Editor’s Note: On Monday insideARM.com published a blog from Rozanne M. Andersen entitled, A Guideline to Self-Review of Debt Collection Letters, on the importance of frequently reviewing your company’s collection notices to mitigate the risk of regulatory violations and consumer litigation. Now that we’ve got you thinking about this topic, insideARM thought we might add a little fun to your Friday by transporting you back in time (via our patented and top secret Interwebs Time Machine™) to the days of pop quizzes. Oh no, not the dreaded Friday Pop Quiz. Ms. Andersen has kindly provided three sample collection letters that failed to pass legal review. Can you spot the violations?
Feel free to post your answers (and discuss your rationale) in the comments section.
Oh, and recess will begin at 2:30pm today.
– Michael Klozotsky
Letter #1
COLLECTION LAW FIRM, Ltd.
P.O. Box 1234
Anytown, State 56789
Re: Acct #: 122233344 |
To call Pay Today Collection Agency |
Dwight K.Schrute |
July 15, 2009 |
Dear Dwight Schrute,
Collection Law Firm, LTD. Is a debt collector attempting to collect a debt and any information obtained will be used for that purpose. Pay Today Collection Agency (“Pay Today”) has retained Collection law Firm, Ltd. To collect from you the entire current balance for the above referenced account. Within one week of the date of this letter, either remit the balance due to Pay Today or phone Pay Today directly at 1-800-PAY-TODY Ext. 669 to make payment arrangements. Please use 122233344 as your reference number. Collection Law Firm, Ltd. Is entitled to file a lawsuit against you for the collection of this debt when the week is over.
Unless you notify this office within thirty (30) days after receiving this notice that you dispute the validity of this debt or any portion thereof, this office will assume this debt is valid. If you notify this office in writing within thirty (30) days from receiving this notice that you dispute the validity of this debt or any portion thereof, this office will obtain verification of the debt or obtain a copy of a judgment and mail you a copy of such judgment or verification. If you request this office in writing within 30 days after receiving this notice this office will provide you with the name and address of the original creditor if different form the current creditor.
The law does not require us to wait until the end of the 30-day period before suing you to collect this debt. If you request proof of the debt or the name and address of the original creditor within the 30-day period, the law requires us to suspend our efforts to collect the debt (through litigation or otherwise) until we mail the requested information to you
Sincerely,
Collection Law firm, Ltd.
Letter #2
October 2, 2010
Katherine Schrute
1234 Avenue Road
Phoenix, AZ 00000
Lender: Extremely Well Known Credit Card Company
Account Number: 12345
Balance: $7,305.44
As you are now aware, this company has purchased your obligation originated with the above named Credit Card Company.
If you do not contact us by Friday, October 6, 2010, to arrange for settlement, we will file a lawsuit against you for breach of contract.
If the court issues a judgment against you, we will record this judgment lien at the county auditor’s office and attempt to garnish your wages and/or bank accounts. Recording this judgment will effective lien any real property you own in this county.
If you call us by the date listed above, we will provide you a 25% discount on the amount you owe as stated above.
THIS LETTER IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Sincerely,
Bob Schmidt, Member managers
ABC Collection Agency
Letter #3
ABC Collection Agency
0000 Way, Suite 10
Monday – Friday 8 a.m. to 5 p.m. PST
P.O. Box 1234
Spokane, WA 00000
Toll Free: (8888) 123-1234 or (123) 123-1234
January 21, 2009
DIS-#002344-1
Mr. Schrute
Mrs. Schrute
1234 Zero Avenue
Everett, TX 99999
Re: Original Creditor: Very Well Known Credit Card Company
Placed for collection on 6/28/95
Principal Due: $5,000
Interest Due: 173.53
Total Due: $6692.57
Dear Mrs. Schrute:
Our office has received your dispute as to the validity of the debt deta8iled above. ABC Collection Agency’s compliance department has reviewed your dispute and the underlying debt and has determined that the debt is accurate as reported. If you have questions regarding this issue please contact our office directly and we will be happy to discuss the details of your dispute and the related debt.
Sincerely,
Compliance Officer
ABC Collection Agency
This communication is from a debt collector is an attempt to collect a debt and any information obtained will be used for that purpose. Your account will accrue interest at a rate of 012.00 percent per annum.