Consumers Bait Collectors With New Script to Manufacture FDCPA Claims

The Debt Collection Drill

The use of “scripts” by consumers to bait telephone debt collectors into alleged FDCPA violations is a calculated strategy dating back more than 10 years. Typically a consumer obtains such a script from a consumer attorney or from a website. The consumer will then make an inbound call to a debt collector and read certain questions off of the script, seeking to maneuver the debt collector to make a statement that facially violates the FDCPA. These scripts usually include vague, leading questions about interest or credit reporting. If the debt collector takes the bait; and makes an unintended mistake, a consumer attorney will sue or send a demand letter to the collection agency shortly after the call. Most collection agencies have in place specific training for collectors to identify and avoid such baiting, focusing on the common scripts and the certain States or geographic areas where such baiting most often occurs.

In the latest episode of The Debt Collection Drill, Attorneys John Rossman (http://www.lawmoss.com/john-rossman) and Mike Poncin (http://www.lawmoss.com/michael-s-poncin) discuss a new baiting strategy by consumers that is resulting in a substantial number of claims and specific strategies for avoiding liability.