How “Overbiffing” is Harming Debtors

What is “overbiffing,” and how is it harming debtors? According to a recent report from CBS News, “overbiffing” is a term used for a practice in which debt collectors overstate the amount of money that consumers owe. And, as the article underscores, it is “the latest outrage in unfair debt collection.” In effect, through “overbiffing,” a debt collector can trick a consumer into paying more than she or he actually owes.
If you were contacted recently by a debt collector who said you owed more money than you do, or who attempted to collect a debt from you that you do not owe at all, you may have been a target of “overbiffing,” and you may have a claim under the Fair Debt Collection Practices Act (FDCPA). An experienced Oak Park consumer protection attorney can discuss your options with you.
How Does “Overbiffing” Occur?
How exactly does “overbiffing” work? In other words, what are some of the tactics or methods that debt collectors use in overstating the amount of debt that a particular person owes? There are numerous different tactics involved in “overbiffing,” including “fraudulent inflating consumer balances and using profane, abusive, and illegal tactics to collect the fabricated bills.” The term “overbiffing” comes from the use of the acronym BIF to describe a person’s “balance in full.”
It is extremely important for anyone who owes debt in Oak Park to know that they have protections under the Fair Debt Collection Practices Act. Debt collectors can not simply use any tactics to collect debt. They can not engage in any unfair, deceptive, or fraudulent debt collection practices. As the report clarifies, “overbiffing” is prohibited under the FDCPA, yet some debt collectors continue to use deceptive methods to obtain payment from debtors.
How “Overbiffing” Violates the Fair Debt Collection Practices Act
The report discusses a particular debt collection company that is alleged to have conned thousands of debtors into overpaying on debts. Many of those debtors were informed that they owed hundreds or thousands more dollars than what their actual balances showed. Lying to a debtor about the amount of money that she or he owes is just one violation of the FDCPA.
In engaging in “overbiffing,” debt collectors can violate the FDCPA in other ways, as well. To be clear, the FDCPA prohibits all of the following:
  • Debt collector misrepresenting itself as an attorney or a member of law enforcement;
  • Debt collector lying about the amount of debt owed;
  • Debt collector lying about the consequences of failing to repay a debt, such as the possibility of going to jail.
These actions are not just unlawful under the FDCPA. Many states have enacted similar state-specific laws. In Illinois, debtors are protected not only by the federal FDCPA, but also by a similar Illinois state law known as the Collection Agency Act (225 Ill. Comp. Stat. 425/1 through 425/25).
Seeking Help from an Oak Park Consumer Protection Lawyer
If you have been treated unfairly by a debt collector, you may be able to file a claim. A dedicated consumer protection lawyer in Oak Park can evaluate your case and can discuss your options with you. Contact the Emerson Law Firm to learn more about the services we provide to consumers throughout Oak Park and the Chicago area.
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