such companies purchase batches of soured loans in bulk, often for pennies on the dollar, and then try to collect.</p>
<p>Still, J. Howard Beales, who led the FTC&#8217;s consumer-protection bureau from 2001 to 2004, said the recent jump in complaints against debt collectors should have triggered an increase in enforcement actions, despite the agency&#8217;s limited resources. He now is a marketing and public-policy professor at George Washington University.</p>
<p>The number of debt-collection complaints is surging even though the mountain of overdue bills is shrinking. As of Nov. 30, a total of $96.8 billion in auto loans, credit cards and other unsecured consumer-finance debt was at least 60 days past due, down 19% from $119.5 billion at the end of 2010, according to data from <a href="http://online.wsj.com/public/quotes/main.html?type=djn&amp;symbol=EFX">Equifax</a> Inc. and Moody&#8217;s Analytics.</p>
<p>Debt collectors are regulated under a patchwork of state and federal laws. U.S. oversight is shared by the FTC and Consumer Financial Protection Bureau.</p>
<p>The Fair Debt Collection Practices Act dictates how debt collectors can contact consumers behind on their bills. Late-night phone calls are illegal, as are physical threats and repeated calls after the collector has been asked to stop calling.</p>
<p>This year&#8217;s number of complaints made to the FTC about debt collectors won&#8217;t be publicly released until early next year. The agency disclosed the total as of Dec. 8 to The Wall Street Journal following a public-records request. The Journal also obtained individual debt-collection complaints from the FTC.</p>
<p>The tally includes complaints received by mail, phone and online. On the FTC&#8217;s home page, a brown button near the top encourages consumers to &#8220;Report it to the FTC,&#8221; steering them through a form that concludes with: &#8220;We have received your complaint.&#8221;</p>
<p>People who file complaints with the FTC get a toll-free phone number for follow-up questions and are encouraged to contact state regulators.</p>
<p>The agency compiles information from consumers, law-enforcement officials, the Better Business Bureau and other sources in a database called Consumer Sentinel, which now holds about 6.1 million complaints.</p>
<p>The FTC&#8217;s enforcement statistics don&#8217;t include actions taken by more than 2,000 other law-enforcement agencies that have access to the Consumer Sentinel database, which purges complaints after five years. Mr. Dolan said those agencies tap the database hundreds of times a week, but the FTC doesn&#8217;t keep track of resulting prosecutions, financial penalties or other actions.</p>
<p>Some lawmakers complain that the database is a waste of money. &#8220;Collecting information is important,&#8221; said Rep. Jo Ann Emerson (R., Mo.), a member of the House Appropriations Committee, in a statement. &#8220;But acting on that information is at the heart of the FTC&#8217;s responsibility.&#8221;</p>
<p>FTC officials wouldn&#8217;t comment on the database&#8217;s cost. Last year, the FTC spent an estimated $12 million, or about 4% of its operating budget, on items that include the complaint database and National Do Not Call Registry.</p>
<p>Thomas Maronick, a former FTC director who now is a marketing professor at Towson University in Maryland, said he worried when the database was being developed that it would expose the FTC to disappointment. &#8220;It creates the impression among consumers that a single complaint will result in regulatory action, but that is not how things work,&#8221; Mr. Maronick said.</p>
<p>Mr. Dolan said officials target their enforcement firepower so it will have the maximum impact on consumers and a strong deterrent effect on other debt-collection companies. The FTC also uses the database to spot new problems before they spread more widely, he added.</p>
<p>The biggest subject of complaints so far this year has been <a href="http://online.wsj.com/public/quotes/main.html?type=djn&amp;symbol=PRAA">Portfolio Recovery Associates</a> Inc., a buyer of distressed consumer debts. The FTC got 2,641 complaints about the Norfolk, Va., company through Nov. 15, a 15% increase from 2,292 during 2010. The company declined to comment.</p>
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		<title>Unproductive Social Media Use</title>
		<link>http://altavida.com/2011/06/28/whats-in-a-domain-name/</link>
		<comments>http://altavida.com/2011/06/28/whats-in-a-domain-name/#comments</comments>
		<pubDate>Tue, 28 Jun 2011 01:12:41 +0000</pubDate>
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		<description><![CDATA[Melanie Beacham, who had fallen behind in her car payments, wanteddebt collectors to leave her alone. MarkOne Financial representatives had emailed her, texted her and called her at home, on her cell and at work — 23 times in one day, according to a lawsuit she filed in Pinellas Circuit Court. And, a MarkOne employee going [...]]]></description>
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<p>Melanie Beacham, who had fallen behind in her car payments, wanted<a id="itxthook0" rel="nofollow" href="http://articles.orlandosentinel.com/2011-04-17/news/os-law-and-you-facebook-20110417_1_debt-collectors-mark-schiffman-jeff-happenstance#">debt</a> collectors to leave her alone.</p>
<p>MarkOne Financial representatives had emailed her, texted her and called her at <a id="itxthook1" rel="nofollow" href="http://articles.orlandosentinel.com/2011-04-17/news/os-law-and-you-facebook-20110417_1_debt-collectors-mark-schiffman-jeff-happenstance#">home</a>, on her cell and at work — 23 times in one day, according to a lawsuit she filed in Pinellas Circuit Court.</p>
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<p>And, a MarkOne employee going by the name of Jeff Happenstance sent a message to the St. Petersburg woman and her friends on Facebook, the suit said.</p>
<p>That turned out to be a precedent-setting no-no. A judge ruled last month that MarkOne can no longer contact Beacham, her family or friends on Facebook or any other social-networking site.</p>
<p>It&#8217;s the first court decision of its kind and serves as a warning for debt collectors to tread lightly when using social networks to recoup money owed. The suit, in which Beacham alleges harassment, is still pending in court.</p>
<p>&#8220;That is something we&#8217;ve been fighting for, and we finally got a court ruling on that,&#8221; said Beacham&#8217;s attorney Billy Howard, head of the consumer protection department at the Morgan &amp; Morgan law firm.</p>
<p>Debt collectors&#8217; use of social media has become a major issue for the industry.</p>
<p>&#8220;It&#8217;s dangerous ground because it&#8217;s new ground. Like anything, case law gets built because of challenges to how people are using something,&#8221; said Mark Schiffman, public affairs director for the Association of Credit and Collection Professionals. &#8220;We encourage [collection agencies] to make sure they are very careful in following the law.&#8221;</p>
<p>After Beacham&#8217;s case, Howard filed another harassment lawsuit in Duval County. In that case, the plaintiff accused MarkOne representatives of sending messages on Facebook, asking her to call them, even though they had contacted her several times by phone already, according to the lawsuit filed March 31.</p>
<p>Howard has about 10 other cases his firm is investigating that involve debt collectors using social media to contact debtors.</p>
<p>&#8220;This is a new age of harassment,&#8221; Howard said. &#8220;A couple of key strokes you can use one of the oldest debt collectors&#8217; tricks there is … that is, to contact family members and friends. Most harassment is one-on-one, but when you bring in family members and friends that&#8217;s when you really turn up the psychological pressure on people.&#8221;</p>
<p>No one with MarkOne returned a message left in its Jacksonville office.</p>
<p>But in November, the company emailed a statement to The Atlantic magazine about its policy to use Facebook that said: &#8220;MarkOne&#8217;s policy is to only use Facebook to locate customers when the customer has a fully public profile, and when the customer has not responded to MarkOne through conventional means. Our policy is to respect privacy disclosure requirements and no negative or account information is shared with third parties.&#8221;</p>
<p>Schiffman said debt collectors can use social media the same way they use a phone book to locate someone or gather information on an individual. &#8220;They can&#8217;t go any further than that,&#8221; he said.</p>
<p>That means no posting on walls or sending messages to friends to encourage the debtor to return calls, he said.</p>
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<p>The Fair Debt Collection Practices Act, enacted in 1978, does not specify the use of social media. But Schiffman said the same rules apply to social media as they do to phone calls and texting.</p>
<p>A debt collector can only contact another person if the collection agency does not know the debtor&#8217;s whereabouts. And, the debt collector cannot tell a third party why the information is needed or discuss a person&#8217;s debt.</p>
<p>&#8220;We advise our members — the collection agencies — to handle [social media] with extreme care,&#8221; said Schiffman<strong>.</strong> &#8220;Follow the law, it&#8217;s … the best it can be today for a law that was written in 1978. Obviously, things have changed quite a bit.&#8221;</p>
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