How to Get Credit Card Debt Collectors to Focus Their Energy Elsewhere

Most people would simply rather pay their credit card debts than deal with collection phone calls and collection attorney letters. But, what about those who cannot afford to make monthly minimum payments on their credit card debt? Many fall prey to the debt collection industry. Some, however, become educated consumers and use the law to force debt collectors to spend their time with other, less knowledgeable consumers.

Depending on how he or she spends it, time is the debt collector’s friend or enemy. Ideally debt collectors would like to spend their time with consumers who are easy to collect from. Everyone knows an overdue credit card debt will bring a call or letter for a debt collector. What they do not know is with a proper consumer response to that communication, the debt collector will move onto a more likely target.

Consumer debt collection has grown and prospered with the expansion of the credit card industry.

The Federal Reserve and Business Week report $133.7 billion of consumer debt in 1970 increased to $2.5 trillion of consumer debt in November 2007.

Each year debt collectors put more than $40 billion back into the U.S. economy, according to ACA International, a trade group for the debt collection industry.

According to data from the U.S. Census Bureau, there were 173 million credit cardholders in the United States in 2006.

4.75 percent of bank cards were delinquent in the first quarter of 2009, according to the American Banking Associate.

These statistics indicate debt collectors are awash in millions of delinquent credit card accounts.

The Federal Reserve requires credit card companies to hold reserves for bad debts. The credit card companies profit from these debts after they are written off by selling them to junk debt buyers for no more than one penny on a dime, or 10 percent of their value. With that discount, junk debt buyers and their collection agencies and collection attorneys can be quite profitable by only collecting on 30 or 40 percent of the purchased accounts.

If a consumer resists collection attempts (after they learn how to properly do so), it is simply not profitable for collectors to put more time into chasing them for their debt, when they can put that time in getting the easy returns from other people who put up no resistance. The Fair Debt Collection Practices Act (FDCPA) is the key to resistance.

According to the FDCPA the debt collector must notify the consumer in writing of their right to dispute the debt and have it validated. Validation means the collector must send copies of original documentation verifying the debt. The FDCPA also says the consumer can instruct the debt collector to cease collection attempts until they properly validate the debt. As original creditors credit card companies are not covered by the Fair Debt Collection Practices Act. However, the behavior of collection agencies, collection attorneys, and junk debt buyers is covered by this federal law.

Should the debt collector invest their time with those who properly dispute and request validation or those who put up no resistance?