A Phone Call from a Credit Card Debt Collector? . . . You Do Not Need to Take It.
There is little or no legal weight to a phone call from a credit card debt collector. Anyone can say anything and get away with it. Debt collectors use that to their full advantage. The telephone is their weapon of choice. Once things get reduced to writing, they become toothless.
Written communications from and to a credit card debt collector are what matter in court. If a consumer is writing to a debt collector it should always be certified return receipt requested.
Over the telephone credit card debt collectors lie a great deal. These are some of those lies:
1. They claim you are the target of a lawsuit in your local court and that you’ll get your summons any day.
2. They threaten to have you arrested. (Debts are civil, not criminal.)
3. They threaten to put a negative listing on your credit report.
4. They threaten to have your wages garnished.
5. They threaten to have your bank account seized.
The Fair Debt Collection Practices Act is violated by each of these threats.
Credit card debt collectors use the phone attempting to get personal details such as your bank account number, Social Security number, and work number, as well as getting you to confirm your credit card number and admit to the debt in question. The Credit Card Debt Survival Guide advises that you should never share any personal information with people on the telephone, as they could be anyone, and that you should always dispute and deny the debt to which they are referring and hang up the phone.
Curiosity should be the only reason for taking one of these calls. If a credit card debt collector calls out of the cold, let them tell you what debt they are calling about, then tell them you have received no written notice from them about the debt and hang up.
Fortunately, the Fair Debt Collection Practices Act allows you to write to the debt collector instructing them to stop all collection calls. Once this has happened, any calls are subject to a $1000 penalty because they then violate the law. You can keep a log of every call and then contact a consumer rights attorney about suing the debt collector, fee paid on the contingency of winning.
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