<![CDATA[Consumerist: Collectors]]> http://cache.gawker.com/assets/base/img/thumbs140x140/consumerist.com.png <![CDATA[Consumerist: Collectors]]> http://consumerist.com/tag/collectors http://consumerist.com/tag/collectors <![CDATA[ Is Volkswagen Violating The Fair Debt Collection Practices Act? ]]> Tim's neighbor received a call from VW Credit asking her to walk across the street and leave a note on her neighbors' front door and VW Bug asking them to call back their creditor. Calls like these are known as block parties, and they are a direct violation of the Fair Debt Collection Practices Act.

Tim writes:

My neighbor "Pam" recently lost her husband and was surprised to have someone call her up and ask for him. She asked who was calling. The representative was from VW Credit agency. They get to chatting and the rep asks if she knows two people from across the street and gives their names and house number. Pam is very social and say yes of course. The representative then asks if Pam could leave a note on the front door and on their VW Bug asking if the neighbors could please contact VW Credit agency.

At this point Pam said "No thank you" and terminates the call.

I don't know if any laws were broken but there are violations of privacy legal or not that are very disturbing. I now have suspicions that neighbor 1 and 2 are co-signers on a car loan and are not returning calls to the VW credit. I am dismayed that VW Credit is using some data mining tools to figure out who the neighbors are and asking them to help in collections!

I know if I was having trouble making payments, the last person I want at my door is a neighbor telling me to call the collectors.

Shocked in CA,

Tim

Tim should visit his neighbors, but instead of leaving harassing notes, he should bring them Section 805(b) of the FDCPA:

(b) COMMUNICATION WITH THIRD PARTIES. ...without the prior consent of the consumer,... a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, [or] a consumer reporting agency...

Since Tim is in California, he also falls under the Rosenthal Fair Debt Collection Practices Act, which extends the federal FDCPA to original creditors, and separately provides: "...collectors may not tell another person, other than your attorney or spouse, about your debt."

Tim's neighbors can sue VW Credit in small claims court, and, thanks to Section 813 of the Act, walk away with a judgment for $1,000.

We'd expect shady collection tactics from fly-by-night creditors, but not large established subsidiaries of Volkswagen. Have any of you had similar experiences? Tell us in the comments.

Fair Debt Collection Practices Act [FTC]
RELATED: How To Take Your Case To Small Claims Court
(Photo: 416style)

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Consumerist-5055879 Sat, 27 Sep 2008 14:15:03 EDT Carey http://consumerist.com/index.php?op=postcommentfeed&postId=5055879&view=rss&microfeed=true
<![CDATA[ Exclusive: AOL's Collections Guide Encourages Agents To Lie And Deceive ]]> An anonymous tipster sent us AOL's 153 page internal collections guidebook for prying money out of delinquent account holders. The guide shows that AOL is following some of the debt industry's most egregious collection tactics by encouraging agents to deceive and lie to customers. After the jump we present AOL's scare tactics, tricks to negotiating a substantial discount, and the full collections guide.

AOL lies to their customers and has a policy of refusing to escalate to supervisors:

http://consumerist.com/assets/resources/2008/04/3.2%20Won%27t%20Escalate-thumb.jpg

Apparently the trick to getting an actual supervisor is to pretend like you want to pay your bill. If you haven't used your account for more than three months you can receive up to a 40% discount, perfect for those who have tried and failed to cancel your account.

If you refuse to pay your bill, AOL will threaten to ruin your credit (with AOL):

http://consumerist.com/assets/resources/2008/04/3.2%20Discounts-thumb.jpg

You can practically see AOL's lawyers cackling with glee as they drape their cloak of legal protection while daring representatives to choose between ignoring the guidebook and failing to scare consumers into paying their debt.

AOL's abusive relationship with its "members" is not new, but it is surprising how enthusiastically they have embraced the standard lies and deceit peddled by the debt collection industry. According to our tipster, the guide is from 2006, but the tactics and policies remain unchanged.

The only way to fight back against scummy collectors is to know your rights under the Fair Debt Collection Practices Act.

Read AOL's full collections guide, complete with other despicable practices, here.

PREVIOUSLY: EXCLUSIVE: Old AOL Cancel Script vs. New
AOL Retention Manual Revealed
Quit AOL By Fax, Mail, or Phone

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Consumerist-376521 Sat, 05 Apr 2008 18:00:00 EDT Carey http://consumerist.com/index.php?op=postcommentfeed&postId=376521&view=rss&microfeed=true