Senior Debt Collector Harassment: Aging Baby Boomers New Target of Debt Collectors
AMBLER, PA (PRWEB) July 26, 2013 -- Baby Boomers are perhaps the first generation of Americans to reach their golden years carrying debt, and aggressive debt collectors are increasingly taking advantage of declining health and vulnerabilities to collect. Nationally recognized consumer advocacy law firm Kimmel & Silverman, notes a rise in the number of Fair Debt Collection Practices Act(FDCPA) complaints filed by senior citizens over debts that are too old to collect, for amounts more than is owed and even for debts of others or not owed at all.
“Debt collectors have an arsenal of tools that often includes trickery when dealing with seniors who might be more susceptible, or who may be confused easier,” say Craig Kimmel, Esq., co-founder and managing partner of Kimmel & Silverman P.C. “Seniors rarely know their rights, including the opportunity to have free legal help under federal law, and act instead out of fear, often giving in and paying whatever they are told is owed, without any proof of the debt. They do this out of a perceived obligation or simply to get the harassment to stop.”
That’s what happened to Kimmel & Silverman client, Dorothy Smith of Bethlehem, Pennsylvania, when contacted by Portfolio Recovery Associates (PRA) earlier this year. The alleged debt involved a home improvement loan taken by her deceased ex-husband and Smith was called continuously for three months hearing demands to satisfy the debt.
Case number 5:13-cv-03243, filed in District Court for the Eastern District of Pennsylvania, alleges PRA violated the Fair Debt Collection Practices Act (FDCPA) in several ways, including:
• Calling after being advised that the debt was not hers but belonged to her ex-husband, who was deceased.
• Harassing her with calls, which PRA was told were unwanted.
• Falsely representing that the debt was owed by her and continuing to seek collection without a legal obligation to pay.
• Failing to provide written notification within five days after its initial communication with her, advising of her legal rights to dispute the debt or request verification.
“The home improvement loan totaled nearly $8300 and she was clearly not obligated to pay it.” said Kimmel. “The same thing can happen even when the amount claimed is very small, even $25.00 or less, as debt collectors go after what many may consider trivial amounts of money. But to Seniors/Baby Boomers living on fixed incomes, the harassment and amount sought is no small matter.”
Richard Confer, also of Bethlehem, PA, was contacted several times by debt collectors from National Recovery Agency (NRA) over a $15.91 medical bill for his wife.
Confer possessed documentation proving that it was paid previously; however that did not stop the harassment until he mentioned Kimmel’s firm and indicated his intention to retain their services.
“Had I not been made aware of my rights, I would still be dealing with this outfit,” said Confer. “Once I mentioned the name Kimmel & Silverman, I got what I needed to resolve the matter quickly.”
Not everyone has such luck. If you are a senior experiencing a similar situation and think your FDCPA rights have been violated, call 1-800-NOT-FAIR for FREE legal help.
Janet Tirado, Kimmel & Silverman, http://www.CreditLaw.com, 1-800-668-3247 x128, [email protected]
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