Mar 5, 2009 11:00 pm US/Eastern
3 On Your Side: Fair Debt Collection
PHILADELPHIA (CBS 3) ―
Have you ever been harassed by a collection agency to pay up on a debt? Well, you don't have to tolerate it. 3 On Your Side's Jim Donovan tells us about a local woman who was threatened by one company and she's fighting back.
These days, Seena Rosenberry is cautious about answering her phone.
"Oh it was just awful, how he was torturing me, they called my sister's house, my tenant's house, they called my friend's ex-wife's house and one of my friend's daughters," she said.
A debt collection company didn't have Seena's phone number, so it called people who knew her.
And the messages they were leaving said she was in big trouble.
When Seena called them back, she was told she needed to pay an outstanding debt, a debt that wasn't even hers. "It was my sister's debt," Seena said.
But that didn't stop the aggressive collection agent who Seena says was nasty from the beginning of the phone call, to the end. The agent threatened Seena with all kinds of false statements.
"They said they're going to take your house, you're going to have to go to court, they're going to fine you," Seena said.
Frightened, Seena made a credit card payment over the phone, of more than $9,000, but she shouldn't have. Even though Seena was an authorized user on one of her sister's credit cards, the debt was supposed to be discharged when her sister filed for bankruptcy. That meant it no longer had to be paid by anyone.
Seena should not have been harassed either. That's because there's something called the Fair Debt Collection Practices Act. It protects consumers from overly aggressive debt collectors. The problem is, most people don't know it exists.
"It basically prohibits them from engaging in any kind of abusive, unfair or deceptive practice," said Mark Mailman, consumer protection attorney.
Mark is fighting to get back Seena's money and he says other people should fight back too.
"This debt collector contacted her and basically did every no-no under the sun," Mark said.
Under the law, collection agencies are not allowed to threaten to sue if they don't really mean it, tell a third party such as a relative or friend about your debt, call excessively or use obscene or abusive language.
While Seena waits to get her money back, she has some advice.
"Don't believe them and don't fall for it, please don't fall for it, call a lawyer, call somebody, do not give them the money," she said.
If you feel you're being harassed by a collection agency, be sure to document the call. Write down the date, the time and exactly what was said. Plus, you don't have to talk to them, just hang up the phone.
RELATED LINK:
Fair Debt Collection Practices Act Information
ADDITIONAL INFORMATION:
Francis & Mailman, P.C.
215-735-8600
(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)
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