Phone Log

Fight Creditors With This Creditors Phone Log

Creditors collecting their own debts are not considered “debt collectors.” Because of this exemption under the Fair Debt Collection Practices Act (FDCPA), creditors often establish their own in-house collections department in an effort to circumvent the FDCPA. People working in these internal collection departments are considered employees of the creditor and, because they are collecting on behalf of the creditor, are exempt from the FDCPA. These internal collectors call you at all hours of the day and night, call your neighbors and even your boss! These employees literally do anything to collect the debt. Some creditors even offer huge bonuses and incentives to the employee who collects the most on a monthly basis.

Many creditors use this loophole and allow (even encourage) their employees to use collection tactics that are otherwise prohibited by the FDCPA.

Track all calls, inbound and outbound

Don’t despair, just because creditors are exempt from the FDCPA that does mean they can get away with harassing you. Lawmakers and courts know this shell game, and have created protections for you against original creditors apart from the FDCPA. For example, the Telephone Consumer Protection Act applies to creditors, as do state “creditor collection laws” (many of which outlaw various forms of phone conduct) and state common laws (e.g., claims for emotional distress or tortious interference).

Give the phone log to a Fair Debt Lawyer

The first and fastest way for a creditor to violate your rights when delinquent is with the phone. That’s ok, repeat calls and harassing calls can be the easiest evidence to gather . With this phone log, track who called, when and why (download here). You may also want to consider recording calls from particular numbers you recognize as creditors, if your state law allows you to do so (called one party consent). Give the completed log to a Fair Debt Lawyer and see what your rights are.

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One comment

  1. I was issued an department store credit card from Comenity Bank/Avenue with a credit limit of 400. I only made two charges on the card that totaled $169.00, I missed 3 payments due to me losing my job, As I didn’t make the minimum payment, the credit card company charged the miss payment and late fee to the balance on the card causing the finance charge to be increased but then the company lowered my credit limit and then reported to the credit bureaus that I’m over the limit. I wanted to know if that is legal in California.

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