MERCHANTS OF
DEBT/FOLLOW-UP
Spitzer, Faso address abusive
collectors By FRED
O. WILLIAMS
News Business Reporter
8/12/2006
Abusive
debt collectors who shake people
down for money need to be reined
in, New York's major-party
candidates for governor said,
while they prescribed different
remedies.
Democrat Eliot Spitzer called
for the state to stiffen its
penalties for threats,
harassment and other outlawed
tactics. "Consumer protection
agencies need more weapons in
their enforcement arsenal
against debt collectors who use
illegal and abusive practices,"
a statement from his campaign
office said.
In addition, he said cracking
down on the creation of bad debt
by predatory lending practices
was as important as reining in
aggressive collectors.
John Faso, the Republican
candidate, called the tactics of
unscrupulous collectors
"shocking" but said that
expanding state power was not
the best way to combat them.
Instead, existing federal
penalties should be increased,
and professional groups should
examine the practices of law
offices that collect consumer
debts. "That would be preferable
to a whole new regime of state
authority," he said.
However, Faso said that the
state could also look at
licensing collectors, who face
no license requirement outside
of Buffalo and New York City.
The candidates' statements
came in response to questions
from The Buffalo News, which
published a series on collection
abuses last month. Some
collectors used threats and
harassment, revealed debts to
family or co-workers, and
pressured people who didn't owe
money.
Spitzer, the state attorney
general, noted that his office
has taken collectors to court,
most recently targeting JBC &
Associates, a New Jersey-based
company that collects on bounced
checks it buys from bankrupt
retailers. Consumers complained
that JBC pressed them for money
on checks that had already been
paid.
Consumer advocates say that
abuses are rising because of
insufficient penalties. Low
fines give collectors little
incentive to end harassment, or
even to make sure they have a
legitimate debt, they say.
One industry group responded
that existing regulations hamper
the collection of legitimate
debts, raising costs for
nondebtors who wind up footing
the bill.
"A collector is subject to
all kinds of lawsuits if they do
something wrong," said Lynn
Goldberg, president of the New
York State Collectors
Association in New York City.
Under federal debtor
protection law, consumers who
show wrongdoing by a hired
collection agency can collect a
$1,000 penalty plus attorney
fees.
However, consumer complaints
to regulators are booming, with
gripes to the Federal Trade
Commission up fourfold since
2002.
Spitzer said he would push
lawmakers to expand the state's
collection law and set a $1,000
penalty for violations, matching
the federal penalty. The law
prohibits false threats,
harassment and other abusive
tactics by collectors, including
original creditors like banks.
"We have to stop people from
dunning individuals who have not
in fact violated their debt
obligations," he said.
Spitzer said he favors
allowing individual consumers to
bring their own action against
collectors - a so-called
"private right of action." Under
present law, state or county
authorities must bring an action
against a collector.
A national consumer group
applauded Spitzer's proposal.
"That would expand consumer
resources substantially," said
Robert J. Hobbs, deputy director
of the National Consumer Law
Center in Boston. "I think New
York has suffered from not
having a private right of
action." The expanded penalty
may encourage more lawyers to
represent debtors, who
frequently have difficulty
getting a lawyer, he said.
Hobbs added that New York
should consider adding
injunction power for private
lawsuits, available in some
other states, to allow consumers
to halt abusive collection
tactics.
Goldberg of the collectors
association blamed debt buyers,
who purchase sold-off debts, for
the upsurge in consumer
complaints that he has seen.
Debt buyers don't face oversight
from clients as do agencies that
are hired by banks or other
creditors.
Spitzer agreed. "There is a
key link between sold-off debt
and illegal and abusive
practices," his statement said.