Archive for FDCPA
Abusive Practices by Mann Bracken Exposed on Local News Broadcast
Posted by: | CommentsWSBTV of Atlanta, Georgia recently ran a segment documenting the abusive collection practices of Mann Bracken. WSBTV reports that the Georgia Attorney General is currently suing Mann Bracken over alleged abusive practices.
The segment airs images of Mann Bracken’s infamous 14th floor, described as a “boiler room” which houses Mann Bracken’s abusive collection unit. The segment details the following abusive collection acts by the firm:
- A recording of a call in which a Mann Bracken collector chides a debtor for not affording the debt the same priority as a utility payment;
- Mann Braken’s refusal to heed a consumer’s protest against their collection attempts on the basis that the debt was not owed by her and where the original creditor admitted in writing that the debt was the product of fraud and was not owed by the consumer;
- Attempts to collect debts by placing harrassing telephone calls to elderly relatives;
- Threats to take the consumer’s home;
- Lawsuits against debtors on debts that are clearly time-barred.
Steve Koval, a consumer attorney, comments that Mann Bracken knowingly pursues abusive debt collection tactics because such tactics are profitable, even after accounting for the inevitable FDCPA based lawsuits filed against them.
The segment closes with a very interesting encounter with William Christopher Bracken, III, a co-founder of the firm.
The video can be viewed by clicking here.
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If this has happened to you, you are not alone! Please watch this clip from the film Maxed Out. Debt collectors intentionally contact your work, family, neighbors, and friends with the goal of embarrassing you into making a payment that you may not be able to afford or that you may not even owe.
Contrary to the statement in the clip, it is not legal for a debt collector to call your neighbors or family members. The Fair Debt Collection Practices Act prohibits a debt collector who is collecting a consumer debt from contacting a third party without the consumer’s consent. There is a very limited exception to this rule. That is, a debt collector may contact a third party to obtain ”location information.” In most cases, this exception does not apply and it certainly does not allow disclosure of the consumer’s personal information. If you are aware that a debt collector has contacted ANY third party (i.e. work, family, neighbors, friends) attempting to collect a debt from you, you should contact an experienced consumer attorney to determine whether you have a claim under the Fair Debt Collection Practices Act.
(Copyright - Amy B. Good-Ashman 2008)
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Consumers Have Rights Under Fed Law
Posted by: | CommentsIf you are a consumer and you feel that you are being abused or harassed by a debt collector, there is hope! There is a Federal law that governs the way debt collectors can and cannot behave while collecting consumer debts. It is called the Fair Debt Collection Practices Act, commonly referred to as the “FDCPA.”
In general, the FDCPA protects consumers from abusive treatment by debt collectors who are collecting consumer debts as outlined in the FDCPA. Some of the prohibited conduct by debt collectors is as follows*: Read More→
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