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Stop Abusive Debt Collectors

By Amy Davis

POSTED: Wednesday, October 28, 2009
UPDATED: 6:09 am CDT October 29, 2009

Did you know the fastest growing area of complaints among consumers is debt collection?

They might call you at work, make threats or use profanity. The Federal Trade Commission received nearly 78,838 complaints last year.

Many of you are also asking Amy what to do when a debt collector calls you about a debt that you don't think you owe. KPRC Local 2 Investigative reporter Amy Davis explains your rights when it comes to dealing with debt collectors.

"This message is intended for Jonathan Smith," was how the message on Jennifer and Jonathan Smith's answering machine started.

"The very first message, I could hardly understand what he was saying," said Jennifer Smith, because the caller had a very thick foreign accent.

But when the Smiths answered another call from the company calling itself the Financial Accountability Association, the message was loud and clear and frightening.

"They said that the total that I would have to come up with, by 5:30 p.m., would be $936.45," recounted Jonathan Smith. "It was either you pay this or you have three felony charges."

"It's a scam," said Dan Parsons with the Houston Better Business Bureau.

Parsons said the Financial Accountability Association called so many people demanding money they didn't owe that the Los Angeles BBB issued a national alert.

"These people are persuasive," said Parsons. "They know how to get into your head and make you stop and think 'Oops, did I pay all my bills?'"

"He wouldn't tell me who was the creditor," said Jennifer Smith. "He just refused to let us know who it was."

What we do know now -- the Financial Accountability Association is not a real debt collector. The callers spoofed numbers to make it appear they were calling from California; but the BBB said it has traced the company, that uses several other names, to India.

"It's an industry that's doing a lot of activity, so they're hoping to blend in," Parsons explained.

Online, consumers are outing the group.  We found posts from all over the country about the callers with foreign accents.

One man wrote, "Kevin Peterson left a message on my cell stating I was being charged with three criminal counts on a payday loan I never had."

"I've run into more fly-by-night operations in the past year than ever before in my practice," said Dana Karni.

Karni is a consumer attorney who specializes in helping consumers fight abusive debt collectors.

"I think that the number of collection accounts in general has increased because so many consumers are in debt and in default."

Real or not, if someone calls you claiming to be a debt collector, Karni said you should handle it as if it were legit.

"Ask for something in writing," advised Karni.

The federal Fair Debt Collection Practices Act says debt collectors must send you a written notice within five days of their first phone call, showing how much you owe and where the debt is from.  The law says collectors can not say or even imply that nonpayment is a crime.

They can't call before 8 a.m. or after 9 p.m. Collectors are not allowed to speak to your employer about your debt. They are prohibited from harassing or abusing you and they must stop calling if you ask them to.

"This is not about a consumer not paying their bill," explained Karni. "Anybody who owes a debt is encouraged to pay their debt. But there are certain legal requirements we all have to abide by. A debt collector must follow collection law in the way that they collect a debt."

The Smiths received nearly 50 messages from the Financial Accountability Association in just a couple of hours, each more bizarre than the last. They refused to disclose their checking account information to make a payment, but others we saw online took the bait and made a payment.

"And that's money gone forever," said Parsons. "You're never going to get it back."

Thursday night we track down a debt collector accused of collecting thousands of dollars and keeping it instead of turning it over to the businesses that are owed the money.

Get all of your debt collection questions ready. We're holding a live phone bank Thursday at 10 p-m. Our experts will give you instant answers. The number to call is 713-271-1905.

If you've received a call from the Financial Accountability Association, you should file a complaint with the FTC. The BBB has forwarded its complaints and that agency is investigating.
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