Nov 2, 2009 10:45 pm US/Pacific
Call Kurtis Investigates: Bill Collector Bullies
Widow Says Stress From Bill Collector Killed Her Husband
SACRAMENTO (CBS13) ―
In this economy, more people are in serious debt. Some bill collectors are getting more aggressive.
Dianne McLeod admits her and her husband Stanley fell behind on their mortgage payments; but only after Stanley suffered a heart attack and was forced to give up his job.
"Watching his declining health was heartbreaking," McLeod recalls.
Then came the non-stop phone calls from the bill collector, sometimes ten calls a day even though McLeod says they were very aware of his medical condition.
In a message left on their voicemail, the debt collector said, "If you can call and get your act together and make your payments on your mortgage and quit playing these games."
McLeod says her late husband's blood pressure would shoot straight up and he had trouble breathing. In one message, the collector makes fun of her husband for being flown by helicopter to the hospital after his heart attack.
"Why don't you have that helicopter pick you up and bring that payment to the office?" (
Link to audio)
Stanley died months later. His wife is now suing the debt collector for wrongful death saying the harassment from those phone calls, killed him.
"I believe it contributed to his death. I really do. You know that if things had been handled differently by this company, that he may still be here," McLeod said.
Consumer attorney Billy Howard is representing Dianne McLeod.
"To use something like that against somebody is the most egregious collection abuse that is imaginable," he said.
Howard represents McLeod and hundreds of others across the country who say debt collectors abused them.
"It's intentional, malicious conduct aimed at getting money," says Howard.
Take his client Erika Cartagena who can't believe what a different company did to her friends and family. Never missing a payment on her Chevy Trailblazer, she still doesn't know why her lender left shockingly false news on her best friend's answering machine in July -- that she was dead.
The message left on the machine says, "Miss Erika Cartagena used you as a personal reference, and I understand there's been a death of her. If that is true can you give me a return phone call?" (
Link to audio)
The best friend, called Erika's big brother Louis who said it was traumatizing and brought him to tears. He spent two hours trying to get a hold of his kid sister before learning she was alive.
"It's something that completely spun out of control by one phone call," Cartagena said.
"It's disgusting. You don't do that to people, no matter what," her upset brother told us.
The number one complaint into the Federal Trade Commission last year involved debt collectors. The numbers are up 20-percent this year. The government has received more than 45-thousand complaints against them in just the first six months of 2009.
Debt collectors calling you repeatedly to annoy you is against federal law. According to the Federal Trade Commission, they can't harass you, threaten harm or use obscene language. You be the judge whether these messages broke the law.
"April. It's called a telephone. What you do to answer it is you pick up, hold it up to your face, and speak into it. The number here is (deleted). Match those numbers up with the ones in front of you on that thing called a telephone, and dial them in that order and you'll be able to speak with us." (
Link to audio)
Here's another message.
"Hey Alphonso, cupcake. I am like right now climbing into your family background. I am going to dig up so deep up yours; you're going to wonder why you didn't do the right thing."
And then the collector is heard swearing and using a racial slur.
"You're just another f-----, n----- have a nice evening." (
Link to audio)
"Without question one incident of that is absolutely unacceptable," says Adam Peterman of the Association of Credit and Collection Professionals. He says his agency is not about attacking and berating people.
"Every consumer has to be treated with dignity and respect and anything beyond that is unacceptable," Peterman told CBS.
"My husband was not treated with dignity and respect," says McLeod.
Now these tactics will go before a judge. These families are suing, hoping to send a clear message that collectors can't collect this way.
"Because I lost a husband because of it," McLeod said.
Have you been victimized by a bullying bill collector? Under federal law you can sue them for harassment and collect up to a thousand dollars, plus medical bills and lost wages. You should also complain to the Attorney General and the Federal Trade Commission.
The F.T.C. last year settled a 2.2-million dollar suit against one bill collector for abusive tactics.
If you want a bill collector to stop calling you, send them a certified letter asking them to stop. But, if you really owe the money, you may leave them no other choice but to take you to court.
(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)
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