Saturday, January 15, 2005

BBB Sends Warning About Tactics Of Local Collection Agencies

The Better Business Bureau urges consumers who are contacted by collection agencies to understand their rights under the Federal Trade Commission’s Fair Debt Collection Practices Act.
Four such agencies have come to the BBB’s attention due to patterns of complaints alleging questionable collection tactics. These agencies include Client Services, Inc., 3451 Harry S. Truman Boulevard, St. Charles, Mo.; Central Credit Services, Inc., which is headquartered in Jacksonville, Fla., and which maintains an office at 67 Charleston Square, St. Charles; Midwest Support Services, Inc., 3910 Old Highway 94 South, Suite 105, St. Charles; and Specified Credit Assn., Inc., 3450 Bridgeland Drive, Suite F, Bridgeton, Mo.
The BBB has received more than 250 complaints and reports regarding Client Services, Inc., in the past 36 months.
Complainants primarily allege that the firm attempted to collect debts from consumers who didn’t owe a debt, had rude employees, used improper collection tactics, improperly billed consumers, used vulgarity, and made threatening and harassing phone calls to consumers.
The BBB has sent letters to the firm bringing to its attention the number and pattern of complaints received. The BBB has not received a response.
John L. Kastner is listed as the president of Client Services, according to the Missouri secretary of state’s Web site.
A St. Louis man told the BBB the firm called him four times a day for three days in a row to collect on a debt which he said he had paid six months earlier. He said, “Mr. Billings swore at my wife, cussed at her, and said that he was going to destroy her credit rating. I told him on one occasion I have the documentation that this had been paid off. He (the collector) said, ‘I know people like you. I run into them every day.’ It was a harrowing experience.”In the past 36 months, the BBB has received 100 complaints and reports regarding Central Credit Services.
Complainants primarily allege that the firm made harassing phone calls using rude and vulgar language, provided poor customer service, withdrew funds from customers’ bank accounts either in error or without their permission, and made harassing calls to consumers who don’t owe a debt.
The BBB has sent letters to the firm bringing to its attention the number and pattern of complaints received. The firm responded to the BBB by stating its complaint total is low in comparison to the amount of calls it placed and, among other things, complaints alleging rude and vulgar language are unsubstantiated.
Jeffrey Durante is listed as the president of Central Credit Services, according to the Missouri secretary of state’s Web site.
A St. Charles woman alleged that the firm aggravated her feelings about her family’s troubled financial condition and bankruptcy when it began making insulting phone calls to her at work regarding an unpaid store credit card. “Jason contacted me at work and said the next day the sheriff is going to come to my office and issue me a summons for failing to pay. He screamed at me, told me I was stupid, and called me an idiot.” The firm responded to her complaint by closing her account and referring the debt back to the original creditor.
Midwest Support Services has been the subject of 32 complaints and reports received by the BBB in the past 36 months.
Complainants primarily allege that the firm made harassing phone calls to their homes and made rude, threatening, vulgar, or insulting comments, provided poor customer service, attempted to collect a debt when no debt was due, damaged consumers’ credit in error, used improper collection tactics, and improperly billed consumers.
The BBB sent a letter to the firm bringing to its attention the number and pattern of complaints received. The firm responded to the BBB by stating that because it deals with consumers who fail to pay their bills, they lie about the firm to the BBB to make it look bad.
David Kelcher Jr. is listed as the president of Midwest Support Services, according to the Missouri secretary of state’s Web site.
A St. Louis complainant told the BBB the firm recently contacted her about a seven year old dermatologist bill she has proof that she paid. She said the collector threatened her and then refused to listen to her side, “He said he was going to ruin my credit rating right there on the spot. He hung up on me when I tried to talk to him about it.” The firm responded to the complaint by stating it will not remove the negative mark on her credit rating and will stop sending her letters and calling her when she pays the bill.In the past 36 months, the BBB has received 27 complaints and reports regarding Specified Credit. The firm failed to respond to 17 of them resulting in an unsatisfactory record with the BBB.
Complainants primarily allege that the firm made threatening and harassing phone calls, had rude employees, threatened to garnish consumers’ wages, failed to provide services for creditors when requested, had improper credit or billing procedures, attempted to collect debts from consumers who didn’t owe a debt, used vulgarity, and failed to provide refunds when requested.
The BBB has sent letters to the firm bringing to its attention the number and pattern of complaints received. The BBB has not received a response.
According to the Missouri secretary of state’s Web site, Michael Varady is listed as the president of Specified Credit.
A St. Louis veterinarian who used the firm to collect on delinquent accounts told the BBB he was shocked at their response when he called them to request a payment, “When I tried to call them, (an employee) got on the line and chewed me out. He called me one profanity after another. This went on for five minutes. Then they told me ‘don’t ever call this office again’ and slammed the receiver down.”
The following is a list of some highlights of the Fair Debt Collection Practices Act of which consumers should be aware:

Debt collectors may not falsely imply that the consumer has committed a crime or that he or she will be arrested if the debt is not paid.
Debt collectors calling outside parties to obtain information on the whereabouts of a person who owes a debt must not reveal that the subject person owes the debt. The collector may only contact these parties once unless the information provided is incomplete or erroneous.
A debt collector is allowed to make consumer contacts only between the hours of 8 a.m. and 9 p.m. local time at the consumer’s location.
If a consumer notifies the debt collector in writing that he or she refuses to pay a debt or that he or she wants the collector to cease contacting him or her, the collector must cease except in rare circumstances.
A debt collector may not harass, oppress, or abuse any person in connection with the collection of a debt. This includes the use of obscene or profane language, causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with the intent to annoy, abuse, or harass any person called.
If the consumer notifies the debt collector in writing within the 30-day period that the debt or a portion of it is disputed, or if the consumer requests the name and address of the original creditor, the collector shall cease his or her collection attempts until he or she obtains this information and it is mailed to the consumer by the collector.
Consumers who have questions, disputes, or whose rights may have been violated regarding a collection agency may contact the Federal Trade Commission at (877) FTC-HELP (382-4357) or at www.ftc.gov. There is a copy of the Fair Debt Collection Practices Act available on the FTC’s Web site. Consumers may also report their experiences or file a complaint with the BBB by calling (314) 645-3300 or visiting www.contactbbb.org.