Submission Number: 00079
Received: 11/22/2010 2:07:47 PM
Commenter: Elizabeth McGrail
Agency: Federal Trade Commission
Initiative: Statement of Policy Regarding Communications in Connection with Collection of a Decedent’s Debt; Project No. P104806
Attachments: No Attachments
The proposed changes will cause undue harm to consumers.
The debt collection from a deceased person should either only follow the same rules as that from a person that is not deceased or have more constrictions, not less. In many instances the family will not be able to refute a false collection attempt. The debt collector should never be allowed to violate the Fair Debt Collection Practices Act and should be held accountable for any and all violations even if collecting a decedent's debt. The debt collector must be forced prove beyond a reasonable doubt that the debt is even owed before an executor or administrator should be expected to release the funds.
The FTC must make sure that the debt collectors are only permitted to contact the administrator or executor of an account and not any and all family members. If there are assets available for the debt, the collectors can get the contact information from the courts. If they can't, then they shouldn't be allowed to collect the debt. This will prevent them from fraudulently obligating family members.
Why would you condone a business profiting from a decedent's estate when the only work they've done is read an obituary and preyed upon a grieving family?
It is the duty of the Federal Trade Commission to protect consumers and not allow dishonest businesses to profit from the death of a loved one.