It is a known fact that most debt collectors routinely violate federal laws when attempting to collect on a delinquent account. Their greatest ally is consumer ignorance. Most people just do not understand their rights.
One such right is listed in the most comprehensive law related to consumer debt collection. This right is what can stop an abusive debt collector in their tracks. Instead of going to court, you can threaten a more feasible option by saying two words.
Private Mediation
The Fair Debt Collection Practices Act lists, among other remedies available to debtors, private mediation. This can be beneficial when there are conflicting claims on the debt.
Perhaps you owe all or part of a debt. Maybe some of it is in dispute. Suppose that you have documented proof that the debt collector broke the law during the collections process.
If you feel that you have documented proof that the debt collector broke the law, then they may have some liability to you because of a violation. Severe illegal behavior could put the collector in a bad position.
Private mediation can bring out all of the facts and calculate a net amount to resolve the situation. A neutral third party can mediate in an attempt to find final resolution. This resolution could include an amount owed from one party to another, such as a penalty, or of the validity and amount of the debt.
Documented proof of collection violations can help you quickly build a case against deceptive debt collectors. The best proof is recorded telephone conversations in which the violation and the violator are easily identified. The more severe and numerous the violations, the more likely you will have an advantage in private mediation.
Keep in mind that your right to record your own telephone conversation varies by state. You will need to check the laws of your state prior to recording your conversation with a debt collector to ensure that you can legally do so. Otherwise, you may have to write down everything that is said. Keep a log of your conversations including the time, date and caller’s name.
For more information about your rights under the FDCPA, you may review Article 5.1 of the Fair Debt Collection Practices Act.
