We have posted some new and updated Debt Collection Letters to help you with different collection agency situations that may arise.

Debt Validation Letter
This letter will help you validate a debt if you aren’t sure you owe the debt, aren’t sure the amount is correct or think the statute of limitations may have expired on your debt.

Cease and Desist Collections Letter
This letter will help when you want a 3rd party collection agency to stop calling you and/or your references and family members.

Wage Assignment
Payday Lenders use wage assignment often, and I am pretty sure they are the only ones still using it. The reason is that the FTC has declared this practice virtually illegal and only shady online payday loan companies are still using this tactic to collect on debt.

Wage Garnishment
A court ordered Wage Garnishment cannot be stopped. This letter will do nothing for that situation unfortunately and you should contact a lawyer.

Payday Lenders claim to garnish wages often, but they are most often just referring to a wage assignment (see above). So, we refer you again to the wage assignment letter.

I hope you enjoy and use these letters to stop harassing debt collectors and as always, if you have any questions please Ask Brent.

Maryland has suspended the license of Smith Haynes and Watson LLC, a debt collection company that was collecting on payday loans from a payday lender that was served with a cease and desist order from the state earlier this year.

The Maryland Collection Agency Licensing Board, a division of the Office of the Commissioner of Financial Regulation, decided last week to suspend the collections license of the Kansas-based collection agency that specializes in payday loan collections. The agency also issued a cease and desist order covering all collection activity by the company. As a part of the order, the company must turn over all information regarding its payday loan debt collection activities to the state of Maryland.

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Pamela Davis found herself in an all to common situation: a collection agency was harassing her even thought she did not owe any money for the debt they were collecting on. However, with a common name like Pamela Davis, they had decided the debt belonged to her and allegedly would not listen to her complaints. So, she has filed a lawsuit alleging debt collectors harassed her even though they had the wrong person.

G.E. Money Bank, G.E. Capital, Northland Group Inc., LVNV Funding and Law Offices of Brachfeld and Associates were named in the lawsuit that was filed on Nov. 12 in the Eastern District of Texas, Marshall Division.

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New York Attorney General Andrew Cuomo is continuing his crusade against rogue debt collectors. His office announced on Wednesday that they have launched a statewide inquiry into debt collection agencies.

In addition, they have obtained a court order against Lamont Cooper and his two debt collection companies, Emanee Development, Inc. and Dial Tech LLC, under which the companies will shut down and Cooper will be forced to pay restitution to consumers statewide.

According to Cuomo’s Office, Cooper’s collections companies unlawfully lied to consumers, threatened to arrest them, and intimidated them into paying debts that they sometimes did not even owe. They would often call third parties like neighbors or employers to further embarrass and harass consumers. Emanee and Dial Tech allegedly did business under the names of various shell companies and fictitious law firms across the state, including: Claims Process Services, Claims America, CMC Recovery Services, Lomax & Barnes and Murray, Bradshaw & Associates.

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Yesterday, in U.S. District Court in San Jose, a jury awarded a California couple $500,000 in a fair debt collection case.  Credigy Services Corp. was found to be in violation of the Fair Debt Collection Practices Act and were trying to collect on money that was not owed.

The jurors in the cases cited Credigy Services Corp. used intentional and systematic efforts to cause emotional distress for the consumers, Manuel G. Fausto and his wife Luz.

Credigy Service Corp’s lawyers said it’s too early for them to comment on the jury’s decision. U.S. District Court Judge James Ware has yet to enter judgment on the case. If he does not approve the verdict, that could give Credigy’s attorneys an opportunity to get it overturned.

This is certainly a huge win for consumers, not to mention the Fausto’s. Let’s just hope the judge upholds the jury’s decision and sends a message to debt collectors who violate state and federal laws.

UPDATE: The Faust’s lawyers have sent me a link with more details on this debt collection lawsuit.

In an effort to increase debt collector regulation in the state, Oregon Governor Ted Kulongoski has signed a new law that allows the the Oregon Attorney General to sue debt collectors in the Beaver State. The Attorney General’s ability to regulate debt collectors will grow significantly under this bill and offer Oregon debtors a degree of protection from harassing collectors that many states do not.

The legislation will allow Attorney General John Kroger to sue debt collectors who harass Oregon customers by violating their legal rights under Oregon collection law. “This important legislation will help us crack down on debt collectors who routinely violate state and federal law,” AG John Kroger said in a Thursday.

Oregon Senate Bill 328 will allow the state’s attorney general to go to court to enforce a 1977 law against illegal collection practices, the so-called Unlawful Debt Collection Practices Act. Currently, the Oregon attorney general can sue collection agencies under Oregon’s Unlawful Trade Protection Act, but not under this consumer protection law.

Last year, the Oregon Justice Department received 834 written consumer complaints about debt collection agencies and 254 about first-party debt collectors, the attorney general’s office said.

This is a great step that Oregon is taking to make sure that enforcement of collection law is available to their AG in his efforts to protect Oregon consumers.

The fallout from Dateline NBC’s debt collections episode has generated a real buzz in the collections industry.

Just this week we saw this editorial from InsideARM, which offers some pretty good rebuttals to all the collection agency boneheads that were posting on that site. All of their comments since the airing have been about how unfair Dateline’s treatment was of the “Asset Receivable Industry.”

Then, of course, you have NARCA (National Association of Retail Collections Attorneys) coming out with their press release arguing about how unfair the treatment was by NBC’s Dateline.

The point that these debt collectors continue to miss is that Dateline NBC and reporter Chris Hansen never claimed they were showing typical behavior of the debt collection industry. They simply were showing that in many cases (and they did show a number of them), there were horrible debt collectors, such as LHR, out there that are violating debtors’ rights with little or no regard for the law. “Where’s the Outrage” from Paul Legrady makes that point very well and challenges his colleagues in debt collection to try and work toward fixing the bad actors and not just griping about press coverage.

I could not agree more.

The world’s largest collection agency, NCO Group, reported results for the full year and fourth quarter 2008 Wednesday. The results?

Horsham, Pennsylvania’s NCO Group, Inc. reported a net loss for the full year 2008 of $337.1 million. In the fourth quarter of 2008 alone, the company reported a net loss of $286.6 million.

Mike Barrist, NCO Group Chairman and CEO, said that the company had achieved its objectives for the 2008 calendar year. The company’s EBITDA (earnings before interest, taxes and depreciation) for 2008 was $95.5 million. “As we continue to navigate through 2009, we believe NCO is well positioned among its peers within each of its core markets to capitalize on all available opportunities,” said NCO CEO Mike Barrist.

NCO Group acquired OSI in early 2008 and that acquisition contributed to the record revenue of $1.51 billion in 2008. $1.22 billion of that revenue was generated by NCO’s Collection Agency business. The company noted in an SEC filing that 60 percent of the ARM unit’s revenues were generated “from the recovery of delinquent accounts receivable on a contingency fee basis.” NCO also stated in an SEC filing that they spent $126.5 million purchasing debt portfolios in 2008.

In addition to being the world’s largest debt collector, NCO is infamous for a 2004 FTC Lawsuit which it paid the largest civil fine ever for an FCRA case, $1.5 million.

Just so that I am not accused of being too one-sided, I thought I’d report on a collection attorney being scammed.

It seem that a Poy Sippi, Wisconsin Collection Attorney was the victim of an attempted scam.

These scams are actually pretty common against collection agencies and collection attorneys. Basically, the collectors are usually contacted by a company regarding a large corporate debt that they are trying to collect. These types of debts can be a windfall for an agency, since the amount owed on one debt can be well into the 6-figure range. So, the attorney or agency takes the case and soon the debtor agrees to pay.

This is where the scam against the collector starts. The payment is usually made via a fake cashier’s check or an ACH. The con artists hope that the collector will remit their portion of the “payment” to them before the collector notices that the cashier’s check is forged or fake. If they ACH’d the money, then they will probably revoke the authorization once funds are remitted.

Just an interesting look inside the woes of debt collectors for a change.

**Read the full article here.**

Washington State Governor Gregoire signed a new law today that restricts check cashers’ and payday lenders’ ability to collect on consumer debts. Payday Loans have gotten a lot of attention in the Washington Legislature this month, but this bill is very interesting in its definition of “harassment.”

This bill has some relatively benign elements, such as making it illegal for payday loan companies to impersonate a police officer and make false threats to consumers. I’m pretty sure these are already illegal activities in all 50 states, right?

Yet, this bill also bans the so-called “field calls” frequently used by payday loan collectors. Employees of payday loan companies often take off into “the field,” showing up at consumers homes or places of work, usually delivering a letter that notifies them of their payday loan debt. This is the definition of harassment, since the same payday companies have already called 2-3 times per day to remind the customer that they have fallen behind on their payday loan. It is good to see this horrible collection tactic put out of commission in Washington, at least for payday loan collectors.

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