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State and local court rules sometimes make default judgments much more likely. For example, when a person who allegedly owes a debt is told to come to court on a work day, they may be forced to choose between a default judgment and their job. I urge the CFPB to find practices that involve scheduling hearings at inconve... | {
"entities": {
"value": [
{
"text": "State and local court rules sometimes make default judgments much more likely.",
"start": 0,
"end": 78
},
{
"text": "For example, when a person who allegedly owes a debt is told to come to court on a work day, they may be forc... | [] |
There is currently a split between the Ninth and First Circuits as to whether 1692i and other FDCPA provisions apply in garnishment proceedings. In many states, the nominal defendant is the judgment debtor' s employer, but the judgment debtor is the real party in interest. To allow consumers to better assert the defens... | {
"entities": {
"fact": [
{
"text": "There is currently a split between the Ninth and First Circuits as to whether 1692i and other FDCPA provisions apply in garnishment proceedings.",
"start": 0,
"end": 144
},
{
"text": "In many states, the nominal defendant is th... | [] |
In many districts where bad check diversion programs exist, there is anecdotal evidence that the companies administering the programs threaten with prosecution individuals who do not come within the state' s bad check law for example, checks that bounce due to printing errors, checks for which there were funds availabl... | {
"entities": {
"fact": [
{
"text": "In many districts where bad check diversion programs exist, there is anecdotal evidence that the companies administering the programs threaten with prosecution individuals who do not come within the state' s bad check law",
"start": 0,
"end": 221
... | [] |
Consumer attorneys occasionally advise their clients not to record unlawful communications due to state laws requiring both parties' consent for recording. The CFPB should require that debt collectors subject to the FDCPA impliedly consent to recording by consumers. | {
"entities": {
"fact": [
{
"text": "Consumer attorneys occasionally advise their clients not to record unlawful communications due to state laws requiring both parties' consent for recording.",
"start": 0,
"end": 155
}
],
"policy": [
{
"text": "The CFPB s... | [] |
When an attorney is a' Debt Collector' (as per their own documents) and not legally considered a' Collection Agency' the attorney is not held accountable for consumer protection law violations (both local and federal) within civil court. This loop hole needs to be addressed. The attorneys/debt collectors are not monito... | {
"entities": {
"fact": [
{
"text": "When an attorney is a' Debt Collector' (as per their own documents) and not legally considered a' Collection Agency' the attorney is not held accountable for consumer protection law violations (both local and federal) within civil court.",
"start": 0,
... | [] |
There is currently dispute among federal district and circuit courts as to whether a post-default assignee of a debt comes within the creditor exception. The CFPB should issue a rule providing that a post-default assignee is a collector for FDCPA purposes. | {
"entities": {
"fact": [
{
"text": "There is currently dispute among federal district and circuit courts as to whether a post-default assignee of a debt comes within the creditor exception.",
"start": 0,
"end": 153
}
],
"policy": [
{
"text": "The CFPB sho... | [] |
The FDCPA contains an exception for creditors. The CFPB should include in any rule confirmation that the same practices prohibited for collectors under the FDCPA would be unfair, deceptive, or abusive acts and practices if done by a creditor. | {
"entities": {
"fact": [
{
"text": "The FDCPA contains an exception for creditors.",
"start": 0,
"end": 46
}
],
"policy": [
{
"text": "The CFPB should include in any rule confirmation that the same practices prohibited for collectors under the FDCPA would... | [] |
Assignments without notice could lead to consumers paying the wrong person. The CFPB should encourage proper notice by ruling that a payment made to either of the assignee or the assignor reduces the debt. | {
"entities": {
"value": [
{
"text": "Assignments without notice could lead to consumers paying the wrong person.",
"start": 0,
"end": 75
}
],
"policy": [
{
"text": "The CFPB should encourage proper notice by ruling that a payment made to either of the ass... | [] |
The original creditor has information about the debtor' s language; ii) The collector obtains information about the debtor' s language; * or * iii) The debtor lives in a ZIP code known to have a significant (5%?) number of non-English speakers. This requirement should only apply to languages with large LEP populations-... | {
"entities": {
"value": [
{
"text": "The original creditor has information about the debtor' s language;",
"start": 0,
"end": 67
},
{
"text": "ii) The collector obtains information about the debtor' s language; * or *",
"start": 68,
"end": 142
... | [] |
I work at a private university and we do not sue for collections. Since the debt can be reported to the credit bureau for 7 years, we like to keep our accounts at collection agencies during that entire time. With the language now being offered due to time-barred states, our collection agencies do not want any of our ac... | {
"entities": {
"testimony": [
{
"text": "I work at a private university",
"start": 0,
"end": 30
},
{
"text": "and we do not sue for collections.",
"start": 31,
"end": 65
},
{
"text": "we like to keep our accounts at collection ... | [] |
I received a bill from an attorneys office regarding a bill I did not think that was mine. I sent a certified return receipt request for validation but never received a response. So I sent a 2nd certified return receipt-request for validation and again never received a response. The attorneys office filed a civil suit ... | {
"entities": {
"testimony": [
{
"text": "I received a bill from an attorneys office regarding a bill I did not think that was mine.",
"start": 0,
"end": 90
},
{
"text": "I sent a certified return receipt request for validation but never received a response.",
... | [] |
I' m aware of that, but I don' t think many appellate courts have considered the issue. To confirm that it' s the law, it should be included in a rule. | {
"entities": {
"value": [
{
"text": "I' m aware of that,",
"start": 0,
"end": 19
},
{
"text": "but I don' t think many appellate courts have considered the issue.",
"start": 20,
"end": 87
}
],
"policy": [
{
"text": "To ... | [] |
I do NOT owe any debt but have a COMMON FIRST and LAST NAME. My Constitutional rights are violated every time a lawyer fails to perform due diligence, per rule 137, BEFORE SIGNING and FILING COURT PAPER against me. The clerks are helpless, the judges & attorney disciplinary do nothing favoring " lawyer zealousness. " I... | {
"entities": {
"testimony": [
{
"text": "I do NOT owe any debt but have a COMMON FIRST and LAST NAME.",
"start": 0,
"end": 60
},
{
"text": "I then have to spend time & money, going to court to prove I am NOT the person who owes the debt.",
"start": 319,
... | [] |
Allow the States and/or local courts administer lawsuits. Regardless of any added rules, documents, etc. none will help increase debtors attending hearings. Since 1964 I have seen no significant increase of consumers attending hearings. I have, however, seen the major reason being attributed to not understanding due pr... | {
"entities": {
"policy": [
{
"text": "Allow the States and/or local courts administer lawsuits.",
"start": 0,
"end": 57
}
],
"value": [
{
"text": "Regardless of any added rules, documents, etc. none will help increase debtors attending hearings.",
... | [] |
No federal rules. Allow States continued enforcement of their state laws. | {
"entities": {
"policy": [
{
"text": "No federal rules.",
"start": 0,
"end": 17
},
{
"text": "Allow States continued enforcement of their state laws.",
"start": 18,
"end": 73
}
]
},
"relations": {}
} | [] |
Maybe I missed something but I never received any notice from my original mortgage lender that my mortgage was sold. Maybe that is better since the new " owner " may be a pool of investors. my experience was the buyer sent the notice listing the original creditor name. Requiring the seller and buyer to send a notice wo... | {
"entities": {
"value": [
{
"text": "Maybe I missed something",
"start": 0,
"end": 24
},
{
"text": "Maybe that is better",
"start": 117,
"end": 137
},
{
"text": "Requiring the seller and buyer to send a notice would cause consu... | [] |
Assuming debtors have a valid address, which is some cases they do not, additional notice that the debt is being assigned to a third party collection entity is no benefit. My experience is intervention to collect by a third party normally occurs when the consumer is over 180 contractual delinquent. Furthermore, if the ... | {
"entities": {
"fact": [
{
"text": "Assuming debtors have a valid address, which is some cases they do not,",
"start": 0,
"end": 71
}
],
"value": [
{
"text": "additional notice that the debt is being assigned to a third party collection entity is no benef... | [] |
Suspend further action to collect or re-sell. Placing a rule that prohibits a collector from reporting information to a CRA during the 30 day window would be a nightmare from elm street and only cause more problems. Unresolved disputes should not be sold and should be removed from collection.. Period. | {
"entities": {
"policy": [
{
"text": "Suspend further action to collect or re-sell.",
"start": 0,
"end": 45
},
{
"text": "Unresolved disputes should not be sold and should be removed from collection.. Period.",
"start": 216,
"end": 302
}
... | [] |
No, it is not even clear who a debt collector is, particularly under CA law. The person sending the validating notice is typically a debt collector. This just causes confusion. | {
"entities": {
"value": [
{
"text": "No, it is not even clear who a debt collector is, particularly under CA law.",
"start": 0,
"end": 76
},
{
"text": "This just causes confusion.",
"start": 149,
"end": 176
}
],
"fact": [
{
... | [] |
CA has already made great strides as to debt buyers. This should be the rule for all collectors: that when they file, they must produce properly authenticated backing for the debt sued upon. | {
"entities": {
"value": [
{
"text": "CA has already made great strides as to debt buyers.",
"start": 0,
"end": 52
}
],
"policy": [
{
"text": "This should be the rule for all collectors: that when they file, they must produce properly authenticated backing... | [] |
There should be no option to attempt to verify the debt. Attempts should always be required and if verification is not made, the debt cannot be further transferred. | {
"entities": {
"policy": [
{
"text": "There should be no option to attempt to verify the debt.",
"start": 0,
"end": 56
},
{
"text": "Attempts should always be required",
"start": 57,
"end": 91
}
],
"value": [
{
"text": ... | [] |
FDCPA should define what constitutes reasonable period of time. In my experience most attorneys who represent a debtor do not return communication inquiries about representation. In most cases the delay in response may be caused by the debtor paying installment payments to the attorney to file a bankruptcy proceeding. ... | {
"entities": {
"policy": [
{
"text": "FDCPA should define what constitutes reasonable period of time.",
"start": 0,
"end": 63
}
],
"testimony": [
{
"text": "In my experience most attorneys who represent a debtor do not return communication inquiries about... | [] |
Collectors are responsible for re-establishing contact with delinquent customers and providing services that facilitate repayment of the loans, regardless of the technology utilized. In Collections, automated dialing systems effectively increase the ability for the collector to reach delinquent customers unwilling to p... | {
"entities": {
"value": [
{
"text": "Collectors are responsible for re-establishing contact with delinquent customers and providing services that facilitate repayment of the loans, regardless of the technology utilized.",
"start": 0,
"end": 182
},
{
"text": "In C... | [] |
They can' t be sued on in court and communications should reflect that. I have found that persons who buy old debts are not competent and rely on software and letter services to fulfill their collection obligations. Perhaps it is time to return to licensing of collectors. | {
"entities": {
"fact": [
{
"text": "They can' t be sued on in court",
"start": 0,
"end": 31
}
],
"policy": [
{
"text": "and communications should reflect that.",
"start": 32,
"end": 71
}
],
"testimony": [
{
"tex... | [] |
First, I have learned there is a significant legal difference between 1) identify theft, 2) mistaken identity (see contract law Furthermore, that these three words need to be separated, clarified and their legal handling completely examined. There is almost zero legal remedy for wrong person found. More information wou... | {
"entities": {
"testimony": [
{
"text": "First, I have learned there is a significant legal difference between 1) identify theft, 2) mistaken identity (see contract law",
"start": 0,
"end": 127
},
{
"text": "The lawyer had plenty information",
"start": 34... | [] |
I would suggest a review of the language already published in the Federal Rules of Bankruptcy BR 3001 (effective date 12/1/2012) relating to documentation. Based upon my participation with the Rule and numerous comments/hearings, I believe some time can be eliminated without re-inventing a different set of standards. B... | {
"entities": {
"policy": [
{
"text": "I would suggest a review of the language already published in the Federal Rules of Bankruptcy BR 3001 (effective date 12/1/2012) relating to documentation.",
"start": 0,
"end": 155
},
{
"text": "I recommend another examinatio... | [] |
I would suggest a visit to the Federal Bankruptcy Rule 3001 (effective 12/1/2012) and comments made during the proposed period, plus the hearing presentation statements published and are available. The Rule already addresses documentation issues. I again see that attaching all of the proposed documentation to the valid... | {
"entities": {
"policy": [
{
"text": "I would suggest a visit to the Federal Bankruptcy Rule 3001 (effective 12/1/2012) and comments made during the proposed period, plus the hearing presentation statements published and are available.",
"start": 0,
"end": 197
}
],
"fa... | [] |
As a creditor collecting my own debt, I assert that by the time I move to litgation, I' ve exhausted all other forms of collection. I' ve talked to, emailed, and snail mailed the debtor. I' ve tried to negotiate a payment plan or settlement offer all to no avail. Litigation is our last attempt. Once we are litigation, ... | {
"entities": {
"testimony": [
{
"text": "As a creditor collecting my own debt, I assert that by the time I move to litgation, I' ve exhausted all other forms of collection.",
"start": 0,
"end": 131
},
{
"text": "I' ve talked to, emailed, and snail mailed the debt... | [] |
Debt collectors continuously resell the debt to other debt collectors who start the clock all over again. Then that debt collector resells the debt and the 3rd debt collector restarts the clock again, and so on. The burden of proof is put on the consumer to prove it is an old debt. The credit reporting agencies don' t ... | {
"entities": {
"fact": [
{
"text": "Debt collectors continuously resell the debt to other debt collectors who start the clock all over again.",
"start": 0,
"end": 105
},
{
"text": "Then that debt collector resells the debt",
"start": 106,
"end": 1... | [] |
I do not believe that it is " just " to allow a third party to buy a past due debt and sue for the entire balance, plus attorney fees, court costs, and other fees associated with " mediators or arbitrators ". I believe that a third party debt buyer should be limited as to how much they can sue for above their initial i... | {
"entities": {
"value": [
{
"text": "I do not believe that it is \" just \" to allow a third party to buy a past due debt and sue for the entire balance, plus attorney fees, court costs, and other fees associated with \" mediators or arbitrators \".",
"start": 0,
"end": 208
},... | [] |
In most states all that a debt collection law office needs to provide is a complaint. The average consumer has no idea what the difference is between a balance and a sum. they do not know how to calculate the interest and certainly do not know what is " legal " pursuant to state or Federal Credit Card Act limitations. ... | {
"entities": {
"fact": [
{
"text": "In most states all that a debt collection law office needs to provide is a complaint.",
"start": 0,
"end": 85
},
{
"text": "The average consumer has no idea what the difference is between a balance and a sum.",
"start":... | [] |
If the consumer claims identity theft then the Debt collectors should be required to prove otherwise. The CRAs should be forbidden to report any debt that has been disputed as Identity theft unless they can provide court admissible proof that it is a valid debt. The CRAs should be held more accountable and heavily fine... | {
"entities": {
"policy": [
{
"text": "If the consumer claims identity theft then the Debt collectors should be required to prove otherwise.",
"start": 0,
"end": 101
},
{
"text": "The CRAs should be forbidden to report any debt that has been disputed as Identity t... | [] |
I have been contacted about a collection agency that stated that an old prescription charge was unpaid. The total was like $1500. When I asked for proof, I received a piece of paper that had three numbers on it that added up to $1500. Nothing more. Literally. When a consumer asks for proof, they should at the very leas... | {
"entities": {
"testimony": [
{
"text": "I have been contacted about a collection agency that stated that an old prescription charge was unpaid.",
"start": 0,
"end": 103
},
{
"text": "The total was like $1500.",
"start": 104,
"end": 129
},
... | [] |
Agree with RBell. Delinquent borrowers already almost always know they' re delinquent so further notices are not productive. When notices are provided they should include the name of the original account holder and the full account number to establish a connection between any tier debt collector and the original accoun... | {
"entities": {
"value": [
{
"text": "Agree with RBell.",
"start": 0,
"end": 17
},
{
"text": "Delinquent borrowers already almost always know they' re delinquent",
"start": 18,
"end": 85
},
{
"text": "so further notices are not ... | [] |
Debt collectors should not be permitted to harass a debtor' s ex-spouse by repeatedly calling the ex-spouse. Debt collectors are known to use the old phone number of the debtor that now belongs to the ex-spouse exclusively. Even though the ex-spouse tells the collector to remove her phone number from the collector' s r... | {
"entities": {
"policy": [
{
"text": "Debt collectors should not be permitted to harass a debtor' s ex-spouse by repeatedly calling the ex-spouse.",
"start": 0,
"end": 108
},
{
"text": "Collectors must be required to remove her phone number from their records at ... | [] |
Why should, an agency have to mail a letter to the consumer who requested not to be called? They most likely won' t read it | {
"entities": {
"value": [
{
"text": "Why should, an agency have to mail a letter to the consumer who requested not to be called?",
"start": 0,
"end": 91
},
{
"text": "They most likely won' t read it",
"start": 92,
"end": 123
}
]
},
"... | [] |
I don' t think the consumer should have the options as to when and how they are called. Most collection agency' s today would remove a consumers phone number hen asked. | {
"entities": {
"value": [
{
"text": "I don' t think the consumer should have the options as to when and how they are called.",
"start": 0,
"end": 87
},
{
"text": "Most collection agency' s today would remove a consumers phone number hen asked.",
"start": ... | [] |
banks can simply add this provision to their Loan Sale Agreements. All buyers executing a Loan Sale Agreement containing such a provision would be contractually obligated to refrain from litigating or threatening litigation. some current buyer would refuse to purchase with such a provision and other current buyers woul... | {
"entities": {
"fact": [
{
"text": "banks can simply add this provision to their Loan Sale Agreements.",
"start": 0,
"end": 66
}
],
"value": [
{
"text": "All buyers executing a Loan Sale Agreement containing such a provision would be contractually obligat... | [] |
I think it should be illegal or miss leading for a agency to change its caller id. You could easily look up a relatives number and use that. There should be a rule regarding a change in caller id. | {
"entities": {
"policy": [
{
"text": "I think it should be illegal or miss leading for a agency to change its caller id.",
"start": 0,
"end": 82
},
{
"text": "There should be a rule regarding a change in caller id.",
"start": 141,
"end": 196
... | [] |
I don' t think it matters whether a collector used a alias or not. It' s just a name. If it is used constantly | {
"entities": {
"value": [
{
"text": "I don' t think it matters whether a collector used a alias or not.",
"start": 0,
"end": 66
},
{
"text": "It' s just a name. If it is used constantly",
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"end": 110
}
]
},
"relations": {... | [] |
I don' t know if technology allows collectors to distinguish land lines from cell phones. It is fair for collectors to use info provided on the application for credit. Collectors should be allowed to assume that the mailing address of record is an accurate indication of the debtor' s time zone. Creditors periodically r... | {
"entities": {
"fact": [
{
"text": "I don' t know if technology allows collectors to distinguish land lines from cell phones.",
"start": 0,
"end": 89
},
{
"text": "Creditors periodically request updates of contact info in some cases;",
"start": 296,
... | [] |
A debt collector did not litigate a credit card debt, but summarily garnished our joint checking account. It was two weeks later that notification was received from the debt collector. This occurred September-October 2012. Debt Collectors must provide advance notice of their intent to garnish a checking account. It too... | {
"entities": {
"testimony": [
{
"text": "A debt collector did not litigate a credit card debt, but summarily garnished our joint checking account.",
"start": 0,
"end": 105
},
{
"text": "It was two weeks later that notification was received from the debt collector... | [] |
In theory this seems like a reasonable policy, but how can collectors know where a debtor is if they are calling his or her cell phone? Knowingly calling third parties should be prohibited across the board. It is no one else' s business what goes on between creditors and their debtors. Calls to a person' s boss or fami... | {
"entities": {
"value": [
{
"text": "In theory this seems like a reasonable policy,",
"start": 0,
"end": 46
},
{
"text": "but how can collectors know where a debtor is if they are calling his or her cell phone?",
"start": 47,
"end": 135
},
... | [] |
As a consumer I should receive a notice or some type of warning that the debt will be turned over to a collector. And when there are a change in debt collectors, the consumer should be notified. | {
"entities": {
"policy": [
{
"text": "As a consumer I should receive a notice or some type of warning that the debt will be turned over to a collector.",
"start": 0,
"end": 113
},
{
"text": "And when there are a change in debt collectors, the consumer should be n... | [] |
Debtors should be able to leave a message for a specific debtor, the name of their company and request a call-back at a specified number. When a consumer returns this type of call, the collector or debtor should be required to give them the mini-Miranda warning. There is no need for collectors to leave messages reveali... | {
"entities": {
"policy": [
{
"text": "Debtors should be able to leave a message for a specific debtor, the name of their company and request a call-back at a specified number.",
"start": 0,
"end": 137
},
{
"text": "When a consumer returns this type of call, the c... | [] |
Calling a debtor at work is counter-intuitive; if collectors are continuously calling someone at work, other employees may report it to the debtor' s supervisor. Most companies have established rules about receiving or making personal calls from company or cell phones during an employee' s working hours. If a collector... | {
"entities": {
"value": [
{
"text": "Calling a debtor at work is counter-intuitive;",
"start": 0,
"end": 46
},
{
"text": "if collectors are continuously calling someone at work, other employees may report it to the debtor' s supervisor.",
"start": 47,
... | [] |
Blocking caller ID information is disingenuous to say the least. Most consumers won' t respond to blocked numbers or ID' s anyway. Collectors should be required to identify themselves and to provide caller ID information that identifies them. Most people who cannot pay their bills are aware of the problem, so being rem... | {
"entities": {
"value": [
{
"text": "Blocking caller ID information is disingenuous to say the least.",
"start": 0,
"end": 64
},
{
"text": "Most consumers won' t respond to blocked numbers or ID' s anyway.",
"start": 65,
"end": 130
},
... | [] |
Consumers should not incur additional costs for cell phone calls, texting or voice messaging in relation to collections. The more costs assessed to a debtor, the less money they have to pay their creditors. Debt collectors and creditors should be required to stop all modes of communication to a device that the debtor i... | {
"entities": {
"policy": [
{
"text": "Consumers should not incur additional costs for cell phone calls, texting or voice messaging in relation to collections.",
"start": 0,
"end": 120
},
{
"text": "Debt collectors and creditors should be required to stop all mode... | [] |
There should be a monetary " floor " required before debt collectors can pursue uncollected debts in court. The idea that corporations that already charge puninshing interest rates and fees can clog the court systems trying to collect a few hundred bucks from someone who is unemployed, ill, or otherwise unable to pay i... | {
"entities": {
"policy": [
{
"text": "There should be a monetary \" floor \" required before debt collectors can pursue uncollected debts in court.",
"start": 0,
"end": 107
},
{
"text": "There should be a minimum amount of consumer debt owed before creditors can ... | [] |
Identity Theft Tops List for 13th Consecutive Year in Report of National Consumer Complaints __URL__ | {
"entities": {
"fact": [
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"text": "Identity Theft Tops List for 13th Consecutive Year in Report of National Consumer Complaints",
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}
],
"reference": [
{
"text": "__URL__",
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]
},
... | [] |
Consumers should be made aware of sale or transfer of their debts. From whom to whom along with effective dates and contact info for the creditor and the new owner of the debt. | {
"entities": {
"policy": [
{
"text": "Consumers should be made aware of sale or transfer of their debts.",
"start": 0,
"end": 66
},
{
"text": "From whom to whom along with effective dates and contact info for the creditor and the new owner of the debt.",
... | [] |
Notifying consumers of the sale of their debts and related details would help consumers with identifying who is contacting them about a debt; there are robo calls about lowering your credit card interest rate and such that are solicitations. Consumers have a right to know who they are dealing with in relation to their ... | {
"entities": {
"value": [
{
"text": "Notifying consumers of the sale of their debts and related details would help consumers with identifying who is contacting them about a debt;",
"start": 0,
"end": 141
},
{
"text": "there are robo calls about lowering your cred... | [] |
Consumers should be aware of who is handling collection procedures. The seller of any consumer debt should be required to notify the debtor of which debt owed to which creditor, is being sold by xyz organization to 123 debt collector. The effective date of the debt sale and contact info for the new collector should be ... | {
"entities": {
"policy": [
{
"text": "Consumers should be aware of who is handling collection procedures.",
"start": 0,
"end": 67
},
{
"text": "The seller of any consumer debt should be required to notify the debtor of which debt owed to which creditor, is being ... | [] |
A notice should go out that the debt has been sold because it definitely informs the consumer in how they should go about negotiating repayment of the debt. When the debt is sold, it is sold for significantly less than what is owed, and the lender gets to write it off, and the borrower takes a 7-year negative hit in th... | {
"entities": {
"policy": [
{
"text": "A notice should go out that the debt has been sold",
"start": 0,
"end": 50
},
{
"text": "If a debt is sold, then it should actually be sold to a third-party, and not a subsidiary of the original lender.",
"start": 599... | [] |
Consumer owing the debt should be contacted about any third party offer to pay their debt. Anyone paying debt for someone else should be required to provide their identity to the creditor and debtor. | {
"entities": {
"policy": [
{
"text": "Consumer owing the debt should be contacted about any third party offer to pay their debt.",
"start": 0,
"end": 90
},
{
"text": "Anyone paying debt for someone else should be required to provide their identity to the creditor... | [] |
A separate " summary of rights " should be sent to, and made available, to consumers. We are woefully uninformed and misinformed about our rights as consumers; what avenues of negotiation we can pursue; or even who can assist us. Furthermore, there should be some laws on the books on when collectors cannot collect if t... | {
"entities": {
"policy": [
{
"text": "A separate \" summary of rights \" should be sent to, and made available, to consumers.",
"start": 0,
"end": 85
},
{
"text": "Furthermore, there should be some laws on the books on when collectors cannot collect",
"st... | [] |
This kind of thing is likely determined by family court law in the jurisdiction where the debtor lives. Community property law, divorce or separation agreements and issues of domestic violence laws all come into play in these kinds of circumstances. | {
"entities": {
"value": [
{
"text": "This kind of thing is likely determined by family court law in the jurisdiction where the debtor lives.",
"start": 0,
"end": 103
},
{
"text": "Community property law, divorce or separation agreements and issues of domestic vio... | [] |
Some people are concerned that collectors don' t do much more than doublecheck that the amount in the validation notice is what the creditor says the consumer owes. THAT' S ALL THEY DO. They never do anything of substance to actually push back on the creditor' s claims. I' ve had actual documentation that disputes cred... | {
"entities": {
"value": [
{
"text": "Some people are concerned that collectors don' t do much more than doublecheck that the amount in the validation notice is what the creditor says the consumer owes.",
"start": 0,
"end": 164
},
{
"text": "The CFPB is no better.... | [] |
Just like mortgage servicers are required to send " goodbye letters " (a notification of when loan has been sold) and " hello letters " (a notification of when another company is buying a debt), so also should debt collectors. Also, they should be required to disclose the amount for which they bought the debt... the di... | {
"entities": {
"policy": [
{
"text": "Just like mortgage servicers are required to send \" goodbye letters \" (a notification of when loan has been sold) and \" hello letters \" (a notification of when another company is buying a debt), so also should debt collectors.",
"start": 0,
... | [] |
I should know if a debt is time-barred, so that I can make an informed decision regarding the debt in question. The information should be in the validation notice. If the debt becomes time-barred after the validation notice is sent, I should be informed of the new status of the debt IMMEDIATELY! | {
"entities": {
"policy": [
{
"text": "I should know if a debt is time-barred,",
"start": 0,
"end": 39
},
{
"text": "The information should be in the validation notice.",
"start": 112,
"end": 163
},
{
"text": "If the debt become... | [] |
It has been my experience that practices can vary greatly between various creditors who find it necessary to turn delinquent or defaulted debt over to a collection agnency. In my situation, little or no notification was given. At a minimum, a creditor should give specific information as to date and which company the de... | {
"entities": {
"testimony": [
{
"text": "It has been my experience that practices can vary greatly between various creditors who find it necessary to turn delinquent or defaulted debt over to a collection agnency.",
"start": 0,
"end": 172
},
{
"text": "In my situ... | [] |
Debt Collection companies get a very unfair debt negotiation advantage against an alleged defaulter when they hire an unscrupulous service company that has lied about giving a proper service or subservice to the alleged debtor' s residence. Judges do not seem to understand that if a service company will fraudulently st... | {
"entities": {
"value": [
{
"text": "Debt Collection companies get a very unfair debt negotiation advantage against an alleged defaulter when they hire an unscrupulous service company that has lied about giving a proper service or subservice to the alleged debtor' s residence.",
"start": 0,... | [] |
If I have been falsely served or subserved, (the making up of a person who does not exist to claim a service, or simply stating " Jane Doe " received the service) and the judges don' t care, and the debt collection companies don' t care, I should have the right to file an errors and omissions insurance claim against th... | {
"entities": {
"policy": [
{
"text": "If I have been falsely served or subserved, (the making up of a person who does not exist to claim a service, or simply stating \" Jane Doe \" received the service) and the judges don' t care, and the debt collection companies don' t care, I should have the rig... | [] |
I also find the assertion that INVOLUNTARY DEFAULTERS don' t put up a legal defense because they are afraid or have a lack of knowledge about the legal system to be outrageous. Strategic Defaulters save part of the money that could have gone to pay down their debts so they can give it to an attorney who may be able to ... | {
"entities": {
"value": [
{
"text": "I also find the assertion that INVOLUNTARY DEFAULTERS don' t put up a legal defense because they are afraid or have a lack of knowledge about the legal system to be outrageous.",
"start": 0,
"end": 176
},
{
"text": "Strategic ... | [] |
Possibly the most egregious action of all regarding credit card debt occurred in 2002, suspiciously close to the 911 aftermath. While insurance companies were paying out tens of millions of dollars to building owners who suffered damage because of 911 (which technically they should not have done since this was an act o... | {
"entities": {
"value": [
{
"text": "Possibly the most egregious action of all regarding credit card debt occurred in 2002, suspiciously close to the 911 aftermath.",
"start": 0,
"end": 127
},
{
"text": "(which technically they should not have done",
"sta... | [] |
I have a common last name, and for about three years I was bombarded with collection calls for other individuals with my last name and first initial. I finally changed my phone listing from my initials to my nickname and have had only collection call since. I am an elderly retiree. I have no car loan or mortgage. I pay... | {
"entities": {
"testimony": [
{
"text": "I have a common last name,",
"start": 0,
"end": 26
},
{
"text": "and for about three years I was bombarded with collection calls for other individuals with my last name and first initial.",
"start": 27,
"en... | [] |
As a mortgage lender for an FDIC-insured bank, I' m astounded at the number of customers who sit across from me and are wholly dumbfounded when I tell them their loan request is denied because of outstanding collections. For certain there are some people who knew full well they would have collections items and are play... | {
"entities": {
"value": [
{
"text": "As a mortgage lender for an FDIC-insured bank, I' m astounded at the number of customers who sit across from me and are wholly dumbfounded when I tell them their loan request is denied because of outstanding collections.",
"start": 0,
"end": 220
... | [] |
When mortgage holders transfer servicing of a mortgage loan to another creditor, they have rules in place as to informing the consumer that their loan has been sold. Apply the same standards to any debt. | {
"entities": {
"fact": [
{
"text": "When mortgage holders transfer servicing of a mortgage loan to another creditor, they have rules in place as to informing the consumer that their loan has been sold.",
"start": 0,
"end": 165
}
],
"policy": [
{
"text": "... | [] |
The agency needs to be careful of new rules that will, though unintended, be harmful to the free market. However, it is important that litigation is monitored to ensure that the system does not allow reward with no risk. A plaintiff in a lawsuit cannot be placed in a situation where it is rewarding to sue with insuffic... | {
"entities": {
"policy": [
{
"text": "The agency needs to be careful of new rules that will, though unintended, be harmful to the free market.",
"start": 0,
"end": 104
},
{
"text": "but make it clear that only those documents provided to the court in the original... | [] |
There needs to be something in place to stop the frivilous law suits that agencies have to spend thousands of dollars to defend even though they have tried to explain to the consumers/attorneys that there was no wrong doing and no case a lot of these consumers file the suits Pro Se and continue pushing for a settlement... | {
"entities": {
"policy": [
{
"text": "There needs to be something in place to stop the frivilous law suits that agencies have to spend thousands of dollars to defend even though they have tried to explain to the consumers/attorneys that there was no wrong doing and no case",
"start": 0,
... | [] |
Debt collectors should not be allowed to alter their caller ID information. They call misrepresenting themselves as " Process Servers " inquiring information about another person' s debt. This prevents the consumer from reporting the debt collector for violating consumer protection laws because a false identify was use... | {
"entities": {
"policy": [
{
"text": "Debt collectors should not be allowed to alter their caller ID information.",
"start": 0,
"end": 75
}
],
"fact": [
{
"text": "They call misrepresenting themselves as \" Process Servers \" inquiring information about a... | [] |
First, a third party collecting on behalf of a lender isn' t, nor should be, defined as a furnisher of information. While the FDCPA requires notice specific to the validity of the debt, the FCRA has requirements for users of consumer reports. Combining two statue requirements in the initial notice of a debt serves no p... | {
"entities": {
"fact": [
{
"text": "First, a third party collecting on behalf of a lender isn' t, nor should be, defined as a furnisher of information.",
"start": 0,
"end": 115
},
{
"text": "While the FDCPA requires notice specific to the validity of the debt,",
... | [] |
As a Director for Collections now for Kennedy Space Center Federal Credit Union, which is over 500 Million in asset size I try as I have for prior union to file suit closest to the Consumers current address. One method is to assign over to an attorney within the current residence-venue of the Consumer. In legal terms w... | {
"entities": {
"testimony": [
{
"text": "As a Director for Collections now for Kennedy Space Center Federal Credit Union, which is over 500 Million in asset size I try as I have for prior union to file suit closest to the Consumers current address.",
"start": 0,
"end": 207
}
... | [] |
Very confusing if I can pay my student loans directly to DOE or to one of the many private companies who have owned my loan over the years. They continue to try to entice me to restructure the student loan debt-very misleading-without disclosure of their fees at this point I cannot even trace a $30000 fee that was doub... | {
"entities": {
"value": [
{
"text": "Very confusing if I can pay my student loans directly to DOE or to one of the many private companies who have owned my loan over the years.",
"start": 0,
"end": 139
},
{
"text": "It is a web of confusion that I cannot escape."... | [] |
Most of the consumer debt I see if coming from debt buyers and the consumer doesn' t recognize the name or the amount. Many of these are beyond the statute of limitations to file suit but suit is filed anyway. Many consumers don' t know to file an answer is court and a default judgment is entered. The information you s... | {
"entities": {
"testimony": [
{
"text": "Most of the consumer debt I see if coming from debt buyers and the consumer doesn' t recognize the name or the amount.",
"start": 0,
"end": 118
},
{
"text": "Many of these are beyond the statute of limitations to file suit... | [] |
The price of paper (bad debt) varies depending on the collectability of the debt based on info known about the debtor and also varies based on the amount of documentation purchased from the original creditor. Most debt buyers only pay for a couple of recent credit card statements. They may provide a " bill of sale " bu... | {
"entities": {
"fact": [
{
"text": "The price of paper (bad debt) varies depending on the collectability of the debt based on info known about the debtor and also varies based on the amount of documentation purchased from the original creditor.",
"start": 0,
"end": 208
},
... | [] |
The majority of the collection disputes I help my clients with are never validated with documentation. The CRA simply sends a letter stating that the debt was verified although the dispute letter specifically asked for documentation. | {
"entities": {
"testimony": [
{
"text": "The majority of the collection disputes I help my clients with are never validated with documentation.",
"start": 0,
"end": 102
}
],
"fact": [
{
"text": "The CRA simply sends a letter stating that the debt was veri... | [] |
The majority of the clients I work with try to settle their accounts. The main issue is that most of the collection companies will not provide the client with a letter of agreement until after the payment is made. They also will often wait weeks for a receipt. I have even had clients tell me that the company required a... | {
"entities": {
"testimony": [
{
"text": "The majority of the clients I work with try to settle their accounts.",
"start": 0,
"end": 69
},
{
"text": "I have even had clients tell me that the company required a $10. 00 payment for the receipt.",
"start": 26... | [] |
Unscrupulous debt collectors use this tactic trying to force people into agreeing to repay a debt. The threat of debt collection calls at work is a powerful incentive to repay a debt. | {
"entities": {
"value": [
{
"text": "Unscrupulous debt collectors use this tactic trying to force people into agreeing to repay a debt.",
"start": 0,
"end": 98
},
{
"text": "The threat of debt collection calls at work is a powerful incentive to repay a debt.",
... | [] |
The Pro Publica piece on one " installment " loan lender has plenty of examples of harassment that goes over the line that is not covered by this language Truly dreadful conduct. __URL__ | {
"entities": {
"fact": [
{
"text": "The Pro Publica piece on one \" installment \" loan lender has plenty of examples of harassment that goes over the line that is not covered by this language",
"start": 0,
"end": 154
}
],
"value": [
{
"text": "Truly drea... | [] |
As a creditor, I can agree with this notification on medical services since most people receive bills from companies they never heard of. When it comes to auto loans, and other monthly installment loans, I am sure the consumers are aware of the debt and who it is payable to, unless sold. This could be a huge regulatory... | {
"entities": {
"value": [
{
"text": "As a creditor, I can agree with this notification on medical services",
"start": 0,
"end": 69
},
{
"text": "When it comes to auto loans, and other monthly installment loans, I am sure the consumers are aware of the debt and wh... | [] |
I was never informed by Bank of America that they sold my credit card and closed the card. When I realized it, I paid it off immediately. During that quarter, after long illnesses, my Father and Mother both passed (within 31 days of each other) and frankly, credit card payments were not in the forefront of my thinking.... | {
"entities": {
"testimony": [
{
"text": "I was never informed by Bank of America that they sold my credit card and closed the card.",
"start": 0,
"end": 90
},
{
"text": "When I realized it, I paid it off immediately.",
"start": 91,
"end": 137
... | [] |
Depends on the type of Bankruptcy. If it is a CH 13 many times the creditors receive more money than if they choose to forgive a portion of the debt and settle direct with the consumer. This is because of the strict " means test " for CH 7. | {
"entities": {
"value": [
{
"text": "Depends on the type of Bankruptcy.",
"start": 0,
"end": 34
},
{
"text": "This is because of the strict \" means test \" for CH 7.",
"start": 186,
"end": 240
}
],
"fact": [
{
"text": ... | [] |
I am concerned about the perception consumers have concerning older debts. With the knowledge that this legislation is both to improve debt collection practices (helping the credit industry) and to educate and protect consumers (to increase confidence and enforce their rights), this is especially relevent. Many consume... | {
"entities": {
"value": [
{
"text": "I am concerned about the perception consumers have concerning older debts.",
"start": 0,
"end": 74
},
{
"text": "With the knowledge that this legislation is both to improve debt collection practices (helping the credit industr... | [] |
If a consumer is notified that their debt has been sold, there should be a way to contact the original creditor to verify. e. there should be a paper trail I see an opportunity for scam artists to claim that (as they are now) the consumer owes money to them and to pay off their debt immediately to the scam artist. With... | {
"entities": {
"policy": [
{
"text": "If a consumer is notified that their debt has been sold, there should be a way to contact the original creditor to verify.",
"start": 0,
"end": 122
},
{
"text": "e. there should be a paper trail",
"start": 123,
... | [] |
If a consumer sends a post dated check (s) and it bounces then it may not fall under the bad check enforcement. Also, consumers use ACH capability to repay a debt, so if the amount is not available, then this may also not fall under bad check enforcement. My experience is more consumers use ACH rather than personal che... | {
"entities": {
"value": [
{
"text": "If a consumer sends a post dated check (s) and it bounces then it may not fall under the bad check enforcement.",
"start": 0,
"end": 111
},
{
"text": "so if the amount is not available, then this may also not fall under bad ch... | [] |
while this isn' t the best forum for me to go into my company' s entire collection process, we work a debt for at least 120 days with letters, live agent calls, robo calls, emails, mailed invoices, and by suspending subscription service (where allowed) as part of our collection campaign. Even then, we only go to litiga... | {
"entities": {
"testimony": [
{
"text": "while this isn' t the best forum for me to go into my company' s entire collection process, we work a debt for at least 120 days with letters, live agent calls, robo calls, emails, mailed invoices, and by suspending subscription service (where allowed) as pa... | [] |
The CFPB should require debt sellers to contact the debtor and inform them the debt has been sold. Additionally, ALL pertinent information must be given to the debtor to eliminate any confusion. Furthermore, the seller of the debt must be required and enforced to annotate the debtors credit report with the sale to help... | {
"entities": {
"policy": [
{
"text": "The CFPB should require debt sellers to contact the debtor and inform them the debt has been sold.",
"start": 0,
"end": 98
},
{
"text": "Additionally, ALL pertinent information must be given to the debtor to eliminate any con... | [] |
The idea is sound in principle, but as any technology geared towards convienance, there are risks against privacy encouraging identity theft. Having creditors, collectors, and consumers come together " on the same page " regarding debt would be fantastic for everyone involved. But any technology which accomplishes this... | {
"entities": {
"value": [
{
"text": "The idea is sound in principle,",
"start": 0,
"end": 31
},
{
"text": "but as any technology geared towards convienance, there are risks against privacy encouraging identity theft.",
"start": 32,
"end": 141
... | [] |
security would be paramound. Since the weaknesses in current authentication practices financial institutions/others covered by FACTA and the FCRA are not within the scope of this legislation, it shouldn' t be difficult to impose those same security standards on any centralized debt collection database. | {
"entities": {
"value": [
{
"text": "security would be paramound.",
"start": 0,
"end": 28
},
{
"text": "Since the weaknesses in current authentication practices financial institutions/others covered by FACTA and the FCRA are not within the scope of this legislati... | [] |
I strongly endore drose977' s response. Currently, debt collection agencies can sell debt without proper validation. Or they can sell the debt if a consumer disputes the debt and the agency can' t product the proper validation. These things should not be allowed and are very detrimental to the consumer. Consumers shoul... | {
"entities": {
"value": [
{
"text": "I strongly endore drose977' s response.",
"start": 0,
"end": 39
},
{
"text": "as they, typically, have far less resources to fight inaccurate information.",
"start": 371,
"end": 447
},
{
"te... | [] |
The most common consumer contact my firm receives as a dispute is the comment by the consumer on a call with the agency that " it' s not my debt ". While that may be a true statement in some cases, some proof from the consumer should be required as to why the debt isn' t theirs. For our customers, proof of residence at... | {
"entities": {
"testimony": [
{
"text": "The most common consumer contact my firm receives as a dispute is the comment by the consumer on a call with the agency that \" it' s not my debt \".",
"start": 0,
"end": 147
}
],
"policy": [
{
"text": "While that ... | [] |
Consumers should not be allowed to dispute a debt using identity theft as a reason without proof as well. Otherwise some consumers will " game " the system and make false disputes. | {
"entities": {
"policy": [
{
"text": "Consumers should not be allowed to dispute a debt using identity theft as a reason without proof as well.",
"start": 0,
"end": 105
}
],
"value": [
{
"text": "Otherwise some consumers will \" game \" the system and mak... | [] |
I currently have an alias on my Credit report that I have NEVER gone by. I' ve disputed this serveral times and I can' t get this alias and the related debt off my report. As such I want federal laws that REQUIRE an agency to produce some paperwork, legal document that proves a consumer used that alias on a credit appl... | {
"entities": {
"testimony": [
{
"text": "I currently have an alias on my Credit report that I have NEVER gone by.",
"start": 0,
"end": 72
},
{
"text": "I' ve disputed this serveral times",
"start": 73,
"end": 107
},
{
"text": "... | [] |
The CFPB should ban workplace calls completely. Consumers provided a home phone number when they take on the debt and that should be the number they call to collect it. Communicating by registered/certified letter should also be the alternate method not workplace calls. Second Massachusetts limiting the total number of... | {
"entities": {
"policy": [
{
"text": "The CFPB should ban workplace calls completely.",
"start": 0,
"end": 47
},
{
"text": "and that should be the number they call to collect it.",
"start": 114,
"end": 168
},
{
"text": "Communi... | [] |
More information to the consumer with the initial notification would be more confusing and intimidating than it already is for them. Simplifying the initial notification while including information about how to contact someone if you do not recognized this obligation is the way to go. Then the CFPB can design and requi... | {
"entities": {
"value": [
{
"text": "More information to the consumer with the initial notification would be more confusing and intimidating than it already is for them.",
"start": 0,
"end": 132
},
{
"text": "Simplifying the initial notification while including i... | [] |
my in-laws had the same issue with BoA. They paid their mortgate EARLY every month and still were reported as late every month. This is tragic and ruined their credit. When these things happen it takes years for the credit to br repaired even though a collector reported the information falsely, incurracately, and repea... | {
"entities": {
"testimony": [
{
"text": "my in-laws had the same issue with BoA.",
"start": 0,
"end": 39
},
{
"text": "They paid their mortgate EARLY every month and still were reported as late every month.",
"start": 40,
"end": 127
}
],... | [] |
As someone who regularly reviews credit reports, I am appalled by a practice I see regularly. Debt Collectors frequently resubmit the report of a debt as delinquent every month. This will have a highly adverse impact on the consumer' s credit scores. | {
"entities": {
"testimony": [
{
"text": "As someone who regularly reviews credit reports,",
"start": 0,
"end": 48
}
],
"value": [
{
"text": "I am appalled by a practice I see regularly.",
"start": 49,
"end": 93
},
{
"te... | [] |
If federal rules can be ignored by local/municipal/state laws then the federal laws are irrelevant. Consumer credit is recognized in all 50 states and internationally. As such these laws should be enforced by each state and lower courts and states and such should not be able to make laws that ignore of superseed federa... | {
"entities": {
"value": [
{
"text": "If federal rules can be ignored by local/municipal/state laws then the federal laws are irrelevant.",
"start": 0,
"end": 99
}
],
"fact": [
{
"text": "Consumer credit is recognized in all 50 states and internationally."... | [] |
Calling someone' s work is clearly and without dispute intended to embarrass and annoy. It is never acceptable. | {
"entities": {
"value": [
{
"text": "Calling someone' s work is clearly and without dispute intended to embarrass and annoy.",
"start": 0,
"end": 87
},
{
"text": "It is never acceptable.",
"start": 88,
"end": 111
}
]
},
"relations": ... | [] |
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