Expanding on our article last week where Asset Acceptance was fined 2.5 million for FDCPA & FCRA violations by the FTC, they’ve also agreed to some strict terms going forward.
Specifically, they will advise debtors when debts are time barred and therefore will not sue them. This is a huge victory for consumers given the majority of junk debt buyers purchase really old paper. Much of it 2-12 years old.
From about.com;
Asset Acceptance agreed not to sue debtors over debts that have passed the statute of limitations and to inform debtors when their debt debt may be “too old to be legally enforceable that it will not sue to collect on that debt.”
In a statement to Business Week, an Asset Acceptance representative says they’ll use the phrasing, “Given the age of the debt we will not sue you.” If it’s used correctly, the new phrasing will eliminate many questions over whether the statute of limitations on a debt has expired.
Asset Acceptance’s settlement is the second-largest FTC settlement with a debt collector since a settlement with West Asset Management for $2.8 million in March 2011. West Asset Management was accused of repeatedly calling consumers even about debts that weren’t theirs, informing third-parties of debts, ignoring written requests to stop communication about debts, withdrawing money from consumer accounts without permission, and falsely claiming consumers would be sued over the debts.
Consumers already have protection from harassment under the Fair Debt Collection Practices Act, but a new stricter law that specifically bars collection activity on expired debts seems to be lacking. Especially one that protects people from being sued on old debts.
Of course, if you owe money you should pay it, but time barred debts often go much deeper than bad people just skipping out. Many are result of identity theft, divorce post bankrupt balances or other issues that have caused the debt to go uncollected or be sold repeatedly to junk debt buyers. When this cycle begins its almost impossible to stop. People end up with a debt being sold three to four times and each entry lands on their credit reports as well as the cycle of calls and letters that never seems to end.
With a law requiring all collection agencies to note the date of the original debt and whether they plan to sue would cut a lot of confusion. Of course, for them, it would also radically cut their profits. This settlement with Asset Acceptance may lead us in the right direction for clearer terms when it comes to collection agencies and old debts.
A law that outlines specifics in respect to expired debts would also reduce the number of lawsuits that clog the courts. People who are sued on old debts often have to spend valuable time and money fighting it and proving to the court that the debt is indeed expired and legally barred from lawsuit.
A law that specifically states that collection agencies must reveal time barred debts in their collection notices would be appropriate. It shouldn’t take 2.5 million dollar fines or repeated action from the FTC. A universal rule on expired debts would do that.
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