Use Reason, Not Anger to Win by Lindsey Novak on Creators.com

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Use Reason, Not Anger to Win

Q: I had a billing dispute with a well-known sales website, where it arbitrarily decided that I owed $40.00. I did not order anything through the site; I did not owe anything; and I had never agreed to pay anything. After one month of me refusing to pay, my selling privileges were cancelled. The $40.00 was turned over to a collection agency that made the usual threats — "We'll have your wages garnished. We'll have your home repossessed. We'll call your boss." I told them to "F—- off." Can this alleged debt go on my credit report?

A: Collection agency employees are just following instructions. Some of those employees behave unprofessionally, sometimes crossing the line illegally. According to Privacy Rights Clearinghouse (privacyrights.org), an organization created to inform and empower consumers, "the federal Fair Debt Collection Practice Act applies to collection agencies in all states." The website offers extensive information on debt collection, privacy, credit reporting and more. It gives a state-by-state list of additional informational websites to inform you of your rights and a link for information on filing a complaint.

Privacy Rights Clearinghouse states that if the debt collection agency calls you, you can demand all future contact to be in writing. It's important to take detailed notes of the calls you receive, so you will have accurate information for filing a complaint against the agency. Privacy Rights also states, "Under the FDCPA, a collector is not allowed to make idle threats, express or implied, or use abusive or profane language. A collector should not discuss your account with third parties or use the phone to harass you." It seems like the debt collector violated all the laws in its calls to you.

Write a clear email explaining how the misunderstanding occurred and show why you do not owe the money, and send it to both the sales website and the debt collector it hired.

If the company still disagrees with you, ask for a written explanation of how they arrived at that conclusion. Clear and detailed reasoning in writing is the key to resolving the dispute. Displaying anger at a powerless employee doesn't hurt the employee; it discredits you and delays resolution. It may be time-consuming and aggravating, but take that time to clear your name. If the debt is added to your credit report, send your explanation to the credit agencies, as well. You never know when another dispute will erupt with another vendor, and you don't want a series of small bad debts to cloud your record.

TEACHER THINKS CAMP CHEATED ITS STUDENT CAMP COUNSELORS

Q: Two of my students (15 and 16 years old) worked at a day camp this past summer. The total season was six weeks, five days a week, 35 hours a week. They each were paid $600 for the season but were not paid until the season's end. They were allowed to receive tips from the parents, but these wealthy parents are stingy. The parents are known for making petty and unreasonable demands, such as wanting two seats on the bus so their child can have the seat all to himself. What agency governs this?

A: Under the U.S. Department of Labor (dol.gov/dol/topic/youthlabor) "The Fair Labor Standards Act sets wage, hours worked and safety requirements for minors (individuals under age 18) working in jobs covered by the statute." The statute covers certain types of institutions and the various levels of children's schools. Children under 20 years of age cannot receive less than $4.25 per hour during their first 90 consecutive days of employment. Receiving tips from parents at the end of the summer does not qualify them as "tipped employees," who must regularly receive more than $30 a month in tips. No need to wonder why some children grow up to be spoiled brats. Apart from the small or non-existent tips, it's not likely that the camp would violate youth labor laws year after year without being reported, but it's worth checking.

Email Lindsey Novak at LindseyNovak@yahoo.com with all your workplace questions. She answers all emails. To find out more about Lindsey Novak and to read features by other Creators Syndicate writers and cartoonists, visit the Creators Syndicate Web page at www.creators.com.