February 23, 2012

Judge Slaps Bank of America and Debt Collector West Asset Management Over Debt Collection Harassment

CES 2012 – Consumer Electronics Show
consumer

Image by David Berkowitz
Consumer Electronics Show 2012 – Las Vegas, Nevada
(cc) David Berkowitz – www.marketersstudio.com / www.twitter.com/dberkowitz

gaveljanjpg

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.

FMD Consumer News

Judge Slaps Bank of America and Debt Collector West Asset Management Over Debt Collection Harassment

CES 2012 – Consumer Electronics Show
consumer

Image by David Berkowitz
Consumer Electronics Show 2012 – Las Vegas, Nevada
(cc) David Berkowitz – www.marketersstudio.com / www.twitter.com/dberkowitz

gaveljanjpg

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.

FMD Consumer News

Worst Ad In America Voting Open Until Sunday @ 5 pm ET

More than 100,000 votes have already been counted in this year’s Worst Ad In America awards but some of the races are still separated by less than 1%. So make sure to get your votes in now — or forever hit your fast-forward button!

VOTING ENDS 5 p.m. ET SUNDAY, OCT. 16. LOSERS TO BE ANNOUNCED MONDAY MORNING!

The Consumerist

Vote Here For The Worst Ad In America Awards!

You told us which TV ads annoy you the most, now it’s time to select the worst of the worst!

In case you need to do proper research before voting — or if you just want to annoy yourself — click on any nominee to view the associated YouTube video in a new tab or window.

VOTING ENDS 5 p.m. ET SUNDAY, OCT. 16!

The Consumerist

Arizona AG Terry Goddard Charges Bank of America with Mortgage Fraud

Attorney General Terry Goddard announced that his Office today filed a lawsuit against Bank of America Corporation and its affiliated companies (“Bank of America”) alleging violations of the Arizona Consumer Fraud Act and violations of the consent judgment entered in March 2009 between Arizona and the Countrywide companies owned by Bank of America.
Video Rating: 5 / 5

ID Theft, you sometimes forget it can happen to you, here is video I developed to protect yourself so you can take action and be in control of what’s going on around you. MUST SEE LINK: www.wreg.com
Video Rating: 5 / 5

Question by CountessN: Can you remove past information off of your Consumer Profile?
Can a previous employer remove derogatory information off of your consumer profile. My situation is that I took a check for over 300 dollars for a customer purchase and the customer forgot to sign it. I was fired and they put me in a database of some kind so every time I try to find a new job, I have cash register fraud on my background check. Is there a way to take this off of my record? Thanks!

Best answer:

Answer by Nettajay
You really need to clear this up. With internet, everything is forever. I don’t see why a customer not signing a check would be considered a fraud, all someone had to do was call the customer and ask for her signature. Is there something you left out of this story? Anyway, if the store still exist, talk to the store manager and see if you can resolve this issue. If that does not work seek legal help. You do not want this black mark to follow you forever.

Know better? Leave your own answer in the comments!

Do you think peer pressure is the cause of a lot of consumer debt in America?

Question by me-inside: Do you think peer pressure is the cause of a lot of consumer debt in America?
Looking at the madness of Black Fridays and seeing people litterly killing themselves in order to buy stuff “on sale” in which they don’t even need to survive….this question just popped in my head.

Best answer:

Answer by Poyzin
I thnk half the time it’s peer pressure, and i think half of the time it’s to get the hottest toy for your kids, or to get the best deal on toys for your kids.

People worship their kids these days, in a way that was unheard of when i was growing up 25 years ago.

Everything is hyped up too much .

I like the book “Your money or your life” which exposes all this consumerism for the sin that it is.

Add your own answer in the comments!

With Consumer Credit Up Sharply, Is America Releveraging? – DailyFinance


Reuters
With Consumer Credit Up Sharply, Is America Releveraging?
DailyFinance
A series of data releases about consumer borrowing this week paints a picture of an economy that's rebounding smartly from its earlier doldrums.
Consumers Are Spending More On Credit Cards: Federal ReserveCollections & Credit Risk
Consumers are borrowing again: is that a good thing?International Business Times
Credt Card Interest Rates Gone WildABC News
Bloomberg -AFP -NASDAQ
all 569 news articles »

consumers – Google News

Bank of America Thaws Foreclosure Freeze

Abusive Consumer @ Westside Welding & Machine
consumer

Image by Dead Air
Abusive Consumer stole the show with a brilliant last minute set of experimental electronics (AKA noise) at Westside Welding and Machine in beautiful downtown Vancouver, WA on Saturday, October 1st, 2010.

If you’re an under-the-gun homeowner with a Bank of America mortgage and you’ve been keeping your fingers crossed that the bank’s temporary suspension of foreclosures would continue indefinitely, you can uncross them. The bank announced today that it would resume foreclosures this month.

CNN reports that Bank of America has examined its processes, and is ready to get back into the foreclosure business.

“We have identified areas of our process that can be improved and while we make these improvements, it’s important that we move ahead with efforts to reduce the number of abandoned properties across the country,” said Barbara Desoer, president of Bank of America Home Loans, in a statement. “The properties can drag home values in neighborhoods and slow the eventual recovery of the housing market.”

Bank of America expects to foreclose on 16,000 homes this month. But BofA will observe a “holiday suspension” between December 20th and January 2nd, so if you’re not kicked out by then, you’ll get a few extra days before you have to pack up and go.

Bank of America to resume foreclosures – Dec. 10, 2010 [CNN.com]

The Consumerist

Debt Collector Unicredit America Inc Accused of Setting Up Fake Courtroom

LadyJustice

The ACA International (lobbying Group for the Collection Industry) continually tells congress that debt collection abuse if few and far between yet many stories are making headlines such as this one.

According the several news outlets a Michigan Attorney General have filed suit against Unicredit America Inc, for false, misleading and coercive collection tactics. Apparently the company set up a fake courtroom completely with fake judge. In addition the ‘court’ had fake deputies that threatened debtors with arrest.

“Authorities charge that Unicredit used civil court subpoenas to summon consumers to fake court hearings that were used to intimidate consumers into providing access to bank accounts, making immediate payments or surrendering vehicle titles and other assets. Sometimes, the complaint charges, Unicredit employees were sent to consumers’ homes in order to retrieve documents or have consumers sign payment agreements.

Consumers also allegedly received dubious ‘hearing notices’ and letters — often hand-delivered by individuals who appear to be sheriff deputies — which implied they would be taken into custody by the Sheriff if they failed to appear at the phony court for ‘hearings’ or ‘depositions’.” ~ GoErie.com

As I have always said that greed in the collection industry spurs many to break the law, harass consumer and to stop to whatever is necessary to collect money. This news item just goes to show that the Federal Trade Commission (FTC) hasn’t taken the collection industry seriously and that the accounts receivables (aka collection industry) does need further and more stringent regulation.

Many consumers are being harmed by such activities, unfortunately the legal system and regulators are slow to act on behalf of those harmed. My best advice to consumers being illegally being harassed or abused is to forego any complaint process and sue bad collectors, either by finding a consumer protection attorney or by filing a lawsuit themselves (pro se). The only way to stop debt collector abuse is by hitting them in their wallets. Until such time that illegal collection becomes financially unfeasible, the abuse will not stop.

FMD Consumer Blog

Powered by Yahoo! Answers