As a debt collection agency, you represent your company and the client you are collecting for. A recent, rare display of abusive behavior represents exactly what you shouldn't do as a debt collector.
According to the East Texas Bureau, a debt collector was accused of making more than 100 phone calls to an individual inquiring about a debt that was first owed in 2008. The news source didn't reveal the time frame in which the phone call occurred, but whether it's in a span of one week, one month or one year, 100 phone calls is way too many.
According to the Fair Debt Collection Practices Act, it is considered illegal to contact the debtor multiple times within a short time frame. The debtor additionally has the right to inform the collection agency to halt all contact with them concerning the debt. Additionally, while the debtor in this case did not reportedly ask for that, the collection agent may have felt they have the right to maintain their pursuit - but they crossed the line.
As a skip tracer, you have to be smarter than this particular individual. Even if a debtor doesn't request communications to stop between them and the collection agency, the tracer must adhere to the FDCPA.
There are alternatives to stampeding your debtors with phone calls and you should consider the following options:
• Email and Postal mail. Many consumers may purposefully ignore a phone call if it shows up on the caller ID as an unknown number. If they recognize your number, they may also choose to ignore. Sending an email and postal mail may give you a better chance of responsive action. Some people may prefer to interact via mail.
• Alert their credit agency. If you have proof the debtor has refused to pay and hasn't followed through on their agreement, you can file a report to their credit agency. Some consumers may choose to go the legal route and challenge you in court, while others may immediately pay the debts in order to clear the bad credit report. However, remember that the money owed is rightfully yours.
Remember to follow the FDCPA and never put your company in a position that will hinder your collection rate or reputability.