Protecting Consumers in Debt Collection Litigation and Arbitration: A Series of Roundtable Discussions" - August, September, and December, 2009 #545921-00027

Submission Number:
545921-00027
Commenter:
Michael Cosenza
Organization:
Accounts Receivable Management, Inc.
State:
NJ
Initiative Name:
Protecting Consumers in Debt Collection Litigation and Arbitration: A Series of Roundtable Discussions" - August, September, and December, 2009

To Whom It May Concern: I know it's past the deadline for Comments however I was hoping that you might entertain the following suggestion regarding revisions to the FDCPA. It may have been suggested but we feel that there needs to be some responsibility placed on consumers who have failed to pay their debt(s) and who have been placed into collections with a 3rd party agency to engage the agency in the resolution process. We have seen see many instances where a debtor will simply not answer a call or a letter from us and by not engaging us in our efforts to resolve the debt it simply perpetuates the issue further and I'm sure frustrates the debtor as much as it frustrates the agency. We do not want to call a debtor any more than we have to if they have a dispute, are simply unable to pay at the current time or any other number of reasons but we can not make that determination unless we talk with the debtor. Therefore, if it is determined that an agency has the correct mailing address and/or telephone contact information we would suggest that those facts be considered and weigh heavily in any litigation brought by a debtor against an agency who is calling and/or mailing a debtor in an attempt to collect. The underlying issue here are the Attorney's who have a made a practice of suing agencies for the very practices they were hired to perform. There are several who have web sites that essentially detail how to go about setting up an agency for a lawsuit that they know will most likely be settled by the Agency given the fact that that it is much more cost effective solution than litigating. Thank you for considering this suggestion and I apologize for its lateness, I was under the wrong impression that Comments were being received thru the entire month of January. Sincerely, Michael Cosenza, CEO Accounts Receivable Management, Inc. 1-800-220-3350 Ext. 6135