866-654-5605

My ex husband has been dead less than one month, just fianlly got power of attorney today to begin this nightmare and these "vultures" are leaving collection messages on his phone?  Unbelievable!!!!!!  If I were a business I would be impressed but as a grieving family member this is horrendous!!!

I received a disturbing message from 1-866-654-5605.  Please read the letter I have posted below from Senator Chuck Schumer. First, allow me to explain- these people are unethical, disgusting criminals, con artists bent on ripping off innocent people who think they are legally required to settle their deceased relatives' debts.  YOU ARE NOT LEGALLY OR ETHICALLY RESPONSIBLE FOR PAYING A DECEASED RELATIVE'S DEBTS (according to U.S. laws). Hopefully, a class action suit will close down creditors and scam artists like this phony organization, who uses a cold automated message to scare people into shelling out their hard-earned dollars for nothing.  In addition, the con artists actually scan the phone book and contact everyone with the same last name- i.e- "Nelson," so they're not even referring to someone who is related to you!  The automated voice described herself as "Nikia" at an unrecognizable name that sounded like, "Milletich-Collin Associates," although it was impossible to understand since static mysteriously masked the message at the precise second the name was mentioned.  It is tragic that the FTC takes years to investigate these criminals and meanwhile, hundreds of innocent people fall prey to these scams for a variety of economy-related reasons (to avoid hurting their credit score, etc).  By the time there's a case to prosecute, the organization has disappeared and taken up a new scheme, usually involving another systematic loophole in consumer law.  Now, Sen. Chuck Schumer's letter:

He has sent a request to the Federal Trade Commission asking for a formal investigation of these and other "grave robbers":

SCHUMER CALLS FOR FEDERAL INVESTIGATION INTO DEBT COLLECTORS THAT SHAKE DOWN RELATIVES OF DECEASED DEBTORS

Senator 'Dismayed' By Deceitful Practice That Preys On Relatives Who Have No Legal Obligation To Pay Their Deceased Loved Ones' Bills

Schumer Urged Crackdown By Federal Authorities In One-on-One Meeting With New FTC Chairman; In Letter Sent Wednesday, Requests List of Credit Card Companies That Hire Private Collectors To Engage In This Practice

WASHINGTON, DC— Following a meeting with the new chairman of the Federal Trade Commission yesterday, U.S. Senator Charles E. Schumer (D-NY) on Wednesday urged a federal investigation into debt collection companies that pursue payments from relatives of deceased debtors, saying the practice appears to violate existing law.  

"These companies call surviving relatives, often shortly after the death of a loved one, to coax or cajole them into making payments on the deceased relative’s credit card.  To say the least, this practice is distasteful and unethical.  Moreover, this practice may very well violate the Fair Debt Collection Practices Act," Schumer wrote in a letter sent Wednesday to FTC Chairman Jon Leibowitz.

In the letter, Schumer requested an inventory of how many debt collection agencies engage in the practice, and which credit card issuers contract with debt collectors for this purpose. He asked for an explanation as to why the practice isn't illegal under the Fair Debt Collection Practices Act, since that law prevents the collection companies from contacting anyone other than the debtor about outstanding bills. Finally, Schumer inquired whether, short of declaring the practice illegal, debt collectors could at least be required to notify the relatives they contact that they have no legal obligation to pay off the debt.

Schumer's action came on the heels of a high-profile published report last week exposing this practice, which is deceitful since relatives of deceased debtors are not required by law to assume their loved ones' debts. But debt collection agencies conveniently omit this information as they seek to coax the relatives into making payments on the outstanding bills.

A copy of Schumer's letter appears below.

March 11, 2009

Chairman Jon Leibowitz
Federal Trade Commission
600 Pennsylvania Avenue, NW
Washington, DC 20580

Dear Chairman Leibowitz:

I am dismayed to learn from recent media reports that some debt collection companies have made it a practice to attempt to collect unpaid credit card balances – and perhaps other types of unsecured debts – from the families of the deceased.   According to numerous reports, these companies call surviving relatives, often shortly after the death of a loved one, to coax or cajole them into making payments on the deceased relative’s credit card.  To say the least, this practice is distasteful and unethical.  Moreover, this practice may very well violate the Fair Debt Collection Practices Act.  I am hereby requesting that the Federal Trade Commission investigate whether debt collection companies are violating the law when they engage in this practice, and exactly what information they are conveying to surviving relatives who are under no obligation to pay off their loved ones’ credit cards.

The Fair Debt Collection Practices Act, among its many prohibitions, prevents debt collectors from contacting anyone other than the credit card holder without the prior consent of the holder.  Specifically, the Act provides that “a debt collector may not communicate, in connection with the collection of any debt, with any person other than the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.”  “Consumer” is defined in the Act as a “natural person” who owes a debt.  If this language does not apply to a situation in which the consumer is deceased, I would like to know the basis for such an opinion.  

I find it shocking that a debt collection company would determine that it is worth causing profound anguish and embarrassment in order to collect debts that are sometimes as low as $50, or which result in a payment of $15 a month from a widow or widower who is struggling to make ends meet.   If a debt is large enough to be worth collecting, there are legal ways to obtain payment.  First, if a surviving family member has also signed for the card, that family member will be obligated to pay the debt.  Second, an unsecured creditor such as a credit card issuer can obtain payment from the estate of the deceased through a routine probate proceeding, after the holders of secured debt – such as mortgagors– are paid.  This practice of harassing living family members for upfront payments results in putting credit card issuers in the front of the line to get money from an estate, rather than after those who hold secured debt.

Given the current economic situation, in which millions of honest, hard-working Americans are struggling to meet their obligations, this practice is opportunistic and destructive.

In addition to opening an investigation into these practices, I would like the answers to the following questions:

Which debt collection companies (“collectors”) are engaging in the practice of collecting credit card debt from widows, widowers, children, and other relatives of the deceased?

Which credit card issuers are hiring these collectors, or selling their debts to these collectors?  Have the issuers endorsed this practice, either by turning a blind eye toward it or by specifically encouraging it?  

Does the practice of trying to collect unsecured debts from the living relatives of debtors who have passed on violate the Fair Debt Collection Practices Act’s prohibition on communicating with third parties?  If not, why not?  What measures could be taken to make sure that these practices are stopped?

If these practices are currently legal, are these collectors uniformly making sure that they tell living relatives that they have no legal obligation to pay the debt?  Further, are the collectors informing the living relatives of the statute of limitations for collecting these debts?   Are the collectors informing the living relatives that any credit card debt would be paid from the estate only after other secured debts, such as mortgage and car payments, are paid?

Given that the FTC receives more complaints about debt collection companies than any other American business, I hope and expect that you will be thorough in your investigation of this matter.

Sincerely,

Charles E. Schumer
United States Senator

This is a debt collection agency.  Citibank (among others) apparently uses them.  Their website is http://www.phillips-cohen.com/

This beswitch named Amber had the friggin nerve to call me at work!!! It was 8:30 at night! This so called Philip Kohen and Associates already had complaints against them!!! My dad made a deal with Citibank ,not me or my mom. We have no assets, no estates, and she is 85 years old, we are  broke! these people are vultures with nice sympathetic voices and a pretty website but I plan to sue their ass! she had no right to call me at work which caused me to get an asthma attack when I heard the voicemail! I have yet to get over the death of my father and explained that to that beyotch last week!!!

I called this company today and I disagree with some of the comments.  They asked if there an estate or trust (not sure what that is) but she was very friendly said they were looking for estate personal reps or trustee to offer discounts prior to filing claims.  I told her I didn't know what that was.  She told me about the bill and asked if I was interested in a discount.  I negotiated lower than the discount they offer but was happy to satisfy my husband's credit card account.  Nobody wants to accept responsibility is the world anymore.  Some people have morals and just want to pay since they benefit from the goods purchased but maybe it's the term "collections" that makes people look at the company negatively.  I personally didn't have a bad experience.

I was forced to pay by a man with a gun he came to my house and said since I used the card they cuold do whatever they wanted.  I slammed the door in his face and they kept calling from this number.  I decided to make this known so I called my police dept.  They arested me for fraud and now I just got out of jail.  PLEASE pay your debts if you incure it you will go to jail.  I used my hubby's card after date of death and they caught me.

Philips & Cohen Collection Agency are GRAVE ROBBERS!
Recieved a call from Phillips and Cohen regarding my late husbands Sears credit card (Citibank). They were looking for payment. I advised them that my husband had the "AccountCare" on his credit card .. they pay off the balance if you die ... as Sears certainly knew since they sold him the plan and billed it to his credit card every month.  AccountCare had been notified a month ago and provided the claim form and death certificate.  Citibank just went ahead and placed the account for collections instead of waiting for AccountCare to pay the balance. Citibank and Phillips & Cohen are disgusting pigs trying to take advantage of families suffering a tradgic loss.  They should all rot in hell. I will be filing a complaint on BOTH companines with the FTC. Hopefully if enough people do this we can stop their behavior. If they call again I have my storm whistle waiting by the phone..... Call at your own risk Phillips & Cohen!!!

They had the **sadistic nerve** to call a 76 year old friend of Mom's - that lived in the same senior apt. building as her..for Mom's relatives phone numbers..

I am handicap, and my Mother was killed outside my work place by a DUI - on her way home from dropping me off at work..

Apparently they have found a way to get my daughter's number looking for Estate information for my father who passed away in 2008. They are looking to collect a debt from a child!!!  I want to know how they located my daughter who has a different last name and lives 2800 miles away from where her grandfather lived?

I  recieved a call today, August 4, from this number. They left a message for me to call back a different number that showed up on my callers ID. They reference my deceased mother's name. I haven't called them back. I checked them out first. I am appauled at companies acting this way. I have read all of these messages so, I contacted an attorney, because I was my mothers power of attorney. I was told that "NO ONE HAS TO PAY A DECEASED LOVED ONE BILLS PERIOD" he suggested that I not even return the call. Make a note of the phone number and avoid it. But if I felt like I needed to call back, make the company send me a agreement with my signature showing responsible for the debt in question. If they can't then it's over. To also report them to the better business bureua in my state and the state they practice in " that's important". To follow through with the complaint process. He also mentioned to think about not doing business with this company (original debtor) again. Spread the word!!!! We have plenty of places to do business with other than the companies that behave in such an  manner.

I just recieved a call from them about my dead grandmother's estate. Thank you all for the information. wont be calling them back.

Well yeah ya dumb ass, you cant use dead peoples cards? DUH!!!!

Got another call from these people about my ex.  I am tired of them calling.  They want information about him and the "relatives."  If they were completed legitimate, they would already know the information they are asking for.  I asked for them, once again, to remove my name from their call list.  They said they won't.  Has your class action suit gone anywhere?  These people need to be shut down.  No regard to the grieving and they don't have any of their information correct.  There are no debts, nothing to settle, so why do they hound us?

getting calls everyday from this number wishing condolence's and they are trying to collect a debt on MY estate. First of all I am not dead, second I have no debt AND HAVEN'T SINCE 1994. What can be done about these SCAMMERS?

getting calls everyday from this number wishing condolence's and they are trying to collect a debt on MY estate. First of all I am not dead, second I have no debt AND HAVEN'T SINCE 1994. What can be done about these SCAMMERS?

You are soooooooo full of crap.

I've received at least six (6) calls a day from this number. It registers unavailable and they leave no message.  Since I am a recent widow, I don't feel the need to pick up and see who it is.  I have settled all of my husband's and my debts and am paying on others because that is the kind of man my husband was (always pay what you owe).  I always paid the bills and know what exactly wjat we owed each month and to whom. I get tired of the calls but I feel if they get tired of calling then maybe they'll leave me alone.

Received a call yesterday from this number and the firm sounded like Cohen and Associates. My ex-wife passed away 30 days ago. We have been divorced 27 years. The tip-off was that they asked for "whoever" is handling the estate. I don't plan on calling them back.

My elderly mother received a call again same as the others, lots of static and my Dad died 2 years ago.  It upset my mother to hear on her answering machine asking for whoever was in charge of his estate.  She cancelled his credit cards right after he passed away, so that's not an issue.  I told her do not call them back and ignore the number from now on.  Reporting to the FTC website.

Yes, they called me also.

I was called by someone named Estelle.

She couldn't even pronounce my husband's last name.

Phillips and Cohen, you are the scum of the earth!!!!

How could you have the nerve to call!!!!!

My husband has been dead for 5 weeks.

What is wrong with you, you money hungry monsters!!