Do Consumers Really “Trick” Debt Collectors into FDCPA Lawsuits?

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It’s a constant refrain from some in the debt collection and ARM industry: many of the lawsuits claiming violations of the Fair Debt Collection Practices Act (FDCPA) are the result of consumers “baiting” debt collectors into technical violations.

There is evidence to suggest that, yes, some consumers do appear to be following a script of questions to ask debt collectors in the hopes that the wrong answer will come up. And further, there are new tactics and questions that have begun to pop up in different parts of the country.

In the latest episode of their ARM industry legal audio blog, The Debt Collection Drill, attorneys John Rossman and Mike Poncin discuss how certain consumer questions to debt collectors frequently result in FDCPA lawsuits and how to respond to those specific questions.

Listen to the episode below:

Do Consumers Trick Collectors Into FDCPA Lawsuits? 

http://traffic.libsyn.com/thedrill/TDCD_ep21.mp3

(if you can’t see the player, listen to the podcast at http://traffic.libsyn.com/thedrill/TDCD_ep21.mp3)

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Posted in Collection Laws and Regulations, Debt Buying, Debt Collection, FDCPA, Featured Post .

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Continuing the Discussion

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  • avatar Jim Luce says:

    I could not read, print or listen to the full article…???

  • avatar jessie-gomez says:

    I have said it in the pass and I will say it again stay off the phone with the low life deadbeat consumers.

  • avatar Patrick Lunsford says:

    Jim Luce: if the audio player embedded in the story is not working, you can listen to the file directly at http://traffic.libsyn.com/thedrill/TDCD_ep21.mp3.

  • avatar FriendoftheCourt says:

    Let me put it this way. If you get baited and rise to the bait, it is not the fault of the consumer.

    If YOU violate the law, YOU violate the law, not them.

    It is pretty childish to keep claiming that “Mikie made me do it!”

    But then again, there are a lot of children masquerading as adults.

  • avatar Debt Guy says:

    Entrapment laws exist in criminal justice for a reason. Obviously they don’t apply in these cases but apparently in at least one area of the law it was recognized that abuse of the system was a big enough problem to create a counter balance. I’d say its entirely conceivable that a consumer with dishonest intentions is capable of misusing a system that is designed to protect from legitimate abuse.

  • avatar Marc Johnston says:

    Are they really “tricking” or “baiting” collectors? One need only look at the following website to get the answer to that question:

    http://www.payafterdeletion.com/pay-after-deletion-programs/poke-the-bear-credit-repair/

    Does it get more plain and obvious?

    This, along with submitting frivolous and repeated “verification of debt” requests that do nothing to voice a legitimate dispute has become the preferred method of getting out of bills you don’t feel like paying or cleaning up your credit.

    On a related topic, and this is old news……..part of the reason that debt collector’s are looked at the way we are is directly related to the type of language that Jessie Gomez (see post above) and others continue to throw around in discussions and forums such as this. Regardless of the reasons for their situations Jessie, there is only 1 effect that comes from your continued abusive language. MORE AND MORE OF WHAT WE ARE ALREADY DEALING WITH. Do us all a favor and start speaking like a man and not some punk bill collector.

  • avatar Marc Johnston says:

    and i agree with friend of the court……..dont “rise to the bait” and you have no worries. Exercise a little self control.

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