April 18, 2005
Congress may have severely toughened bankruptcy laws, to the detriment of consumers, but state officials in West Virginia say bill collectors can't threaten and harass debtors. State Attorney General Darrell McGraw is taking an out of state collection agency to court, saying it may have violated West Virginia law.
McGraw has filed suit to compel Phillips & Cohen Associates, Ltd., a New Jersey collection agency, to comply with the Attorney General's investigative subpoena.
The Attorney General began investigating Phillips & Cohens' debt collection practices after receiving complaints from consumers that it was threatening consumers with jail, discussing the alleged debts with persons other than the consumers, and attempting to collect money for debts that have already been paid.
Phillips & Cohen is not registered to do business in West Virginia and has not posted a bond, a requirement for all collection agencies doing business in the state.
"Rogue collection agencies will not be allowed to harass and threaten West Virginia consumers," McGraw said. "Any consumers who receive repeated telephone calls from debt collectors or have debt collectors threaten them with jail or criminal prosecution should contact my Consumer Protection Division."
