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Consumer Electronics Show 2012 – Las Vegas, Nevada
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A Florida judge says a widow was harassed by Bank of America and debt collector West Asset Management in violation of state law. The “kicker” is that the woman didn’t owe the debt. The harassment ensued because of a debt her now deceased husband incurred on a Bank of America credit card.
Most consumers are unaware that they aren’t responsible for debts incurred by spouses, even when they are deceased. The only time a spouse could be responsible is they consigned on a loan or credit card agreement. If they didn’t then they don’t have to pay.
When a person passes away, all debts are supposed to go through the courts and companies receive any monies from the deceased’s estate, if there is any. Despite that fact, many companies and debt collectors will go to almost any lengths to collect debts from surviving family members, even though the family has no legal obligation to pay off a debt on behalf of the deceased.
The ruling clears the way for the plaintiff to get punitive damages from the collector, a unit of West Corp., and Bank of America, which is the second largest U.S. bank by deposits. A civil jury will determine the size of the award next year. The latest ruling is part of an August lawsuit filed by Linda Long, a 68-year-old retired office worker, alleging that the debt-collection firm harassed her by calling as many as 10 times a day about ,651.52 that her husband Millard had accumulated on a Bank of America credit card before his death from colon cancer in March 2010. ~ Wall Street Journal
The Federal Trade Commission recently clarified the rules on contacting family member of the deceased, however it seems that debt collection companies are many times ignoring the regulations. States with weak consumer protection statues regarding debt collection need to strengthen laws to prevent this type of consumer harassment.
ABOUT ALLEN HARKLEROAD
Allen Harkleroad is the author of the book “Stick it to Sue Happy Debt Collectors”. The book has saved countless consumer from the clutches of abusive debt collectors and shady debt collection law firms. Allen Harkleroad is a veteran of beating bad debt collectors, whether it defending himself in court or suing them for violating the law. Allen’s latest book ‘Suing Debt Collectors’, is now available book stores and online.
Allen is an avid and judicious consumer advocate who enjoys helping others. In addition to consumer advocacy he enjoys writing and blogging on various technology and business subjects.
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