Debt Collection Fraud (The Video) | Bartmann Blog

Watch this video news story from CBS reporter Mike Parker. As you can see, pictures really do speak a thousand words. This report paints a much more visceral picture of the kind of fraud against consumers that is going on out there in the real world.

And, as if the fraud by legitimate debt collectors wasn’t bad enough, this story shows how scam artists are posing as debt collectors and then running off with the money they collect.

To stop this it’s up to us as consumers to report this kind of wrong doing to both law enforcement and our Attorney Generals. As you’ll see in this story, Attorney Generals like Illinois’ Lisa Madigan really act on these tips and are coming down hard and fast on the perpetrators.

If you’ve been a victim, follow this link to find the contact info of your state Attorney General.

Bill

Hi, I'm Bill Bartmann and I am on a mission to reform the debt collection industry in America. Please join with me as we bring a petition to Washington D.C., and make Congress close all the legal loopholes in debt collection practices. It's time to stop these debt collection abuses and stop these criminals. Join with me! Sign the petition today! http://stopthesecriminals.com/petition

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A Great Attorneys General Action Highlights The Fight for The Debt Collection Industry’s Soul | Bartmann Blog

darrell mcgrawOn Tuesday the ever vigilant West Virginia Attorney General, Darrell McGraw, announced a lawsuit against 7 UNLICENSED collection agencies for UNLAWFUL collection practices.

Now get this…his office was investigating direct complaints (not going on an unfounded witch-hunt) from West Virginia residents on a distressing array of debt collector misconduct including:

  • Repeated harassing phone calls
  • Impostors posing as law enforcement and judicial officials
  • Making false threats that non-payment will result in prosecution (criminally and civilly)
  • Collection of non-existing debts
  • Collection of debts that have already been paid

Now, before issuing the lawsuit AG McGraw actually issued subpoenas that asked the seven companies to produce records of their collection activities in West Virginia. You know what the companies did? They completely refused to comply. Doesn’t leave an Attorney General with many options but to litigate, does it?

Most “normal” people would applaud Attorney General McGraw and feel he was doing his job. Not so for the debt collection industry. Here was a comment left by a debt collector in response to the suit that illustrates a common point of view:

Again Darell McGraw will do anything to grab headlines. Worst A.G. in the country.”

Completely and utterly mind boggling.

What we’ve got here is a good old fashioned fight between “right” and self-interest. The distressing part is that I believe our industry is filled with many more who are interested in lining their own pockets at any means, than doing things the right way.

I’m just hoping that as A.G.’s like Mr. McGraw clean up our industry that can’t seem to police itself, I’ll be proven wrong.

Bill

Hi, I'm Bill Bartmann and I am on a mission to reform the debt collection industry in America. Please join with me as we bring a petition to Washington D.C., and make Congress close all the legal loopholes in debt collection practices. It's time to stop these debt collection abuses and stop these criminals. Join with me! Sign the petition today! http://stopthesecriminals.com/petition

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Illinois Lawmakers Crack Down on Debt Collectors “Sewer Service” | Bartmann Blog

illinois debt collectorsOne of the most sinister tricks in the unethical debt collectors “handbook” is known to insiders as “Sewer Service.” This is the practice of mailing notice of a lawsuit against a debtor to an address without verification that it is accurate, current or actually received. For all anyone knows the suit notification was sent down the sewer.

This results in court cases taking place without the debtor present to defend themselves, resulting in a default judgement for the collection company. After all it’s not hard to win a case when your openent doesn’t show up. Such a high percentage of debt collection court cases result in no-show default judgments, that if this was a virus we’d have an epidemic on our hands.

Well Illinois lawmakers, spurred on by the tenacious state Attorney General Lisa Madigan, are cracking down on this scam. New legislation recently introduced would require court appearance notices to be served directly to a debtor’s home, like other typical court appearance notices.

Yesterday BusinessWeek wrote a great piece highlighting how Illinois debt collectors have co-opted law enforcement and the court system to “squeeze poor people who fall behind.”

While not everyone agrees with me that debt collectors should be banned from using lawsuits as a collection weapon (I have never sued a single of our over 4.5 million clients to collect a debt) I think everyone would agree that it’s a fundamental fairness that there should be proof that they were personally aware of the suit. If they then choose to not show, at least it was a conscious, deliberate decision.

There is another major benefit too. When debt collectors know that they are actually going to have to present a case, not just win by no-show, they will be much more judicious with who they choose to sue. A good outcome all the way around.

This Illinois legislation should put an end to this terrible practice and hopefully will be a role model for other states to follow.

Want to jump in and help us?

Sign the Bill Bartmann online petition to “Ban Debt Collectors from Suing to Collect on Past Due Redit Card Bills.”

(click here: http://www.change.org/petitions/credit-card-holders-ban-debt-collectors-from-suing-to-collect-on-past-due-credit-card-bills?utm_medium=facebook&utm_source=share_petition&utm_term=autopublish)

Bill

Hi, I'm Bill Bartmann and I am on a mission to reform the debt collection industry in America. Please join with me as we bring a petition to Washington D.C., and make Congress close all the legal loopholes in debt collection practices. It's time to stop these debt collection abuses and stop these criminals. Join with me! Sign the petition today! http://stopthesecriminals.com/petition

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Yes, I know Perception is Reality, But Still… | Bartmann Blog

Debt Collectors Don't Need To Be NastyI just read the first sentence of a Huffington Post story on abusive debt collectors and found myself audibly sighing. It reads:

“It’s a debt collectors job to be nasty.”

Let me patiently and calmly say, “NO IT’S NOT!!”

A debt collectors job is to collect past due debts. Not only is being nasty not a collectors job, it’s not even part of the job description.

It pains me that people think you need to be mean in order to collect debts. Reality couldn’t be farther from the truth. In the real world you actually collect MORE when you have a collaborative, non-adversarial, relationship between collector and client.

Why?

People are intrinsically good and want to pay their debts. The reason they’re behind on their bills is usually due to some life “event” — job loss, health problem, divorce etc – not that they just woke up and decided not to pay. Being “nasty” to good people is unnecessary and usually counterproductive.

I know I am just one lone voice in the wilderness on this, but a chorus has to start somewhere. Who’s with me?

Bill

Hi, I'm Bill Bartmann and I am on a mission to reform the debt collection industry in America. Please join with me as we bring a petition to Washington D.C., and make Congress close all the legal loopholes in debt collection practices. It's time to stop these debt collection abuses and stop these criminals. Join with me! Sign the petition today! http://stopthesecriminals.com/petition

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Obama’s Common Sense Approach to Student Loan Collections Should Be Applied to Credit Card Debt | Bartmann Blog

The Obama administration has proposed to adjust minimum payments on student loans to be based on the borrowers actual earnings, instead of the total amount owed. 
This common sense approach will result in multiple “wins” all the way around, including:
  • Higher collection amounts. When a loan is in default, you’re collecting nothing.
  • More money for debt collectors. Commission based collectors make more when more is collected.
  • Helping hand to those with low incomes
  • Improved credit rating for those in default who can now begin making payment again.
I can completely relate to what it’s like to struggle to pay back a student loan. It took me 15 years to pay back my law school loan. It was difficult at times no doubt, but it was important to me to fulfill my obligation and it gave me a great sense of accomplishment to do it.
It’s a horrible place to be in when you don’t have enough money and are forced to choose between bills you pay and bills you don’t. But, this is a reality many American’s are faced with. You can’t blame them for choosing the mortgage, electric and grocery bill over a student loan or credit card bill when their families’ survival is at stake.
What you can do is make it so they can pay something, and that means basing payments on what they can afford. And, as they get back on their feet and their income grows, they’ll be able to pay more. It’s a partnership. Why debt collectors take an adversarial tact instead of a “we’re in this together” collaborative approach has always baffled me. It’s just not smart business.
Suing them all and letting the courts sort them out (aka debt collectors standard operating procedure) is lazy, hurtful, costly and should be banned. I don’t know how you legislate common sense, but the Obama team seems to be on the right track.

Bill

Hi, I'm Bill Bartmann and I am on a mission to reform the debt collection industry in America. Please join with me as we bring a petition to Washington D.C., and make Congress close all the legal loopholes in debt collection practices. It's time to stop these debt collection abuses and stop these criminals. Join with me! Sign the petition today! http://stopthesecriminals.com/petition

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A Candy Store for Criminals: The Debt-Collection Business | Bartmann Blog

What could be worse than a criminal approaching you, assaulting you and demanding money?

When criminals are hired to do just that at a desk for their 9-to-5 job.

Every line of work has people who start out fine but go astray somewhere along the way, breaking the rules and maybe even the law. It would be convenient to paint such an innocent, it-happens-to-everyone portrait of the debt-collection industry, but the truth looks much less like a portrait and more like a mug shot: The debt-collection business has become a career of choice for criminals.

One woman disclosed on her application that she previously had been convicted of financial-card fraud and also for being a lookout in a burglary. She was hired by a major debt-collection firm, which told the Minnesota Commerce Department that she had no criminal history. That company had on its staff at least 81 people with felony or gross-misdemeanor convictions.

In other cases, criminals simply checked “no” to the application question about prior criminal convictions and that was a sufficient background check for the debt-collection company:

• One guy had a felony conviction in 2006 for sexually assaulting a woman. His debt-collection company fired him not for the conviction but because he did not collect enough money.

• A woman was convicted of forgery and then went on to swindle her former employer using fake payment requests. While on felony probation, she became a debt collector and stole credit-card data to pay for $1,561 of jewelry, food and car repairs.

• Another felon was convicted for receiving stolen goods and for felony domestic assault, after police found his girlfriend bleeding in a hotel lobby. Nevertheless, eight years later he was still working for a debt-collection firm.

Lobbyists for the debt-collection industry whine that these are isolated incidents of “bad apples,” but that’s not how Minnesota Department of Commerce Commissioner Mike Rothman saw it, who has come down hard on debt-collection companies: “Our investigation discovered a handful of companies that disobeyed the law, and effectively let the wolves loose in the henhouse. In numerous instances, credit card numbers, bank accounts and personal financial information of vulnerable, financially stressed people were handed over to criminals. It should come as no surprise what happened next.” He added that the same thing has happened in many other states.

Fortunately for Minnesotans, Attorney General Lori Swanson has been aggressive in prosecuting companies with a history of abuse of various types.

Then there are the constables. In case you have a romantic image of these officers walking down the street, smiling and whistling, that’s not what we’re talking about: A Massachusetts woman heard a knock on her door shortly after midnight. “They looked like police officers,” she said. One of them was tapping his nightstick and the other one said they were there to seize her car for unpaid credit-card debt. They said: “Don’t argue with us.”

Constables are appointed by towns to serve court papers and execute court orders. They receive no training and no state agency keeps track of their identities, yet they get to carry a badge and can charge whatever they like to seize a car. The fee previously was capped at $25, but constables sometimes charge $600 or more if you want your car back. If you don’t pay, they get part of the proceeds when your car is auctioned.

Boston Globe investigation of just five counties showed that constables seized around 2,500 cars for debt collectors. In Boston alone, 88 constables had criminal arrest records.

Massachusetts Attorney General Martha Coakley has proposed regulations that would hold debt buyers responsible for abusive behavior by third parties that collect on their behalf.

Does the act of a criminal employee make the company a criminal itself? It does when the company doesn’t take its responsibilities seriously to screen carefully, train fully, monitor constantly, and fix problems immediately. And the same is true for debt-collection industry lobbyists and spokespeople: They need to stop their see-no-evil approach to claiming that the business only has a few “bad apples.” As with any degenerative addiction, only when the patient is honest about having a serious problem can effective treatment begin.

Bill

Hi, I'm Bill Bartmann and I am on a mission to reform the debt collection industry in America. Please join with me as we bring a petition to Washington D.C., and make Congress close all the legal loopholes in debt collection practices. It's time to stop these debt collection abuses and stop these criminals. Join with me! Sign the petition today! http://stopthesecriminals.com/petition

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It’s Time for a “Regulatory Cocktail” Against Unethical Debt Collectors | Bartmann Blog

Medical researchers came up with a breakthrough in the 1980s in their quest to cure patients of HIV. They developed the Highly Active Antiretroviral Therapy, which non-scientists called a “drug cocktail.” Even though any single medicine was not powerful enough to cure people with HIV, it was discovered that the right cocktail of drugs could be highly effective.

Many U.S. attorneys general are working with each other and with the federal government to employ the same strategy to control and eventually eradicate the scourge that is unethical debt collectors, because just one strategy alone seems not to be enough.

West Virginia Attorney General Darrell McGraw saw how the settlement against a major debt collector in a class-action lawsuit would pay out a lousy ten bucks per victim. Exercising his rights to protect the citizens of West Virginia, McGraw then brought his own suit against the company for using false affidavits when obtaining default judgments against West Virginians and for not including necessary details when suing consumers.

Attorney General McGraw said:

Many consumers are frightened or unaware of their rights when they are sued and fail to respond to these groundless lawsuits, leaving them subject to judgments on debts that cannot be proved. Companies such as Midland rely upon this fear and typically drop their lawsuits if consumers know their rights.

Minnesota Attorney General Lori Swanson is prosecuting agencies who work with attorneys to scam consumers. Debt-settlement companies align themselves with lawyers so they can use official-looking letterhead to collect fees up-front for promising to help consumers with their overwhelming debts. Then they fail to deliver, leaving the consumers in even-deeper debt. Attorney General Swanson said: “It’s particularly galling. Here you’re seeing people who have a special privilege — the privilege to practice law — abusing consumers who are down on their luck.”

Illinois Attorney General Lisa Madigan is going after lawyers who specialize in requesting arrest warrants for consumers behind on their bills. One example is a 53-year-old woman who was stopped for a broken taillight. When the police ran her name, she was handcuffed in front of her kids and hauled away for a $2,200 debt that had turned into a default judgment.

The Wall Street Journal surveyed just nine counties in the U.S. and found more than 5,000 such arrest warrants issued since 2010 for debt-related cases. Attorney General Madigan said: “We can no longer allow debt collectors to pervert the courts.”

Texas Attorney General Greg Abbott has gone after multiple debt-collection companies, including one whose employees took the arrest-warrant threat to a whole new level. Their employees claimed to be associated with law-enforcement agencies and the IRS. They would insist that consumers pay their debts or risk facing arrest, prosecution, and imprisonment.

Massachusetts Attorney General Martha Coakley is onto the game some debt collectors play of threatening consumers with legal action while hiding the fact that the debt is “time-barred”; in other words, the debt has passed the statute of limitations for any legal action. Her amended regulations would require that consumers be informed of that fact.

Ohio Attorney General Mike DeWine has banded together with 18 other states to go after NCO Financial, a large debt-collector, for a whole range of violations, including extracting money from consumers for debts they did not owe, and charging excessive interest.

Ohio has a tradition of pursuing debt collectors. As Attorney General in 2010, Richard Cordray investigated two other debt-collection firms, and now he heads the Consumer Financial Protection Bureau. He therefore has first-hand knowledge of the games debt collectors play.

No doubt that is why Director Cordray has already proposed regulations that would involve on-site federal inspection of the top debt collectors representing 63 percent of collections in the U.S.

More bad news is in store for crooked debt collectors. Recently, state and federal officials gathered to announce the $25 billion mortgage-servicing settlement. Attorney General Lisa Madigan used that event to reinforce the regulatory cocktail that’s being assembled against the worst debt collectors:

Know that this is neither the beginning nor the end of our work to hold banks and other institutions accountable…. Today’s settlement should serve as a warning for financial institutions: there are consequences for engaging in practices that jeopardize the stability of our communities and our economy.

Bill

Hi, I'm Bill Bartmann and I am on a mission to reform the debt collection industry in America. Please join with me as we bring a petition to Washington D.C., and make Congress close all the legal loopholes in debt collection practices. It's time to stop these debt collection abuses and stop these criminals. Join with me! Sign the petition today! http://stopthesecriminals.com/petition

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California Tells Debt Buyers to “Prove It” | Bartmann Blog

“As California goes, so goes the nation.” Could that saying be true? It just might be, considering the Golden State’s population of 36 million is six times that of the average state. California’s economy is so large that it ranks eighth in the entire world.

It’s therefore worth noting what California is about to accomplish with respect to cleaning up dirty debt collectors.

State Senator Mark Leno (D-San Francisco) hassponsored Senate Bill 890, also known as the “Fair Debt Buyer Practices Act.” It passed the California Senate by a 22-14 vote, and now moves on to the State Assembly. If signed into law, it will correct injustices that Californians have endured for years.

First, the law will prohibit a practice that could be called: “Sue ‘em all and ask questions later.” Debt buyers will be prohibited from getting a legal judgment against consumers — or sending any written material to consumers — unless they can document that they’ve matched the right person to the debt. They’ll have to produce the name and address of the debtor in the original creditor’s records, and then identify all subsequent owners of the debt, along with other details.

This common-sense requirement will blow a giant hole in the profits of California lawsuit sweatshops, which previously could sit back and grin while a consumer shouldered the expense of proving that he wasn’t the “John Smith” that racked up all those charges.

California Attorney General Kamala Harris has endorsed the bill, saying:

“Too often, a consumer can get ensnarled in a long and costly battle to prove they are not the ones responsible for debt. The Fair Debt Buyers Practices Act will put reasonable requirements on debt buyers and ensure consumers are not forced to pay the debts of others. This bill protects consumers from those in the debt-buying industry who would misuse precious judicial resources to an unjust end.”

It gets even better for consumers and worse for debt buyers: The law will prohibit a debt buyer from initiating a suit to collect a debt if the statute of limitations on that debt has expired (a.k.a. “time-barred debt”) regardless of documentation. And if the debt buyer is trying to collect on time-barred debt without suing, it must disclose the following to consumers in any written materials:

“Because of the passage of time, we may not sue in court, or commence an arbitration or other proceeding, on debt that is barred by a statute of limitations.”

That should go a long way toward solving not a theoretical problem, but a very real one: The California Department of Consumer Affairs concluded in a 2011 report that much of the debt purchased by debt buyers is not accompanied by sufficient documentation to identify the debtor. Yet, as many as 90 percent of some debt buyers’ claims result in a default judgment where no defendant appears to challenge the debt claim.

“The passage of this legislation is a major breakthrough for consumer protection in California,” saidSenator Leno.

“Aggressive debt buyers are using deceptive tactics to collect funds when they cannot even prove they are targeting the right consumer for the correct debt amount. The Fair Debt Buyers Practices Act relieves consumers and courts from the burdens and costs associated with processing large volumes of unsubstantiated debts.”

The Consumer Federation of California also supports it, and they’ve been advocating for consumer rights for 52 years.

The Director of the Consumer Financial Protection Bureau, Richard Cordray, has already announced a program of on-site inspections of the largest debt buyers. Still, the problem is so vast that it will take both federal and state efforts to eradicate the invasive species known as the unethical debt buyer.

If you’re from California, now’s an excellent time to add your voice in favor of this bill. Just take a moment to contact your Assembly Member today and express your support for SB 890. You can be sure that the bad guys will lobby hard to maintain their ill-gotten lifestyle. Your encouragement of your representative will make it clear that citizens — and their votes — are behind this common-sense bill. It will be a shot from California to the profits of unethical debt buyers, and a shot that will be heard across the country.

Bill

Hi, I'm Bill Bartmann and I am on a mission to reform the debt collection industry in America. Please join with me as we bring a petition to Washington D.C., and make Congress close all the legal loopholes in debt collection practices. It's time to stop these debt collection abuses and stop these criminals. Join with me! Sign the petition today! http://stopthesecriminals.com/petition

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Make My Phone Stop Ringing and You Just Might End Up in the White House! | Bartmann Blog

They sound so clinical and dispassionate. The Federal Reserve Bank of New York just releasedupdated statistics: “About $1.12 trillion of consumer debt is currently delinquent, with $824 billion seriously delinquent.” The report includes a chartthat provides additional facts: In 2000, about seven percent of U.S. consumers were subject to debt collection with an average amount owed of about $800. By the end of 2011, the number had grown to 14 percent of consumers, with an average amount owed of $1,400.

Let’s now run that through a robot-to-human translator:

  • The targets for debt collectors have doubled in the last decade, and
  • The size of the targets on their backs has grown by 75 percent, which means…
  • The United States is one target-rich environment for debt collectors to continue to wreak their havoc.

If we regard the seven percent as sort of a baseline, that means we have a big new group of people who have entered the ranks of the “working humiliated.” They’re the ones who just a few years ago were donating to food banks, and now find themselves with no alternative but to get food from those same banks.

Whether it’s due to losing a job or being overwhelmed by medical bills, the reason doesn’t matter. Each night they study the contours of their kitchen table, trying to figure out how a declining income can cover bulging debts.

They have an open wound and at that very moment they get a dose of acid poured on it in the form of a phone call. In one case a debt collector called a woman who couldn’t figure out how to pay for her daughter’s funeral expenses. “They told me they were going to dig my daughter up and hang her from a tree if I didn’t pay.” Another laid-off person got a call at 2:57 a.m., saying, “If you refuse to answer the door to me I guarantee you that I will wake up every neighbor in your entire building, OK? And I’ll let everybody know you don’t know how to pay your bills.”

We’re in an election year, and voters everywhere are making their mental lists of top issues. This 14 percent represents tens of millions of voters. In fact, it’s a larger group than all African Americans in the United States. At a time when politicians are in awe of the voting power of older Americans, here’s a news flash: The 14 Percenters are an even larger group.

And let’s talk about the ability to influence the electorate. This year both political parties will spend a total of over a billion dollars on catchy television commercials and polite, nicely scripted phone calls to voters. Compare those with the influence from getting this call one consumer received: “I will find your sister and your daughter, and I will find you, and I will mess you up. Goodbye.” Not a day goes by when that same sort of message isn’t reinforced over the phone, at work, on Facebook, or in court against millions of consumers and voters.

Meanwhile, the biggest debt-collection firms continue to dodge and weave past serious sanctions. One of them filed 425,000 lawsuits in a single year against consumers. And after being hauled into U.S. District Court in a lawsuit involving more than a million consumers as plaintiffs, the company was able to settle — for a fine of $10 per consumer. Yet maybe I’m being too hard on that U.S. company. After all, it was recently named “One of the best places to work.” In India.

After all, paying enforcers in the United States was cutting into profits. Minnesota Attorney General Lori Swanson and Texas Attorney General Greg Abbott should be applauded for taking matters into their own hands and filing separate suits against that company for “robo-signing” violations. Richard Cordray of the Consumer Financial Protection Bureau has announced special inspections of the biggest debt collectors, and not a moment too soon.

James Carville became famous for focusing Bill Clinton’s campaign staff by declaring, “It’s the economy, stupid.” This current election year represents a real opportunity for people running for office — or wanting to stay in one — to outline truly bold steps to shut down the abuse. The message from the 14 Percenters could not be clearer or more succinct: “Make my phone stop ringing.”

Bill

Hi, I'm Bill Bartmann and I am on a mission to reform the debt collection industry in America. Please join with me as we bring a petition to Washington D.C., and make Congress close all the legal loopholes in debt collection practices. It's time to stop these debt collection abuses and stop these criminals. Join with me! Sign the petition today! http://stopthesecriminals.com/petition

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A 43 Second Experiment in Doing Good | Bartmann Blog

bill collectors credit cards bill bartmann

This past week I’ve been completely taken aback by the overwhelming number of people, 2,226,833 as of this writing, who have signed an online petition on change.org.  Over 2 MILLION people made their voices heard…that’s extraordinary!!

And, it got me to thinking about how powerful “we the people” really are.

Not individually, mind you, but collectively. Divided we can do nothing, but UNITED we can change the world. And, if you’re game, I’d like to try a little experiment to do just that…CHANGE THE WORLD. And, best of all, it will only take 43 seconds of your time.

Here’s the details….

  • I’ve set up a petition at www.change.org to BAN DEBT COLLECTORS FROM SUING TO COLLECT ON PAST DUE CREDIT CARD BILLS.
  • Click Here —  http://chn.ge/billspetition
  • Sign the Online Petition
  • Tell 3 others to do the same (it’s easy to do right through change.org)

Banning collectors from suing will take away the bullies most powerful “stick.”

I will then take our collective signatures, bind them together in huge books and drop them on the desks of legislators in all 50 states on my 50 state tour to pass debt collection reform.

1 MILLION signatures should be quite a statement. What do you say, are you with me? It will only take you 43 seconds to help someone far less fortunate, for whom no one (except us) is sticking up for.

Go sign the petition now – http://chn.ge/billspetition

Thanks for your help on this worthy cause! – Bill Bartmann

Bill

Hi, I'm Bill Bartmann and I am on a mission to reform the debt collection industry in America. Please join with me as we bring a petition to Washington D.C., and make Congress close all the legal loopholes in debt collection practices. It's time to stop these debt collection abuses and stop these criminals. Join with me! Sign the petition today! http://stopthesecriminals.com/petition

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