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Dealing with Debt Collection Scams

Michael Agruss

Written and Reviewed by Michael Agruss

  • Managing Partner and Personal Injury Lawyer at Mike Agruss Law.
  • Over 20 years of experience in Personal Injury.
  • Over 8000+ consumer rights cases settled.
  • Graduated from the University of Illinois Chicago School of Law: Juris Doctor, 2004.

Have you ever received a call, purportedly from a debt collector, demanding payment for a debt you are quite sure is not yours? If so, then according to Better Business Bureau (BBB) office serving Chicago and Northern Illinois you are far from alone.In fact, according to the BBB, the number of complaints they have received from the public in regards to scam debt collectors has increased by 18% over the last twelve months alone. Most of the complaints are claims that consumers are being contacted – and harassed – about loans they never took out.There are of course, many legitimate debt collection companies out there who, although some people do not enjoy hearing from them, contact consumers in regards to valid unpaid debts. The BBB does urge consumers to learn how to tell the difference between these genuine attempts to collect a debt and calls from a scammer. According to the BBB warning signs you are dealing with a scam operation include:

  • Calls that seek – or often demand – payment on a credit account or loan you do not recognize.
  • The caller refuses to provide you with their own contact information.
  • The caller engages in high pressure tactics to scare you, claiming that you can get into some form of legal difficulty if you do not ‘pay up.’
  • A persistent demand for your sensitive personal information.

What is in it for these people? Access to your personal information, which they can then use steal your identity is the usual goal. And these callers can be rather clever, often managing to convince people that the debt they are calling about is a genuine one, even though they cannot remember accruing it. Often, as was the case in a well documented incident in 2012, representatives from scam companies will employ tactics such as pretending to be law enforcement officials and threaten arrest, successfully scaring people into paying a debt that was never valid in the first place.In order to deal with a potential scam debt collector, the BBB offers the following advice:

  • Ask that the caller provides you with a company name, street address and phone number at which they can be contacted by you.
  • Inform the caller that before you will discuss the debt they are claiming to be attempting to collect you are requesting they send you a written notice, called a “validation notice,” a formal written statement of a consumer’s debt and their rights under the Fair Debt Collection Practices Act. Do not however give out your address on the phone. If a company is genuine they already have access to it.
  • Inform the caller that you are invoking your right, under the aforementioned Fair Debt Collection Practices Act, to send a letter to them requesting they cease contacting you.
  • Never give out any sensitive personal or financial information. Usually this is just what the purpose is behind these calls.
  • If you think the debt may be valid but the caller is not, contact the creditor directly.

Finally, do not be afraid to contact the Better Business Bureau, FTC, or your state Attorney General’s office to report the calls. Illinois has its own set of rules that govern debt collection practices and any of these offices can help you understand what your rights are.Mike Agruss Law, has help thousands of consumers stop debt collection harassment. We would like to help you, too. Under the law, we can get the collector to stop harassing you, and get you money damages. Plus, the collector will be responsible for our attorney’s fees and costs. You won’t owe us a dime for our services. Contact us today. We look forward to speaking with you.

Submitted Comments

LEAH WITT
6 years ago
THEY CALL ALL THE TIME MY CREDIT IS JACKED UP DUE TO THE MONEY THEY SAY I OWE. i DON'T EVEN KNOW WHO THEY ARE

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