The State of Florida received 4,400 complains last year and The Federal Trade Comission 45,000.

Kevin Kiernan, a collector from Creditors Financial Group in Colorado, didn’t help matters. According to Esther Fuentes (fictitious name) he told her she was an “irresponsible and lazy person who abused the U.S., and its responsible citizens”.

The resident of Broward said she got a Visa from Bank of America, and spent $2,000 on it. Initially, she made monthly re-payments and hoped to pay off the balance, but with late fees and rising interest rates the debt jumped to $3,000. When the debt passed to a collection agency, it denied an arrangement.

“Before that, when I was willing to pay to the bank, they made a mistake and started to debit me from an erroneous account,” says Fuentes. She said that as soon she got a new job she authorized an automatic debit from a checking account, but apparently the customer representative entered the wrong information. The bank started charging from an account she didn’t regularly use and she became overdrawn.

Fuentes received more than three calls a day, and her credit record included several delinquencies.

In 2008 Fuentes made a last effort to pay. She said Kiernan told her, “you aren’t brave enough to work in the real world; freelancers are people who don’t want to have a serious job.” Besides that, she says, Kieran told her that responsible people are paying the price for people like her; and he didn’t transfer the call to his supervisor.

Money Market called Kevin Kiernan. After he argued about why he was being called to discuss his customer service, he realizes he is talking to a reporter and hanged up. Also, this media outlet contacted his company and left several messages with no response.

Rocío Maldonado, from Puerto Rico agrees with Fuentes. She was contacted from the General Revenue Corporation in Ohio regarding a student loan and received some calls from other agency related to a debt in her JCPenney and GAP credit cards; she said a tough tone was used by the callers.

“I know I am responsible for paying, but it is disrespectful to be told by someone who doesn’t know me and didn’t have idea of my reasons that I am irresponsible,” says Maldonado regarding an agent that called to ask for her account with GAP.

It’s a job

A professional collector should be direct about the debt, but respectful and professional. The customer should know that asking for money is a job that probably will cause discomfort.

First, no one wants to receive calls from the collectors. Second, the helplessness of not being able to pay in either generates impotence.

Jay Gonsaleves, former president of the Association of Credit and Collection Professionals (ACA), and owner of Action Collection Agency, says that telling a person to be responsible with the debt is not illegal or disrespectful.
Gonsaleves recognizes that the tone has to be moderate, but it is valid to argue that a person has a responsibility to pay, despite financial hardship.

“Certainly our members are supposed to treat the people with respect and dignity”, he says. The agency has the responsibility to monitor them, and take action in case of unethical behavior.

People have rights, including 30 days to dispute the bill; communicate what happened; maintain an arrangement; ask the agency not to call them again; ask for a written verification of the debt; and the collection activities should be suspended on the account after the agency meet the request. However, they aren’t supposed to avoid the calls.

Gonsaleves thinks that hiring members of the ACA can make a big difference. Being part of ACA is an option, but at least 60% of collections agencies are members of the association. He says that individual members and the employees who are part of a company who pay membership receive seminars about customer service and collection strategies.

The Department of Financial Services of Florida received 1400 complaints last year but no investigations have been conducted.

Lyan Babilonia. Miami