Well where should i start, first there all the calls (uo to 5 per day) and threats for example i was 2 days late an employee called my vm and stated "IF YOU DONT COME IN HERE IMMEDIATLY I WILL CALL THE POLICE AND HAVE YOU ARRESTED FOR THEFT". I called the manager back and played the message for him he said she will be dealt with. And she was, everytime she called after that she was VERY polite. Now another time i was late and i told the store i would be in or i would slide the pmnt under the door, well the store closed at 7:30 that night i was out of town and there employee john came to my house at 8:30 to collect a payment, now come on the store was closed! And these vultures are out. He broke into my front door banged on the next door waking my kids, scaring my wife. I called him and told him to get the f away from my house. Here is part of my complaint filed with the attorney general and the federal trade commission Defamation of character
Invasion of privacy and unfair debt collection practice.
Threats or Coercion Oppression & Abuse.
Unreasonable Publication.
Fraudulent-Deceptive or Misleading Representation. Threaten to have me arrested. When account was 3 days past due.
Up to five (Five) phone calls per day. Employee named john broke into front door at my residence to allow himself into the hallway. When I contacted the store manager he said John would not do that, if it was any other employee I would believe you Broken merchandise that has not been repaired (Computer speakers do not work, No remote control for television) this is the condition they were given to me in. Now for all of you wanna be lawyers out there rac MUST go by the FDCPA! HERE IS AN EXCERPT FROM AN RENT TO OWN INDUSTRY WEBSITE A Rent to Own agreement is not a 'debt', in a traditional sense. Rent to Own customers do not incur debt. However, we all make efforts to collect past due rent. This effort often involves contact with a customer by phone and/or mail to arrange payment, or to pick up merchandise.
While a rent to own agreement may be a different class than a retail transaction, most state Rental Purchase Acts are a bit vague when it comes to collection practices. Some refer directly to the federal Fair Debt Collection Act (FDCPA). Most state legislation regarding collections have their roots in the FDCPA. The FDCPA gives a long list of detailed do's and don'ts for the collector. Follow the provisions of the FDCPA and you can be relatively sure of being well within your state law. Other statutes may apply. Check your state statutes as they apply to Rent to Own here.
The FDCPA defines debt as...
... Any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment.
Speaking to third parties about a customer
The first section of the Act deals with speaking to third parties in an effort to locate your customer. For example; following up on a skip or other failure to return.
When speaking to third parties (ie: personal references) a collector shall
Identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer;
not state that such consumer owes any debt;
not communicate with any such person more than once unless requested to do so
not communicate by post card;
not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt
No No's when contacting customers
The Act considers the following to be harassment or abuse...
The use or threat of use of violence or other criminal means
The use of obscene or profane language
Calling before 8am or after 9pm
Calling a customers employer if it is reasonable to assume the employer prohibits such calls
Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass
The following are considered false and misleading...
The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof
The representation or implication that nonpayment of any debt will result in the arrest or imprisonment
The threat to take any action that cannot legally be taken or that is not intended to be taken
The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval
The following are considered 'unfair' by the Act...
The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days
Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument
Communicating with a consumer regarding a debt by post card
As previously stated, most states consider Rent to Own to be a different 'class' of debt and may have separate provisions for fair collection practices. When dealing with collections, it is wise to be conservative. Review all statutes carefully and design a system that keeps you and your employees WELL within all applicable statutes. So RAC, now you are dealing with someone that is going to fight back. I will not tolerate being treated this way by any one individual and or company i am speaking with my attorney and we will be looking for otheres in this area that have been treated this way and are going to attempt to bring a class action against you. To bad you didnt have more respect for the people that made you a billion dollar company
Shaun
albany, New York
U.S.A.
0 comments