The idea of Caller ID is a great one: let the answering party determine, based upon who is calling, whether they want to speak to the calling party. If it is a creditor intent on harassment or a telemarketer or just someone you do not want to talk to, the phone need not be answered and the caller can leave a message, generally, if they elect to. In a deceitful act commonly called "spoofing" or "call laundering," some have taken to hiding or mis-displaying that which appears on the Caller ID.
As a Doylestown bankruptcy attorney, hearing stories of mean creditor phone calls is common. The creditors often tell you that you are a bad person if you do not pay the debt. But it should be kept in mind that it is only money at issue. While money serves a vital function in the world, the discharge of debt (through Chapter 7) is part and parcel to the system itself. Furthermore, there is no loss by those who are not paid what they are owed as businesses such as credit card companies and major retailers apply interest to the accounts themselves. If this system were somehow imbalanced or the number of successful Chapter 7 bankruptcies so great, the system would collapse. Do credit card companies, collectors, their lawyers, or major retailers seem as though they are on the brink of collapse?
The answer is, of course, no. So, when creditors collect on debt, that is okay; it is part of the larger system. But when they mask their numbers in an attempt to collect that debt, they are being aggressively unethical and borderline criminal. This was recently discussed in the New York Times. Fortunately, the state attorneys general (and, hopefully, the FBI, FTC, FCC, or other federal agency or United States Attorney Generals Office) may be getting involved. If fines, fees, and maybe even criminal penalties are applied to the violators, perhaps real change will come. Again, it is not the calling that is the problem. It is a part of the process which very often leads people to file a Chapter 7 bankruptcy. It is the disruption of the Caller ID system that has people up in arms.
There is also the National Do Not Call registry, but that is for telemarketers only; creditors have direct relationships with the debtors and, as such, are exempt from that list. Of course, those who violate the National Do Not Call registry are themselves punished rarely. The fact is, disturbingly, very little policing of the American telephony system takes place. Hopefully, this increased "call laundering" will draw added attention to this nonsense and induce some change. It is hard to have much hope, however, as even the Federal Fair Debt Collections Practices Act and the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 do little to compel the creditors to act reasonably and appropriately.
As a Doylestown bankruptcy attorney, King Law Center takes great pride in helping consumers (debtors) deal with creditors who go over the top. Even if you end up on a payment plan with us, we will gladly advise the creditors of our representation and can assist you in alleviating the creditor harassment. Of course, Chapter 7 will eliminate the obligations on the debts themselves, but dealing with the creditors is often the first thing a bankruptcy lawyer should do for you.
