Unfortunately for the industry, collections thrives on agressive individuals who are compensated for bringing in money - not for being scrupulous.
Those who are aggressive also tend to see themselves in a position of authority and because their employer will accept an alleged debt as unquestionable, ergo, the collector is trained to view the debtor as wrong, as someone who owes the money, no questions are allowed and the original creditor could not be in error.
We all know that isn't always the case, but when someone who perceives themeselves as ultimately powerful is challenged in any way, the lines harden and the alleged debtor is put in a category that will often result in punitive actions or even illegal threats.
Any collection firm that allows this to go on should be put out of business, but it takes hundreds of complaints to bring about an investigation, let alone a prosecution. All too often, the company gets a slap on the wrist and goes right back to business as usual - BECAUSE IT PAYS. It pays so much that the fines and restitution are simply part of doing business.
The answer lies with the original creditors. They need to cease dumping
alleged debts, unidentifiable and even purely manufactured debts (remember Alyon and TelConnect?) into the industry and walking away as if it's not their problem anymore.
Medical service providers need to own up to the fact that they routinely fail to hammer insurers into paying appropriately on claims. Conversely, they will inflate bills to make up for the predicted shortfalls and leave the ignorant patient hanging out to dry on the overcharged balances. It's far too easy for the service providers to dump off those unpaid bills to collections as if they were ever valid.
Creditors also need to stop selling debt to the companies that engage in these kinds of practices, and they could do that without any serious effort. Once the slime-balls can't buy any debt, they will go out of business.
Until then, for every one that gets slapped or shut down, two or three will rush in to take their place.
The Honorable Judge Roy Bean
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