by Paul MankinCan a Debt Collector Send A Collection Letter With A Visiable QR On The Envelope?
DiNaples v. MRS BPO, LLC, et al.
In a recent published decision, the Third Circuit Court of Appeals upheld a judgment issued by the Western District of Pennsylvania in a class action matter regarding the lawfulness of printing confidential information in the form of “QR” codes on the outside of collection letter envelopes.
Under the Federal Debt Collection Practices Act (FDCPA), collectors are prohibited from printing confidential or sensitive personal information on the accessible portion of an envelope or other mailer sent to a borrower for the purpose of collecting a debt. Under the court’s prior decision in Douglass v. Convergent Outsourcing (765 F.3d 299), it was determined that printing a borrower’s internal collections account number on the outside of a collections letter envelope constituted unauthorized disclosure of confidential information in violation of the FDCPA.
In reviewing the recent matter of DiNaples v. MRS BPO, LLC, et al. (D.C. No. 2-15-cv-01435), the court was faced with the question of whether a “QR” (or “quick response”) code in which a debtor’s account number is in bedded constitutes an unlawful act or a violation of the FDCPA. In DiNaples, the plaintiff debtor received a debt collection letter inside an envelope bearing not only the plaintiff’s name and address but also a scannable QR code. Upon scanning the code with a free app on the plaintiff’s smart phone, the plaintiff was directed without any further action or barrier to her account number provided by the debt collector.
On filing legal action on her own behalf and on behalf of those similarly situated, the plaintiff sued the defendant collector for violating the FDCPA by making unauthorized disclosures of confidential information. The district court certified the class action and, in response to cross motions for summary judgment, found in favor of the plaintiff class, finding unequivocally that the actions of the defendant collections agency violated the FDCPA. The defendant timely filed an appeal, arguing that it was a simple, harmless error of fact and that it innocently misunderstood the law’s specific prohibitions regarding printing information on collections envelopes. The Third Circuit Court of Appeals reviewed the matter and sided in full with the lower court’s ruling in the plaintiffs’ favor.
In its de novo review, the appellate court asked whether there was a legal equivalent between the QR codes printed on the envelopes at issue and printing the borrowers’ account numbers as was determined prohibitive in the Douglass case. The Third Circuit panel found that the problem with printing account numbers on collections envelopes is because it results in disclosure of confidential information and that providing account numbers by QR code is not functionally different. In the case at issue, the same confidential information was simply made available via a QR code that can be scanned without tampering or otherwise leaving any indication for the recipient that sensitive information was accessed by a third party. Since QR codes can be scanned using any number of free applications and since nearly everyone is in constant possession or at least has access to a smart phone these days, the account number revealed by scanning the code is effectively equally accessible as simply printing the account number on the envelope.
The court made no finding as to whether the same violation would occur if a password or other information were required to access the account information after scanning the QR code, but the appellate court was clear in its rejection of the defendant-appellant’s argument that providing access to the account numbers via unprotected QR codes was excusable error. In sum, the court concluded that printing embedded confidential information in a QR code on the outside of a collections envelope is the legal equivalent of printing the confidential information directly on the envelope and that both constitute unauthorized disclosures in violation of the FDCPA.
Significantly, the appellate court’s opinion also included an analysis of the plaintiff’s standing to file the matter in Federal court in the first instance. The Court notably disagreed with the defendant-appellant collector that some actual incident of harm must be shown by the plaintiff in order to meet the requisite threshold and, instead, found that the mere disclosure of sensitive or confidential information, including the disclosure of a collection account number embedded in a QR code, constitutes a tangible injury. No evidence or allegation of interception or access by an intended third party is required to show requisite harm. The disclosure itself is sufficient to establish injury.
by Paul MankinI am Being Harassed by a Debt Collector and My Insurance Should Have Paid
If you are being harassed by a debt collector to pay a bill that your insurance company should have paid, you may have found that simply telling the collector this did nothing to persuade them to stop their collection attempts. This is because it is not a debt collector’s job to investigate insurance payments or question your healthcare provider about amounts it claims are past due. If your doctor or hospital has turned your account over to a collection agency when it shouldn’t have, it is up to you to find out why your insurance company did not pay the bill and work with them and your healthcare provider to ensure that they do.
When a Debt Collector is Attempting to Collect on Medical Bills
A debt collection agency attempting to collect on a past due medical bill was hired by your healthcare provider to collect the past due amount for them. The agency receives just enough information from your doctor to know how to contact you and how much you owe. Its only job is to collect the amount past due for the doctor so that it can retain a percentage for its fee. Debt collectors simply accept their client’s information as true; that you owe this amount and did not pay it. They know nothing about your medical treatment, insurance plan, or payments that should have been made by your insurance company. Not only do they know nothing about this, it would violate privacy laws for your insurance company or healthcare provider to discuss this with them. They also are only being paid to collect on the account, not to investigate any claims that the bill should have been paid by a third party. So, telling the debt collector your insurance should have paid will not stop collection attempts and you must then work with your insurance company and healthcare provider to ensure the bill is paid by the insurance, if in fact it should have been.
Stopping Collection Attempts for a Bill the Insurance Should Have Paid
If a debt collector is attempting to collect on a medical bill you believe your health insurance company should have paid, ask them to send you validation of the debt. Once you receive complete information about the debt from the collector, contact your insurance company to determine why the bill was not paid. You may have to talk to your healthcare provider and insurance company several times in order to get the bill paid or an explanation of why the insurance company is not responsible for paying it. If the debt collector continues to harass you after you have determined that the insurance company is responsible for paying the bill, mail them a letter telling them that you dispute the debt and want them to stop contacting you. You should also keep a copy of the letter for yourself, and mail one to the Federal Trade Commission at 6th and Pennsylvania Avenue, NW, Washington, D.C. 20850. Under the Fair Debt Collection Practices Act (FDCPA), the debt collector may then only call or write one more time to let you know that they received your letter and will stop contacting you and advise you of any other action they intend to take, such as filing a lawsuit against you.
If you are being harassed by a debt collector for a medical bill that your insurance company is responsible for paying, please contact our office at 1-800-219-3577, for a free, no obligation case review.
by Paul MankinHow to Deal with a Debt Collector
How you should deal with a debt collector depends on whether you owe the debt, do not owe the debt, or are unsure if you owe the debt, your financial situation, and your current and ultimate financial goals.
How to Deal with a Debt Collector if You Owe the Bill
If you know you owe the bill and the amount the debt collector is attempting to collect is correct, what you do next depends on whether you have the money to pay the bill or not.
You Can Afford to Pay the Entire Bill or Make Payments on the Bill
If you can afford to pay the bill in full, simply ask the debt collector what forms of payment are accepted. If the collection agency has a website where you can pay using a credit or debit card that is the best way to make a payment. Using a card will provide you with proof of payment via your statement and allow you to enter the amount of the payment yourself, to help ensure that you are not over or undercharged. If you have a credit card to put the payment on, that will provide you with more protection against the agency double charging you than a debit card would give you. If debit and credit card payments are not accepted, or you do not have a card, the next best option is to mail the collection agency a check. Be sure to include a payment coupon with your payment and/or write your account number on the check. You should never pay a debt collector with a money order if you can avoid doing so; there are just too many things that can go wrong which may result in you losing money and spending unnecessary time resolving the issues.
If you can afford to pay the bill, but not all at once, tell the debt collector how much you can afford to pay each month and ask if that will stop the collection calls. If the agency is agreeable to that, make your payments on time each month to prevent further collection attempts and harm to your credit. Always pay in a way that provides you with a receipt without having to obtain one from the debt collector.
You Cannot Afford to Pay the Entire Bill or Make Payments on the Bill
If you are simply unable to pay the bill or even make payments on it, do not waste your time explaining your situation to the debt collector. The collection agency was hired by the original creditor to collect the debt and cannot reduce or forgive any part of it. You basically have two options; ignore the collection attempts or write the agency a letter forcing them to stop. Which option is best for you depends on your financial goals and future ability to pay the debt. For example, if you anticipate being able to make payments in a couple of months, you might just be able to ignore the calls until you can pay. If you have no intention of paying, are considering filing bankruptcy, or will not be able to pay for quite some time and simply want the calls to stop now, you will need to write the debt collector a letter telling them to stop contacting you. Include your account number and full name in your letter. Be sure to keep a copy of the letter for yourself and mail a copy to the Federal Trade Commission at 6th and Pennsylvania Avenue, NW, Washington, D.C. 20850. Under the Fair Debt Collection Practices Act (FDCPA), the debt collector may contact you only one more time after receiving your letter in order to let you know that they received it and will stop contacting you, as well as to advise you of any other action they intend to take, such as filing a lawsuit against you.
How to Deal with a Debt Collector if You Do Not Owe the Bill
If a debt collector calls you to collect on a bill that you do not owe, how you should deal with them depends on why you believe you do not owe the bill.
You Already Paid the Bill
If you paid the bill in full to the original creditor and the account should not have been turned over to collections or should be removed from collections, you will need to contact the original creditor and discuss this with them. A collection agency is simply hired by a creditor to collect a debt for them. They believe whatever information they are given by the person who hires them and will not waste their time second guessing the creditor or acting as a go-between for you and the creditor. This is because they get paid if they collect the debt, not if they resolve it in any other way.
The Bill is Not Yours
If the bill is a result of identity theft or the debt collector has you confused with someone else, ask them to mail you information about how to report the identity theft or confusion regarding your identity to them and stop them from attempting to collect the debt from you. Complete whatever forms you receive, gather any documentation or information requested and return it to the debt collector. If this does not stop the collection attempts, you may need to consult with a consumer protection attorney to help you enforce your rights.
You Dispute the Original Creditor’s Charges
If you do not believe that you owe the bill because you dispute the original creditor’s charges, you will need to contact the creditor and discuss this with them. Debt collection agencies are hired by original creditors to collect on the debt they claim you owe them. They have no authority to renegotiate the original contract or settle disputes regarding the contract. If the original creditor refuses to reach a new agreement and reduce the amount you owe or remove the account from collections, you may need to consult with a consumer attorney to help you understand your rights and your options.
Your Insurance Company Should Have Paid the Bill
If you do not owe the debt that a collection agency is attempting to collect from you because your health insurance company should have paid it, you will need to discuss this with your insurance company and healthcare provider. Debt collection agencies do not have the legal authority to speak with your insurance company and have no real interest in helping you resolve the matter with your healthcare provider, as they generally only get paid if they collect money from you, not if they help you get your insurance company to pay it.
The Debt Was Discharged in a Bankruptcy
If a debt collector is attempting to collect a debt that was discharged in bankruptcy, let them know that it was discharged and ask them to send you information about what documentation they need and how to provide it to them. Once you have sent them all of the requested information and documentation, the collection attempts should stop immediately. If they do not, contact a consumer protection attorney to help you enforce your rights and possibly make the debt collector pay you money.
How to Deal with a Debt Collector if You are Unsure if You Owe the Bill
If you are contacted by a debt collector and are unsure if you owe the bill, ask them to provide you with debt validation information. This should come in the mail and include the name of the original creditor, the amount owed, and any contracts or judgments the debt collector may have regarding the debt. Keep in mind that oftentimes debt collectors do not have any documentation of the debt, such as a signed contract, and if after receiving the name of the original creditor and amount owed, you are still unsure if the debt belongs to you, you should contact the creditor to help you determine if you do in fact owe the debt.
If you are being harassed or abused by a creditor or debt collector please contact our office at 1-800-219-3577, for a free, no obligation consultation.
by Paul MankinCan I Pay a Debt Collector and What Do I Need to Know Before I Do?
Debt collectors are hired by the original creditor, or person who is owed money, to collect the debt for them. Once a creditor hires a debt collector, all payments should be made to the debt collector and not the original creditor. However, before paying any debt collector you should obtain certain information from them about the debt and keep records of any communication with the debt collector or any payments made to them.
Before You Pay a Debt Collector
One of the newest ways scam artists have come up with to defraud consumers is the fake debt collector. Scammers call you claiming to be collecting on a debt and attempt to pressure you into paying it immediately, before you have the chance to discover that you do not really owe any money and the collection agency is not real. So, before you pay a collection agency, ask them to send you debt verification information, which should include the name of the original creditor and the amount owed. If you do not recognize the original creditor’s name or believe the amount to be false, contact the creditor and ask what you owe them and why. If you recognize the creditor and the amount claimed as due is correct, be sure to make any payments to the debt collection agency in a form that provides you with proof of payment; do not expect the agency to provide you with a receipt, as many do not.
How to Pay a Debt Collector
The best way to pay a debt collector is by credit card on the collection agency’s website. This will provide you with proof of payment via your credit card statement, ensure that you are the one entering all of the information so that the payment amount is correct, and provide you with more protection against the agency double charging than a debit card would give you. If you do not have a credit card or do not wish to use one to make the payment, the next best option is to mail the debt collection agency a check. Be sure to include a payment coupon with your check and/or write your account number on the check. Review your bank statements regularly until you see that the check has cleared in order to ensure that it was cashed and then call the debt collector to make sure that the payment was posted to the correct account. If you must pay using a debit card, make the payment on the agency’s website to ensure the amount of the payment is entered correctly, and then keep an eye on your bank statements to ensure that your debit card is not charged again without your authorization. You should never pay a debt collector with a money order. There are too many ways for you to lose your money if your payment is lost or not applied to the correct account.
If a debt collector has misapplied your payment, double charged you, or abused you in any other way, please contact our office at 1-800-219-3577, for a free, no obligation consultation.
by Paul MankinFormer Con-Artist Tells Consumers How to Prevent Becoming a Target of Identity Theft
Frank Abagnale, Jr., a notorious conman and identity thief, turned trusted FBI consultant and one of the world’s most respected authorities on fraud, forgery and cyber security is now offering his advice on protecting yourself from becoming a victim of identity theft.
Who is Frank Abagnale, Jr.?
The academy award nominated feature film, Catch Me If You Can, starring, Leonardo DiCaprio is based on Abagnale’s story. While some details of his story concerning his scams, frauds, and identity thefts cannot be verified, he served less than five years in prison for his crimes before beginning work for the federal government. He is currently a consultant and lecturer for the FBI academy and field offices and runs Abagnale & Associates, a financial fraud consultancy company, and author of his 1980 memoir, Catch Me If You Can, 2008 book, Stealing Your Life: The Ultimate Identity Theft Prevention Plan, and newest book, Scam Me If You Can: Simple Strategies to Outsmart Today’s Rip-off Artists.
What Does Abagnale Recommend You Do to Protect Yourself From Identity Theft?
Abagnale says that telephone and e-mail scams where the thief contacts you directly will generally raise one of two red flags: the scammer or thief will ask you for money and will want it immediately or they will ask you for your personal information. The easiest way to combat these types of direct contact theft attempts is to hang up on the caller or simply delete the e-mail and not give out your information or send anyone any money. But what else can you do to protect yourself?
Stop Making Mistakes With Your Internet Passwords
If you use the internet a lot, you have probably noticed that some websites now offer alternatives to passwords, like signing in with your phone. This is the future of technology, which is now seeking to eliminate passwords all together. As Abagnale says, passwords are 1964 technology, and a major contributor to the success of scammers and identity thieves. So, if your bank or financial institution, ATM, e-mail provider, or commonly used retailers offer you a way to sign in without a password, use it. Until passwords are a thing of the past, however, there are things you can do to help minimize your risk of becoming a target of identity theft by those trying to steal your passwords:
- Use passwords containing at 8 to 14 characters, with 14 being the ideal number.
- Do not use personal information such as pet’s names, social security number, or birthdates in your passwords.
- Do not use the same password for everything. Limit each password to only a few websites so that if it becomes compromised, it is easier to change.
- Use a combination of letters, numbers, and characters in your passwords.
- Change your passwords on a regular basis.
- Write your passwords down on paper; do not use electronic means to help you remember them.
Never Use a Debit Card
Many consumers live on their debit card and rarely carry cash or use credit cards. But this may leave them vulnerable to identity theft. While cash may offer the greatest protection, it may not be practical for most consumers in most situations. Who wants to go into the gas station to pre-pay for fuel, when they can just swipe their card at the pump? But credit cards can offer the same convenience as a debit card, while providing more protection in case the card is compromised. For example, if an identity thief gets a hold of your debit card number and uses it, the money will come out of your bank account almost immediately, but you will not be able to get it back for days, or sometimes weeks, once you discover and report the charge(s) as fraudulent. This can leave you unable to cover checks for important bills or extract cash at an ATM for daily living expenses. For those are not willing or able to get and use a credit card for everyday expenses, there are pre-paid debit cards to consider and now many retailers are offering options such as Google Wallet, Square Cash, and Apple Pay. While these apps may use debit card information, it is more secure than swiping or handing over your card and may offer additional ways to load money to your account.
Pay Attention to What You Post on Facebook
Your Facebook profile most likely already contains personal information that can be a good start for a patient identity thief. You may have included some of this information in your profile, posted some on your timeline, or unwittingly shared it by just being someone’s Facebook friend. This information might include:
- Your birthday (even if you do not intentionally share it, you may receive public birthday wishes from friend and family)
- Information you may use in passwords such as your pets names, anniversaries, and favorite foods or vacation spots
- Your home address, when you create events that you are hosting or post items you wish to sell or give away, or when replying to a friend in the comments of a post
- Your mother’s maiden name, if she is your friend on the social media site and is currently using her maiden name as part of her screen name
This does not mean that you have to stop sharing on social media sites, but Abagnale recommends that you simply be more selective about what information you share and with whom you share it.
Protect Your Personal Information
The most important thing you can do to help prevent becoming a target of identity theft is to protect your personal information. Abagnale says that some of the things you should to in order to protect this information is:
- Shred anything with your personal information on it when throwing it out, including social security statements, old checks, and bank statements
- Never give out personal information over the phone to someone who called you
- Do not send any of your personal information to anyone via e-mail
- Never share your personal files or information on or over the internet
- Do not print your social security number on your checks or carry your social security card with you
- Always pick up your mail as soon as possible, do not leave your mailbox overflowing
- Do not trust ATM or credit card devices that look suspicious
- Cover the ATM keypad with your hand when entering your PIN
- Be on guard for spyware, malware, and other malicious software when using your computer, tablet, or smart phone
Where Do I Get More Identity Theft Protection Information from Frank Abagnale, Jr.?
Abagnale is the co-host of the American Association for Retired Persons’ (AARP) The Perfect Scam podcast, has videos posted on YouTube, and his books, Stealing Your Life and Scam Me if You Can are available for purchase on Amazon. His website also contains information about his company and books and other publications.
If you are a victim of identity theft and are unable to correct any of the results of such theft, feel free to contact our office at 1-800-219-3577, for a free, no obligation consultation.
by Paul MankinCEO of Debt Collection Agency Sentenced to 100 Months in Prison
Four Star Resolution, LLC’s owner and CEO was sentenced to 100 months in prison in April of 2017 for coercing thousands of consumers into paying more than $31 million to settle alleged debts. Travell Thomas directed associates at his debt collection agency to:
- Inflate the balances of debts owed
- Falsely imply that the collection agency was affiliated with local government and law enforcement agencies, including the “county” and the district attorney’s office
- Tell consumers that they had committed criminal acts, such as “wire fraud” or “check fraud,” and if they did not pay the debt immediately, warrants or other process would be issued, at which point they would be arrested or taken to court
- Falsely claim that consumers would have their driver’s licenses suspended if they did not pay
- Tell consumers that Four Star was a law firm or mediation firm and that Four Star’s employees were working with lawyers, a law firm, mediators, or arbitrators
- Falsely imply that a civil lawsuit would be filed, or was pending
These collection practices are all prohibited by the Fair Debt Collection Practices Act (FDCPA), a federal Act passed to help protect consumers against unfair, deceptive, and abusive practices of debt collectors.
According to U.S. attorney, Joon H. Kim, “Thomas was the mastermind behind the largest criminal debt collection scheme ever charged.” Of the $31 million Four Star Resolution, LLC took in from its scheme, approximately $1.5 million was paid in cash to Thomas and his co-owner and co-defendant, Maurice Sessum, approximately $1.4 million was withdrawn from banks and ATMs, and hundreds of thousands of dollars were used to pay for Thomas’s gambling expenses, season tickets for professional sports games, his wedding reception, and other personal expenses.
Twelve others associated with Four Star Resolution, LLC were charged and pled guilty to defrauding consumers in connection with the debt collection scheme. The company, which opened in 2009 and operated in Buffalo, New York was also ordered to pay restitution in the amount of $31 million and was permanently enjoined from participating in any debt collection activities, advertising, marketing, promoting, offering for sale, and selling or buying any consumer or commercial debt or any information regarding a consumer relating to a debt.
If a debt collector is harassing or abusing you in an attempt to collect on a debt, contact our office at 1-800-219-3577, for a free, no obligation consultation.
by Paul MankinPortfolio Recovery is Harassing Me!
Portfolio Recovery Associates, LLC is a company that purchases debt from credit card companies for pennies on the dollar. Oftentimes, companies, such as Portfolio Recovery, LLC, who purchase old debt, receive very little information from the original creditor and are therefore unable to prove that the consumer actually owes the debt. This can help make it fairly easy for you to stop collection attempts and or force the company to remove any negative information they may have placed on credit report. You just have to know how to make it happen.
How Do I Stop Portfolio Recovery from Harassing Me?
If Portfolio Recovery is calling you, ask them to mail you debt validation information so you can verify if you owe the debt. If you do not owe the debt, or do not want to be contacted about the debt anymore, write a letter to Portfolio Recovery telling them to stop contacting you. Be sure to keep a copy of the letter for yourself and mail a copy to the Federal Trade Commission at 6th and Pennsylvania Avenue, NW, Washington, D.C. 20850. After the company receives your letter it should only contact you more time in order to let you know they will stop contacting you and tell you what other action they intend to take.
What To Do if Portfolio Recovery Sues You
If Portfolio Recovery Associates, LLC has filed a law suit against you, you will want to make sure that you appear in Court, where it will have to prove that you do in fact owe the debt. If you do not appear, you may get a default judgment entered against you without Portfolio Recovery even having to prove that you actually owe the debt. It may then be able to garnish your wages until the debt is paid in full. If the debt collector can prove that you owe the debt, you may then be able to negotiate a repayment plan and have it approved by the court. You should consider consulting a consumer attorney if any debt collector sues you. They can help determine if you actually owe the debt, negotiate settlement terms, or even get the case dismissed without you ever having to go to court.
If you are being harassed or sued by Portfolio Recovery Associates, LLC, please contact our office at 1-800-219-3577, for a free, no obligation consultation.
by Paul MankinHow Do Debt Collectors Find You?
How Do Debt Collectors Find You?
If you are looking for ways to hide from a debt collector, you may be disappointed in the end, as it is very difficult to hide from someone who has been hired to locate you, even if you have changed your phone number and moved several times. So how do debt collectors find you? Some of the answers may surprise you.
Calling Your Family and Friends
If a debt collector has any reference or old telephone numbers for you, where they can reach a friend or family member or former employer, they may call and ask for your current contact information. Under the federal Fair Debt Collection Practices Act (FDCPA) a debt collector who is unable to locate you may contact a third party to inquire about your current contact information. The debt collector must give their name and state that they are confirming or correcting information about your location. However, unless specifically asked, the debt collector may not name the collection firm or agency or reveal that you owe any debt. So your family or friends may tell them where you are without even realizing they are speaking with a debt collector.
Looking at Your Social Media Profiles
Does your Facebook profile say what city and state you live in or who your current employer is? Is this information public? Debt collectors who already have a judgment against you and now want to garnish your wages only need to locate your current employer to be able to do so. And those who need to find your address in order to begin or resume collection attempts or file a lawsuit against you may just need to call your employer and ask for your contact information. If they are unable to get it this way, simply knowing what city and state you live in can help them find you by searching public records maintained by court systems, the Department of Motor Vehicles, your county tax assessor, or your state’s Department of Workforce Development.
Checking Court Records
The federal court system maintains an online searchable database of all lawsuits and bankruptcies that have been filed in the last few years. This database can be easily searched by anyone with a free account and enough personal information, such as a name, birth date, and social security number, to find your address if you have a federal case in the system. You can check out the Pacer search features yourself right now.
Many states now maintain online databases that can be searched without even creating an account. If you have a recent traffic ticket, criminal charges, divorce, or any case in front of a city or county court, a debt collector might be able to locate you free of charge with a few clicks of the mouse. To see if your state offers this service and locate the website, call your local county court and ask if there is an online court case search or search for your state’s court system website and look for a link.
Looking at County Property Tax Records
Many county tax assessors now maintain online databases of property and property tax information. Databases are searchable by county, state, and name and will not only give a debt collector the address of any property you own, but will provide the address where tax statements are mailed, if different from the property address, and sometimes provide a photograph of the property and a Google Maps picture and/or link to the property on Google World. If you own a home, you can be found by a good debt collection agency.
Reviewing your Voter Registration Record
If you know in what county and state a person is registered to vote, you may be able to check their voter registration status online to obtain their current address. It just depends on what online records that state maintains and how easily accessible they are. Some states require that you enter the name, driver’s license or state identification number, date of birth, and last four of the social security number, while others simply require a name and birth date.
Asking the Department of Motor Vehicle
Debt collectors in some states are afforded access to the state Department of Motor Vehicle’s records where they can obtain your current or most recent address, date of birth, if they do not already have it, and possibly your social security number. So if you have a driver’s license or state issued identification, you might not be hard for a debt collector to find.
Pulling Your Credit Report
If you owe money to a creditor who you originally authorized to pull your credit report and provided them with the information necessary to do so, any debt collector that the creditor then hires to collect on the debt will likely have access to that information and, depending on your state of residence, may be able to pull your credit report to find your current address or employer without further authorization from you. Creditors who you may have authorized to pull your credit report include:
- Credit card companies
- Banks, mortgage companies, or other lenders who loaned you money
- Payday or cash advance companies
- Insurance companies
- Landlords or real estate rental agencies
Debt collectors may also be able to pay a small fee to have you placed on a credit bureau locate list. If you apply for credit after being placed on the list, the debt collector will be notified and will then know it is time to check your credit report for a new address and/or employer.
Checking the Records of the State Department of Workforce Development
In some states, a debt collector who has obtained a judgment against you in court may be able to ask for the court for an order requiring the state Department of Workforce Development to search its records and provide the collector with the name of your current employer, if it has such information. Once your employer can be located, a debt collector who has already obtained a judgment against you can begin the process to garnish your wages. If the collector has not yet obtained a judgment and is looking for your current contact information so it can begin or resume collection efforts or file a lawsuit against you, it may call your employer and ask for the information, ask to speak with you to get it from you, or file a lawsuit and have you served at work.
Using a Skip Tracer
A skip tracer is a professional whose job it is to find people. Skip tracers are generally private investigators who specialize in locating people who have proven difficult to find. Skip tracers use conventional methods, such as calling friends, family, and old phone numbers and checking social media sites and court records, as well as more technical means, in order to locate people for bail bondsmen, bounty hunters, attorneys, and debt collectors. Because skip tracers find people for a living, they may have more time than a creditor or debt collector to search for you on sites such as EBay or Amazon, and oftentimes have subscriptions to online skip tracing resources, such as LexisNexis’ Risk Solutions or one of the three national credit reporting agency’s skip tracing tools, that other’s cannot afford when not skip tracing for a living.
If you are being harassed by a debt collector please contact our office for a free, no obligation consultation at 1-800-219-3577.
by Paul MankinDoes A landlord or property manager need to provide an adverse action notice if you are denied a residential rental?
In a word: yes. Under the Equal Credit Opportunity Act (ECOA), anyone regularly involved in reviewing consumer credit or credit-related information for the purpose of deciding whether to approve an application must provide a certain type of notice anytime an adverse action is taken—i.e., when an application is denied or when one is approved with different terms than those for which the applicant applied. This rule applies to landlords of both business and residential rentals when an applicant is denied tenancy or when an application is approved with conditions, such as an additional deposit, or additional lease terms due to a finding that the applicant is “higher risk” than normal.
A tenancy application denial or modified approval is typical based on either a specific reason, such as the applicant’s lack of regular or sufficient employment, or on the general results from a consumer reporting agency, which may be a creditor reporting agency—e.g., TransUnion, Experian, or Equifax—or another type of consumer reporting agency.
When the denial or term modification is based on a specific reason, the specific reason must be disclosed to the applicant in an adverse action notice. A notice of this type should include: the landlord’s name and contact information, the applicant’s name and contact information, a statement of denial or conditional approval, and the specific reason for the adverse action. The notice must also include the source of any report or other information that informed the landlord’s decision along with the timeframe in which the applicant may request a copy of that information.
The reason provided must be specific enough to inform the applicant of the nature of the landlord’s concern. Specific reasons for adverse actions on rental applications commonly include: temporary or irregular employment, unable to verify employment or income, length of residence, no credit file, delinquent past or present credit or rental obligations, bankruptcy, criminal record, eviction filing or judgment, garnish, foreclose, or other related judgment.
When a tenancy application denial or conditional approval is based on a consumer report, certain information about the reporting agency and each report must be disclosed to the applicant in an adverse action notice. A notice of this type should include: the landlord’s name and contact information, the applicant’s name and contact information, a statement of denial or conditional approval, and the fact that the application is being denied or conditionally approved based on the information gathered from a consumer reporting agency.
While the notice need not include specific reason(s) for the adverse action, it must communicate to the applicant enough information as to enable the applicant to understand the type of information reported about them and where it came from so the applicant can follow up on any confusing or potentially erroneous reports on their own. The notice should at least include the name of any reporting agency that provided a report, the reporting agency’s address and contact information, and the release of liability from the reporting agency in regards to the landlord’s decision. The notice should also make clear that the applicant has 60 days to request a copy of the report from the reporting agency.
Some landlords use applicant screening agencies rather than running credit checks and screening applications themselves. When a screening agency in involved, a landlord is not required to give an applicant a copy of the tenancy background check, but they must let the applicant know from which screening agency the background check can be obtained, as well as the fact that the copy must be requested within 60 days. Since the landlord does not run the consumer reports itself, it doesn’t need to name the reporting bureau(s). Rather, the consumer must obtain that information from the screening agency.
by Paul MankinWhat To Do If You Are A Victim Of Identity Theft?
Over 15 million Americans fall victim to identity theft every year costing over $16 billion in stolen funds. Recovering from identity theft can at first seem like a daunting task, but it does not have to be if you follow the recommendations of the Federal Trade Commission (FTC), national credit reporting agencies, and other government agencies in charge of consumer protection.
Reporting Identity Theft
As soon as you realize that you are a victim of identity theft, you should report it to the FTC. You can do this by phone at 1-877-438-4338 or online by visiting https://www.identitytheft.gov/. Reporting the theft online will give you access to sample letters, checklists, and a personal recovery plan. Once you have reported the theft to the FTC, you will receive an identity theft report which you will help you with some of the steps below, but you can begin the process of ensuring that your credit is protected and the thief can no longer use your identity or accounts they have already opened using it while waiting for the report. To do this, follow the steps below.
Step 1. Call all of the companies where you know that fraud has occurred. For example, if you saw any new accounts on your credit report that you did not open, contact each of the companies’ fraud departments to report the account as fraudulent. Ask the companies to close or freeze the accounts, and then follow any instructions provided. If fraudulent activity occurred on an account that does belong to you, ask that the account be frozen, a new card issued, or a new account be opened to prevent future fraudulent activity. You should also change your usernames and passwords to these accounts. Ask each company to remove the information from your credit report and send you a confirmation letter stating that the account is not yours and has been removed from your credit report. Save the confirmation letter in case the information reappears on your report later.
Step 2. Place a fraud alert on your credit reports. This is a free service and the alert will be good for one year. You only have to do this with one of the three credit reporting agencies. By law, that agency must then notify the other two. The three credit reporting agencies and their contact information are:
Equifax
P.O. Box 740256
Atlanta, GA 30374-0256
800-685-1111
Transunion
P.O. Box 2000
Chester, PA 19016
888-909-8872
Experian
P.O. Box 4500
Allen, TX 75013
888-397-3742
A fraud alert on your credit report means that companies must verify your identity before opening any new accounts, so it may be a little inconvenient for you to obtain new credit for a while, but it will it make it more difficult for anyone else to open any new accounts in your name.
Step 3. Obtain new, free, credit reports. If you have not already obtained your free reports in the last 12 months, visit the government website Annual Credit Report to order yours online. If you have already obtained your free reports in the last 12 months, you can follow the instructions on the confirmation letter that you will receive from each credit reporting agency after you have placed the fraud alert. This may take a little longer, but you will not have to pay to get the reports.
Step 4. Review your credit reports for any other fraudulent accounts and report them to the FTC and to the companies where the fraud occurred.
Step 5. Write a letter to each of the three credit reporting agencies, or use their online system, to remove all fraudulent accounts and information from your credit reports. Include a copy of your identity theft report from the FTC.
Additional Steps You May Need to Take if Your Identity Was Stolen
Depending on your situation, you may need or want to take some additional steps, besides the ones above, to ensure that your identity does not continue to be used by the thief, that all accounts are closed, and that your credit is protected.
Replace Lost or Stolen Identification or Social Security Card
If your social security card was stolen visit the social security administration (SSA) online at https://faq.ssa.gov/en-US/Topic/article/KA-02017 for help replacing your card. Likewise, if your driver’s license or state issued identification card was stolen, visit your local Bureau of Motor Vehicles office to get a replacement card issued.
File a Police Report
You may choose to report the identity theft to your local police department, especially if you believe that someone local stole your identification, bank account information, or social security card, you know who stole your identity, or one of the companies to whom you reported the fraud requires a police report.
Report Tax Fraud
If the identity theft involved the filing of a fraudulent federal income tax return, you should report that to the Internal Revenue Service (IRS). Information on what to report and how can be found at https://www.irs.gov/newsroom/taxpayer-guide-to-identity-theft. You may also need to report the theft to your state tax department if state income taxes were involved.
Get Back Your Government Benefits
If you were receiving government benefits that suddenly stopped after your identity was stolen, the thief may have changed your account information in order to collect the benefits themselves. You will need to contact the agency providing the benefits in order to determine what happened and get the issue resolved.
Stop Creditors or Debt Collectors from Attempting to Collect Debt Is Not Yours
If a creditor or debt collector attempts to collect on an account that resulted from the identity theft, write them a letter letting them know that you were the victim of identity theft and the account/charge is not yours. Be sure to include a copy of your identity theft report from the FTC with your letter.
Find and Close Checking Accounts Opened in Your Name
If you believe that someone has opened a checking account using your identity, you can request a free copy of your ChexSystems report by visiting the ChexSystems Free Annual Report webpage. Once you receive the report you should check for any accounts that do not belong to you and contact the financial institution where they are located for help closing them and getting them removed from your report.
Locate Utility and Phone Services Started Using Your Identity
An identity thief may have opened new utility accounts in your name that are still current and not appearing on your credit report. This may not cause you any problems, until the services go unpaid and become a part of your credit history. In order to locate any such accounts, contact the National Consumer Telecom and Utilities Exchange at 1-866-349-5185 to request your report. Once you receive a copy of the report, review it for any accounts that do not belong to you and contact those companies directly. Let them know you are the victim of identity theft and the account is not yours and ask what you need to do in order to have the account closed.
If you are a victim of identity theft and are unable to correct any of the results of such theft, feel free to contact our office at 1-800-219-3577, for a free, no obligation consultation.