How can I find out if the government is actually checking if debt collectors follow the rules?
Quick Summary
Yes, the government does track this. The Consumer Financial Protection Bureau (the Bureau) is required to submit annual reports to Congress that summarize how well debt collectors are following the rules and list the enforcement actions they have taken.
The situation
I am living in Ohio and have been dealing with a really aggressive collection agency for about six months now. Since last October, they have been calling my workplace three or four times a week and even sent a notice claiming I owe a balance of $1,250 for an old medical bill. I already sent them a formal letter via certified mail in November asking them to stop calling my job, but they just kept doing it. I looked online and saw that there is a government agency that is supposed to oversee these kinds of companies to make sure they aren't bullying people. I want to know if there is a way to see a formal summary or a yearly report that shows how many times they have actually caught these collectors breaking the law and what kind of punishments they handed out. I am not just looking for a way to file a complaint for my own case, but I want to know if the government actually tracks their overall success in making sure these companies play fair. Does the agency release a public update every year about how well they are enforcing the rules and what they found?
Detailed Analysis
The agency you are looking for is the Consumer Financial Protection Bureau, often called 'the Bureau.' Under federal law, this agency is required to keep track of how well companies are following consumer protection rules.
Specifically, the law states that the Bureau "shall make reports to the Congress concerning the administration of its functions... at one-year intervals thereafter"[1]. This means that at least once a year, the Bureau must provide an update to Congress. These reports are not just general updates; they must include "its assessment of the extent to which compliance with this subchapter is being achieved and a summary of the enforcement actions taken by the Bureau"[1]. An enforcement action is a formal legal step taken by the government to punish a company for breaking the law.
For your specific situation in Ohio, where an agency has continued to call your workplace despite your certified letter in November, these reports would show if the government has identified and punished similar patterns of behavior by debt collectors. While the law requires these reports to be given to Congress, they are typically made available to the public through the Bureau's official website.
It is important to note that while the Bureau provides these summaries, the law also allows for other agencies to handle enforcement. For example, the Federal Trade Commission (FTC) also has authority to enforce certain rules. Therefore, the Bureau's report is the primary way to see a high-level summary of how the government is policing the industry as a whole.
State, provincial, or local laws may add further rules regarding debt collection, so you should also check Ohio state consumer protection statutes.
Statutory Citations
Legal Citation: Consumer Credit Protection Act (Truth in Lending, Fair Credit Reporting, Fair Debt Collection) § 15 U.S.C. § 1692m — Reports to Congress by the Bureau; views of other Federal agencies
"the Bureau shall make reports to the Congress concerning the administration of its functions under this subchapter... each report of the Bureau shall include its assessment of the extent to which compliance with this subchapter is being achieved and a summary of the enforcement actions taken by the Bureau"View Official Legislation →
Legal Citation: Consumer Credit Protection Act (Truth in Lending, Fair Credit Reporting, Fair Debt Collection) § 15 U.S.C. § 1691f — Annual reports to Congress; contents
"Each year, the Bureau and the Attorney General shall, respectively, make reports to the Congress concerning the administration of their functions under this subchapter"View Official Legislation →
Important Legal Disclaimer
General legal information, not formal legal advice. The information provided on LawAsked does not constitute formal legal advice and creates no attorney-client relationship. If you require legal assistance, please consult a licensed attorney in your jurisdiction.
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