To: President Donald Trump, The Oregon State House, The Oregon State Senate, Governor Kate Brown, and The United States House of Representatives
Fair Debt Collection Practises Act needs to apply to ALL creditors not just 3rd party collection ...
We petition for the amendment of the Fair Debt Collection Practices Act ยง 803. Definitions [15 USC 1692a] (6) The term "debt collector" to be expanded to include:
(A) any officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor; (the current definitions excludes "any officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor")
(B) any person while acting as a debt collector for another person, both of whom are related by common ownership or affiliated by corporate control, if the person acting as a debt collector does so only for persons to whom it is so related or affiliated and if the principal business of such person is not the collection of debts; (the current definitions excludes such persons.)
(F) any person collecting or attempting to collect any debt owed or due or asserted to be owed or due another to the extent such activity (i) is incidental to a bona fide fiduciary obligation or a bona fide escrow arrangement; (ii) concerns a debt which was originated by such person; (iii) concerns a debt which was not in default at the time it was obtained by such person; or (iv) concerns a debt obtained by such person as a secured party in a commercial credit transaction involving the creditor. (the current definitions excludes such persons.)
(A) any officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor; (the current definitions excludes "any officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor")
(B) any person while acting as a debt collector for another person, both of whom are related by common ownership or affiliated by corporate control, if the person acting as a debt collector does so only for persons to whom it is so related or affiliated and if the principal business of such person is not the collection of debts; (the current definitions excludes such persons.)
(F) any person collecting or attempting to collect any debt owed or due or asserted to be owed or due another to the extent such activity (i) is incidental to a bona fide fiduciary obligation or a bona fide escrow arrangement; (ii) concerns a debt which was originated by such person; (iii) concerns a debt which was not in default at the time it was obtained by such person; or (iv) concerns a debt obtained by such person as a secured party in a commercial credit transaction involving the creditor. (the current definitions excludes such persons.)
Why is this important?
I recently discovered that the Fair Debt Collection Practises Act only applies to 3rd party collection companies and not to original creditors. This means that collection departments for original creditors can resort to any collection practices they desire and the consumer has no legal recourse to stop harassment, intimidation or deception.
Regardless of who makes a collection call, original creditor or 3rd party collection agency no one should be able to phone a consumer about a debt before 8 AM or after 9 PM. I've been woken before 5 AM and after 10 PM by collection calls from a creditor.
Likewise no one should be allowed to phone constantly regarding a debt. I've had a creditor phone almost hourly even after I've made an agreement to pay by a specific date; and although I had a history of keeping my payment promises with them.
Their expressed reason for not stopping these harassing phone calls was because I refused to give them a post-dated check for the agreed payment arrangement. According to my bank post-dated checks are illegal and if a post-dated check is submitted early it will be processed immediately by the bank and not held until the date on the check. This happened to me once and resulted in huge overdraft fees, so I don't wish to experience that again.
My problems with harrassing debt collection practises began after a job loss due to disabilies affecting my job performance, long term unemployment and a three year wait for approval of my social security disability benefits that caused me to experience severe financial hardship. (I worked hard all my life and paid into SS for nearly 30 years.)
I got behind two payments on my car loan. Although I was able to catch up one month and continued to make monthly payments thereafter, I remained 30 days behind, and this triggered the creditor's automated debt collection processes.
Regardless of who makes a collection call, original creditor or 3rd party collection agency no one should be able to phone a consumer about a debt before 8 AM or after 9 PM. I've been woken before 5 AM and after 10 PM by collection calls from a creditor.
Likewise no one should be allowed to phone constantly regarding a debt. I've had a creditor phone almost hourly even after I've made an agreement to pay by a specific date; and although I had a history of keeping my payment promises with them.
Their expressed reason for not stopping these harassing phone calls was because I refused to give them a post-dated check for the agreed payment arrangement. According to my bank post-dated checks are illegal and if a post-dated check is submitted early it will be processed immediately by the bank and not held until the date on the check. This happened to me once and resulted in huge overdraft fees, so I don't wish to experience that again.
My problems with harrassing debt collection practises began after a job loss due to disabilies affecting my job performance, long term unemployment and a three year wait for approval of my social security disability benefits that caused me to experience severe financial hardship. (I worked hard all my life and paid into SS for nearly 30 years.)
I got behind two payments on my car loan. Although I was able to catch up one month and continued to make monthly payments thereafter, I remained 30 days behind, and this triggered the creditor's automated debt collection processes.