Older Americans are increasingly hamstrung by debt and, as a result, debt collectors, according to a report issued by the Consumer Financial Protection Bureau (CFPB).
The debt collection issues older Americans complain about include collectors hounding them about medical debt, attempting to collect on debts of deceased family members and illegally threatening to garnish federal benefits.
“It is increasingly common for older Americans to carry debts into their retirement years, and consumers living on fixed incomes often struggle to pay off these debts,” said CFPB Director Richard Cordray. “Older Americans deserve to be treated with the respect they have earned.”
Some older consumers say they are unable to afford debt payments especially when they are retired and live on a small fixed income. They also express concern that the distress of being harassed by a debt collector aggravates existing medical conditions.
The CFPB said it has recently noted that older adults with cognitive impairments are particularly vulnerable to harassment and scams, especially when seniors have memory problems or cannot keep track of finances.
Medical debt
Older Americans describe being confused and frustrated because collectors attempt to collect medical expenses while the consumer is simultaneously attempting to correct billing mistakes or waiting for providers and insurers to resolve the medical disputes, the report said.
For example, older consumers report frequent and repeated attempts to collect medical bills already covered by insurance. Another common complaint from older consumers is first learning about an overdue bill from checking their credit report.
Deceased family members
Seniors and their survivors also report being hounded about the debts of deceased family members.
Many of the consumers complained that debt collectors continue to call or send collection letters after they have informed debt collectors that they are not personally responsible for the debt, or that there is no money left in the deceased borrower’s estate.
One consumer reported to ConsumerAffairs recently that a debt collector had first implied that the consumer was responsible for his mother's credit card debt. When told that he was not, the collector then said that the consumer surely wanted to protect his dead mother's credit rating.
Some of the complaints to CFPB describe collection attempts made years after probate is concluded. The closing of probate is the last chance for settlement of debts and other obligations.
Illegal garnishment threats
Older consumers also report that debt collectors sometimes threaten to garnish Social Security, Supplemental Security Income or Veterans’ benefits, even though these funds ordinarily are not subject to garnishment by collectors.
According to the complaints, these threats cause older consumers significant distress, especially when they rely on federal benefits to pay essential living costs.
What to do
To help older consumers, the CFPB issued an advisory highlighting things they can do to help deal with debt collectors:
Protect federal benefits. Consumers need to know that most federal benefits are protected in debt collection. Also, when a consumer receives federal benefits by direct deposit to a checking account, the bank or credit union is required automatically to protect up to two months of these benefits. If the consumer receives benefits on a government issued prepaid card, they usually are protected too.
Get more information to identify the debt. Older consumers report that collectors often reject or ignore their attempts to correct instances of mistaken identification. Today’s advisory tells consumers how they can obtain more information to identify the debt. It also includes the CFPB sample letter that consumers can use to find out information about the claims being made against them.
Dispute inaccurate debts. Many consumers complain that they often inform collectors that they do not owe the debt, do not recognize it, or believe the amount that debt collectors demand is wrong. The CFPB advisory tells consumers how to dispute the debt. It provides a sample letter to contact the debt collector.
Stop the harassment. Older consumers complain that debt collectors make successive calls using profanity, condescension, indignation, or rage. The advisory includes a sample letter that consumers can send to request that debt collectors cease collection communications.
See the full text of the advisory for more information.