Most people don’t think or even ever heard of the Fair Debt Collections Practices Act (FDCPA), but understand what it is about. It is PROTECTION FOR THE CONSUMER!
Let’s start with what a Consumer is. You need to understand that a Consumer is the life blood of all commerce, the entire economy and the FDCPA is the LAW that protects you. Well it not only protects you, but also your Family. You, as a Consumer dictate what business stays in business, and when you can’t purchase, spend, or lend, the entire economy crashes. Another part of the definition is PERSONAL, FAMILY, HOUSEHOLD, or PFH for short. The definition of “Economy” is “household management”, and that is exactly why you must be protected, and what the FDCPA helps you do, manage and protect your consumer wealth. It is also the Only place in Law that describes you, as a NATURAL PERSON, meaning you can do something nobody else can, CREATE. So remember above where I said, Consumer’s Lend, well don’t be confused, I will explain as we go along…
So you have general idea of what a Consumer is, how important Consumers are, let’s get to what Debt is… Debt is everything. Traffic tickets, taxes, child support, along with mortgages, credit cards, and insurance. Yes, it is all debt, and should be treated the same, because it is directly related or created from PFH. Debt is created when Consumers lend Credit. How did I arrive at this conclusion? Simple, Consumer’s are the ones with CREDIT. We all know, and have known for a long time, BANKS DON’T LEND. If you didn’t know that, look up exactly what “fractionalized banking” is. In a nutshell, the extension of any credit is your own, banks don’t have credit. They don’t pull money from their own account to lend, and they CAN NOT pull depositors money to give to you. All they do is take the asset (note, credit agreement) and add it to the assets of the bank. In doing this, they also add a liability, or debt to the other side of the books. That’s the simple part, I won’t get into Securitization right now, but it’s another thing you should look up. Point is, your not only the Consumer, but also the Creditor. You are both. So who does the debt belong to? Well it would be the Banks debt. Why, because they didn’t lend, but are using your credit as an asset. So if you think about it, the Consumer is the only one that risked anything. If the bank didn’t lend, what did they risk? Nothing, so if you didn’t pay it back, would they be out anything? Really, you should be asking, Why are they not paying you? Lastly, why are debt collectors all up in your face attempting to get you to pay for the banks use of your credit? Simple, because if you really knew how the entire system worked, you wouldn’t participate, and they need you to participate or you would participate but on your terms, not theirs. Think of a world where the bank pays you interest on your note, and the use of your credit, instead of the other way around. Things would be different wouldn’t they….yes they would, but let’s keep going.
The debt you created and defaulted on is sold for pennies on the dollar. I mean PENNIES! Like 5 cents per dollar. So debt collectors purchase a $1000.00 debt for about $50. Get it, then they try to collect the entire $1000. When you pay, the debt collector is making $950 on a debt owed to you for the extension of your credit. An amount you lent the bank. I really want you to think though that. If you owed a bank $1000, and they really lent you something, would they really just sell it for $50? Hell no! They would not! Is it starting to click yet? If you lent your friend $100, wouldn’t you expect the whole $100 back? Would you just sell it for 5 bucks? No, you would not, you would want to recoup as much as you can in selling it off, at least half. So now you understand why banks do it.
Now the FDCPA are the rules that Debt Collectors MUST follow in order to collect a debt. First, they have to find you. Well finding you generally involves Identity Theft. Yes, this would include the debt collector having your Social Security number, which is used in Skip Tracing, or to pull records from the Credit Reporting Agencies. In mortgage foreclosure they just go to the crime scene which is the County Recorder. Point is, it’s information they should not have. So they have violated Sub-section B, just by finding out where to send a letter, or “dunning notice”, or your phone number. Many times, in an effort to find you, they will call your family members, or non family members who have the same last name… No matter what, they have to violate in order to find you.
Now let’s figure out what communication is. Communication is Any Medium. Phone, email, mail, etc.. any medium. Sub-section C is where you will find out how they can communicate with you. The very first part, 1692 c, states: Without the PRIOR CONSENT OF THE CONSUMER GIVEN DIRECTLY TO THE DEBT COLLECTOR… Here we go. That means, no calls, no letters, no emails, stating you owe anything unless they have asked for and been given YOUR CONSENT. Understand what this means. When you receive a dunning notice, or a phone call, you want to simply ask questions. Such as Who are You?, How did You get my Information? State you don’t know them, etc..
Remember how your mother told you Never to talk to Strangers? Well her advice will come in handy right at this point. This is a STRANGER! Do you as a rule talk about your personal business with strangers? If Joe blow sitting at the bus stop asked for your PIN code, or bank account number, etc… would you give him the information? Hell no you would not. So why when a stranger calls you or sends you a letter would it be any different?
Here’s the trick. Debt collectors will use a 2nd hand info, a transaction you may recognize to get you to give your consent. This is how Strangers enter your home. They play on your guilt, your recognition of a consumer transaction from long ago, just to get past the door way, just for you to invite them in. So don’t do it. Here, I will give you an example of a phone call.
Consumer (C): Hello.
Debt Collector (DC): Hi is this Tiffany?
(C): Who is calling?
(DC) This Joe, from ABC Law Firm
(C) What can I do for you Joe?
(DC) Is this Tiffany? I need to know if I am speaking to Tiffany.
(C) Well Joe, what do you need Tiffany for, and how did you get this number?
(DC) I am calling on behalf of Widget Bank in reference to an account Tiffany has.
(C) So you work at the bank?
(DC) No, I am calling in reference to an account Tiffany has.
(C) Well, I can have Tiffany call the bank herself. I don’t give out information over the phone, and I am not familiar with you. So at this time I cannot answer any questions.
(DC) Can I confirm Tiffany’s address is blah, blah, blah.
(C) Again, I’m sorry but I cannot answer any questions as I am not familiar with you, your employer, or you firm. Good day. Click.
Get it, don’t give in, don’t give out info, don’t make it easy for them, DON’T GIVE YOUR CONSENT! Don’t be afraid to ask questions, and treat them all like strangers. Including if you get a dunning notice in the mail. Don’t jump to a dispute notice right away, (1692G), stay right at your front door. You write out your I don’t know you, I refuse to pay a debt, get out of my business letter. You don’t know them, don’t let them in!
The 2nd of 1692 C is “permission from a court of competent jurisdiction”. So what would that be? Well, the FDCPA is Federal Law, so I guess the only competent court would be a Federal Court. Meaning if the debt collector wants to even as you a question, they can go to a Federal Court and ask a judge for permission to speak with you. Now that’s just permission to speak to you, not to collect from you.
Those two pieces alone are gold. You can stop debt collectors with just that. Really, if they purchased something for $50 bucks, are they going to file in court to just speak with you? No, odds are, they drop you, and go after somebody that has not read this blog! It costs $400 to file in the Federal Court. So trust me, they will move on depending on how much the debt is.
Peace,
Tiffany
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