Did collection calls contribute to Floridian's death?
Florida law firm Morgan and Morgan filed a first-of-its-kind lawsuit alleging that a company's collection calls were so frequent and harassing that they contributed to a person's death because they increased Stanley McLeod's blood pressure and stress levels. McLeod's debt problems stemmed from the fact that he had difficulty paying his mortgage because he had to quit his job at Sears after suffering a massive heart attack.
Dianne McLeod, Stanley's wife, described how he would get 10 to 12 calls each day. With each call his face would turn red and he'd experience shortness of breath.
McLeod saved tapes of some of the messages left on their answering machine. One message even commented on the expensive helicopter ride that saved Stanley's life: "Get your act together and make the payments on your mortgage. Why don't you have that helicopter pick you up and bring that payment to the office."
Bill Howard, who heads the consumer protection unit of Morgan and Morgan, got a copy of those messages and filed the lawsuit. Now that Florida has passed strong consumer debt collection legislation, more Florida law firms are focusing on debt collection abuse.
Morgan and Morgan urges Floridians to save answering machine recordings if they get aggressive debt collection calls and includes this advice on a statewide advertising campaign to drum up business for the consumer protection unit. You can listen to some of the recordings they collected.
There are reprimands like this: "It's called a telephone. What you do is pick up the phone and you hold it near your face and you speak into it." Another debt collector called and said, "Hey Alphonse, cupcake, I am like right now climbing into your family background. I am going to dig up so deep up yours, you're going to wonder why you didn't do the right thing."
Florida law requires debt collectors to:
- Send a written notice within five days after you are first contacted, telling you the amount of money you owe. The notice must also specify the name of the creditor to whom you owe the money and what action you should take if you believe you do not owe the money.
- Limit their calls to reasonable times, such as before 8 a.m. or after 9 p.m., unless you agree to a different time.
- Stop contacting you if you write a letter to the agency telling them to stop. Once the agency receives your letter, they may not contact you again except to say there will be no further contact, or to notify you if the debt collector or the creditor intends to take some specific action, such as file a lawsuit.
- Stop contacting you if you say you don't owe the money unless they send proof of the debt, such as a copy of the bill.
- Use threats of violence against the person, property or reputation.
- Use obscene or profane language.
- Advertise the debt.
- Repeatedly or continuously make telephone calls with the intent to harass or abuse the person at the called number.
- Tell you that you will be arrested if you do not pay; that they will seize, garnish, attach, or sell your property or wages unless the collection agency or creditor intends to do so and has a legal right to do so; or that a lawsuit will be filed against you, when they have no legal right to file or do not intend to file such a suit.
Also, debt collectors must accurately disclose their identities to the person at the called number. They may not use false statements, such as falsely implying that they are attorneys, that you have committed a crime, or that they operate or work for a credit bureau or misrepresenting the amount of your debt. They cannot indicate the involvement of an attorney in collecting a debt or indicate that papers sent to you are legal forms when they are not.
The Florida provisions are similar to those in place nationally under the Fair Debt Collection Practices Act.
The big difference for Floridians is that they have a strong consumer protection advocate in the Attorney General's office and law firms in Florida see a better chance to win lawsuits under the Florida law, which is why Morgan and Morgan and other Florida law firms are beginning to file suits. If you successfully file a lawsuit against the collection agency for violating state and/or federal law and prevail, you may be awarded your actual damages, as well as attorneys' fees and costs.
Even if you don't live in Florida, save any recordings from debt collectors that you believe prove harassment. You could end up with a successful claim and maybe win some of the money you need to help clear our your debt.
If you win, the judge can require the collector to pay you for any damages you can prove you suffered because of the illegal collection practices, like lost wages and medical bills. The judge can require the debt collector to pay up to $1,000, even if you can't prove that you suffered actual damages. A group of people also may sue a debt collector as part of a class action lawsuit and recover money for damages up to $500,000, or 1% of the collector's net worth, whichever amount is lower.
Lita Epstein has written more than 25 books including "The Complete Idiot's Guide to Improving Your Credit Score."



Reader Comments (Page 1 of 24)
9-17-2009 @ 4:16PM
thirlledreader said...
I wish I would have known about htis earlier...I kept contiplating filing a suit against several debt collectors. But they have since stopped calling or call from so many different numbers can't keep track. I've always asked to send me proof of who they were and how much I owed in writing. Never happened and then they stopped calling. After a few months they would return. I have a cell phone so if I really wanted to can recover all the times one of them called. 20 times in 5 minutes.
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9-18-2009 @ 7:36AM
Pat said...
I was harassed for 7 years and stopped using the phone in my house - it was for someone other than me and even though I told them and mailed them to say there was no such person they harassed me - I contacted Collection Stoppers.com after no local agency would help - the case was settled in 3 months .
9-18-2009 @ 8:33AM
maximum joe said...
I had a medical debt, I was paying a $50.00 a week on. They kept harrassing me for more money, so since I was not court ordered to pay a certain amount, I started paying 25 cents a week. It did not take long until they agreed that $50.00 a week was enough.
9-18-2009 @ 8:59AM
saira said...
I was nasty with my debt collector and that worked. So, do not let them get to you. Most ppl don't mean to be in debt, but sometimes you just don't make enough money from your job. But, hope u do come out of debt soon.
9-18-2009 @ 10:40AM
John said...
This is a tragic story that should not have happened. I am not familiar with the buzzards that harass people on mortgages, I am familiar the slime balls that harass people around cell phone bills, credit cards, etc. The solution is to tell them you have X amount of money to send them, send them what you can, and if they call you again, just hang up. Don't talk to those leeches, it's their job to make you feel poor, unsuccessful and a person not paying bills because you are just a bum. You pay what you can, they will cut your service or access, but you know that anyway. NEVER let those people hurt your heart or soul, they have no respect for you dignity or you health. When I was in that problem, I just refused to talk to them and sent what money I could. I eventually resolved the problem. Those creeps will never make me uncomfortable for a second.
9-18-2009 @ 3:24PM
Gary Man said...
Get a Job!
9-18-2009 @ 12:42PM
Cat said...
Several things here...1) Some people need to be reminded of the money they owe....If they were not reminded they wouldn't pay and when some kind of legal action would be issued they would say they didn't understand or know why..... 2) Most people have some money to pay...A dialogue and payment arrangement needs to be mutually agreed upon..there are many Consumer Counseling companies out there to assist financially strapped consumers. 3) Most bill collectors are nice and instructed to be educational to debtors. My motto is and has always been you get more bees with honey. 4) The collectors and agencies that go too far should be prosecuted--but the debtors that owe the money and have no intention to pay and continue to live the "Good Life" should also be prosecuted. I am open to all debates and positve feedback. Thanks
9-18-2009 @ 2:02PM
Lisa said...
Here's an idea, PAY YOUR DAMN BILLS!!!!! If you can't pay them don't acquire them!!!! Or just don't answer the phone the rest of us will pick up the tab as always!
9-18-2009 @ 6:06AM
chandoff23 said...
I lost my job last September and after not being able to find a job by November I sort of hit rock bottom and because I had to depend on my parents to pay my bills. For a 40 year old man, with a family, that was hard to take. I kept exploring every option out there and was lucky enough to discover a multiple income stream program by Robert Allen ( http://www.robertallenmultiplestreamsofincome.com ) that I got into for virtually no investment. He made it so easy to learn and it completely turned my life around. It didn't take me long to pay my parents back and once again be able to buy all the things my family needs. It just feels better to walk around knowing all my bills are paid and having extra money in the bank again.
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9-18-2009 @ 6:15AM
Dudley Haas said...
My bald head hit rock bottom too. It put a gash in the B-9 mole right above my brow and now my head won't roll as smoothly down the lanes on league nite!
9-18-2009 @ 6:17AM
Debt free said...
These debt collectors are vultures and the guys and gals, really just slimy rodents is who they are, that had their milk money stolen from them by the school bully so now they feel they can get their power back, but like the article says they are really just serial rapists and killers who prey on the people that have simply had some back luck and need love if anything. I say get the Raid spray out or set some rat traps and eventually a debt collector will get snarled up. They are the stupidest morons on earth --can you imagine admitting to anyone you help collect debts from people. Might as well say yeah I am a sweaty slimy beast who thrives on ruining peoples day despite the fact I do not know them or their hardships, I am just a low educated imbecile who hates everything but love to take it out on everybody else. I am a debt collector who is like the ebola virus and takes the form of disgusting rancid spit on the trashcans and then .. you get the picture of the average debt collector, most are much worse than cockroaches with filthy diseases spewing from their rechid infected bodies.
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9-18-2009 @ 7:47AM
Elizabeth said...
I am a bill collector. Granted, I'm also polite and explain the situation in nonaggressive terms. I don't do it because I like "the power", but because it's a decent way to help pay for my college. Not all debt collectors are good for nothing low lifes like you seem to describe. Most of us actually obey the rules, speak cordially to the people we need to death with concerning their debt, and follow manners and protocol.
People like this, mentioned in this article, make me sick. And while I am not neccessarily proud to be a debt collector, it is people like the ones mentioned that leave the general public to hate us when we're just doing our jobs.
9-18-2009 @ 8:54AM
Bob said...
I couldn't agree more, debt collectors are the lowest form of life on earth, bunch of bottom feeders.
9-18-2009 @ 8:54AM
D-bot said...
I'm sure that's how the debt collectors feel about the people they're calling. That they are vermin who take money from other people and then absolutely refuse to pay them back. Instead, they hide in their little houses cowering and hoping the collectors will go away.
In fact, debt collection helps to keep our interest rates low on our own credit cards, mortgages, & loans. A certain amount of "bad debt expense" is assumed by all creditors. They also factor in the amount of money they'll be able to offset by selling some of that "bad debt" to collection agencies. The amount the creditor has to take as true "bad debt" gets lumped into all of our interest rates.
If collection agencies truly become ineffective business entities, as these laws seek to create, then all of the "bad debt" will be assumed by the initial creditors and interest rates will rise and credit restrictions will tighten. Meaning, we could see a one percent or more interest rate increase and creditors will raise the credit rating threshold, as they will be less likely to gamble on an applicant with a lower credit score. After all, somebody's got to pay for it. And that somebody will always be the consumer.
Then again, it is way more fun to sue everyone...so have at it you litigious society.
9-18-2009 @ 9:09AM
D-bot said...
I'm sure debt collectors feel that the lowest form of life would be someone that borrows money from someone and then absolutely refuses to pay them back. Instead, they hide in their little houses cowering and hoping the collectors will go away.
These comments are all typical complaints. We all hate debt collectors when we owe money, we hate the cops when we get a ticket, we hate retail stores when they won't take our returns, we hate the I.R.S. when we're being audited, etc.
My advice to avoid these situations is to pay your debt, don't speed, don't have the audacity to try and return a product outside of a return policy and keep all your tax information filed for seven years. If you consider yourselves adults then you should act like adults.
9-18-2009 @ 9:15AM
amy said...
I have done collections for a living, and I was good at it. I, however, was not aggressive, never used profanity or derogatory terms, and NEVER EVER threatened anyone. They paid me because I was willing to work with them and see them as fellow humans who hit a rough patch. Articles like this infuriate me.
9-18-2009 @ 9:48AM
carolyn said...
Yoy appear to be missing a very important point or two here - If everyone paid thir bills like they agreed to when they applied for credit in the first place; there would be no need for these debt collectors by what ever name you wish to call them. They did not cause this debt or your circumstances; granted I do not think they should or should be allowed to abuse the debtor in any way - what they could do is contact the debtor, attempt to collect the debt in a civilized manner and when that fails, let the court decide what action should be taken. What property could or should be attached;any garnishment that is applicable, etc. But I think that would make you angry as well. We all have bad times, crisis, unexpected expenses; most of us have been there; but it is not the debt collector's fault that these things have happened to us. And we can't expect all debts to be forgiven just because these things have happened. Remember you might not have known you were going to have these hard times now, but neither did the company that fronted you the money or merchandise; else you could have called them all those names for not doing business with you to start with.
9-18-2009 @ 10:04AM
queen said...
Obviously, you are not "debtfree" if you know all this. Pay your bills losers!!!!
9-18-2009 @ 11:03AM
Jo said...
9-Debt Free........did you go to school to learn to talk all that crap? That is pitiful language!!!!!
9-18-2009 @ 11:07AM
Michael said...
LOL! These anti-bill collector comments are hilarious. Poor you, you don't plan well for the future and spend money that you can't actually afford to spend, and then you spew your bile about having to pay what you owe. Are there some bad apples? Yes, but I worked as a bill collector for a number of years and I can say that 99.9% of us follow the correct protocol. All we want to know is: What is your situation, why have you been unable to pay? Can you commit to a date to pay part or all of what's owed? How much and when? Aside from that we just try to educate people on the consequences of their poor decision making and explain what is going on with their accounts.
You call us vultures and slimy rodents when we're just trying to make a decent living? Well I think the same thing about people who live beyond their means and then act like they're the victim. I don't care if you lost your job, had unexpected medical expenses, had to fix your car, whatever. You should have planned for the worst, always. Not to mention it's the people who lived beyond their means who are responsible for a lot of this financial crisis mess.