Paying consumer debts is basically optional in the United States
The vast majority of America's debt collection targets $500-2,000 credit card debts. It is a filthy business, operated by lawless firms who hire unskilled workers drawn from the same economic background as their targets, who routinely and grotesquely flout the law, but only when it comes to the people with the least ability to pay.
America has fairly robust laws to protect debtors from sleazy debt-collection practices, notably the Fair Debt Collection Practices Act (FDCPA), which has been on the books since 1978. The FDCPA puts strict limits on the conduct of debt collectors, and offers real remedies to debtors when they are abused.
But for FDPCA provisions to be honored, they must be understood. The people who collect these debts are almost entirely untrained. The people they collected the debts from are likewise in the dark. The only specialized expertise debt-collection firms concern themselves with are a series of gotcha tricks and semi-automated legal shenanigans that let them take money they don't deserve from people who can't afford to pay it.
There's no better person to explain this dynamic than Patrick McKenzie, a finance and technology expert whose Bits About Money newsletter is absolutely essential reading. No one breaks down the internal operations of the finance sector like McKenzie. His latest edition, "Credit card debt collection," is a fantastic read:
https://www.bitsaboutmoney.com/archive/the-waste-stream-of-consumer-finance/
McKenzie describes how a debt collector who mistook him for a different PJ McKenzie and tried to shake him down for a couple hundred bucks, and how this launched him into a life as a volunteer advocate for debtors who were less equipped to defend themselves from collectors than he was.
McKenzie's conclusion is that "paying consumer debts is basically optional in the United States." If you stand on your rights (which requires that you know your rights), then you will quickly discover that debt collectors don't have – and can't get – the documentation needed to collect on whatever debts they think you owe (even if you really owe them).
The credit card companies are fully aware of this, and bank (literally) on the fact that "the vast majority of consumers, including those with the socioeconomic wherewithal to walk away from their debts, feel themselves morally bound and pay as agreed."
If you find yourself on the business end of a debt collector's harassment campaign, you can generally make it end simply by "carefully sending a series of letters invoking [your] rights under the FDCPA." The debt collector who receives these letters will have bought your debt at five cents on the dollar, and will simply write it off.
By contrast, the mere act of paying anything marks you out as substantially more likely to pay than nearly everyone else on their hit-list. Paying anything doesn't trigger forbearance, it invites a flood of harassing calls and letters, because you've demonstrated that you can be coerced into paying.
But while learning FDCPA rules isn't overly difficult, it's also beyond the wherewithal of the most distressed debtors (and people falsely accused of being debtors). McKenzie recounts that many of the people he helped were living under chaotic circumstances that put seemingly simple things "like writing letters and counting to 30 days" beyond their needs.
This means that the people best able to defend themselves against illegal shakedowns are less likely to be targeted. Instead, debt collectors husband their resources so they can use them "to do abusive and frequently illegal shakedowns of the people the legislation was meant to benefit."
Here's how this debt market works. If you become delinquent in meeting your credit card payments ("delinquent" has a flexible meaning that varies with each issuer), then your debt will be sold to a collector. It is packaged in part of a large spreadsheet – a CSV file – and likely sold to one of 10 large firms that control 75% of the industry.
The "mom and pops" who have the other quarter of the industry might also get your debt, but it's more likely that they'll buy it as a kind of tailings from one of the big guys, who package up the debts they couldn't collect on and sell them at even deeper discounts.
The people who make the calls are often barely better off than the people they're calling. They're minimally trained and required to work at a breakneck pace. Employee turnover is 75-100% annually: imagine the worst call center job in the world, and then make it worse, and make "success" into a moral injury, and you've got the debt-collector rank-and-file.
To improve the yield on this awful process, debt collection companies start by purging these spreadsheets of likely duds: dead people, people with very low credit-scores, and people who appear on a list of debtors who know their rights and are likely to stand on them (that's right, merely insisting on your rights can ensure that the entire debt-collection industry leaves you alone, forever).
The FDPCA gives you rights: for example, you have the right to verify the debt and see the contract you signed when you took it on. The debt collector who calls you almost certainly does not have that contract and can't get it. Your original lender might, but they stopped caring about your debt the minute they sold it to a debt-collector. Their own IT systems are baling-wire-and-spit Rube Goldberg machines that glue together the wheezing computers of all the companies they've bought over the last 25 years. Retrieving your paperwork is a nontrivial task, and the lender doesn't have any reason to perform it.
Debt collectors are bottom feeders. They are buying delinquent debts at 5 cents on the dollar and hoping to recover 8 percent of them; at 7 percent, they're losing money. They aren't "large, nationally scaled, hypercompetent operators" – they're shoestring operations that can only be viable if they hire unskilled workers and fail to train them.
They are subject to automatic damages for illegal behavior, but they still break the law all the time. As McKenzie writes, a debt collector will "commit three federal torts in a few minutes of talking to a debtor then follow up with a confirmation of the same in writing." A statement like "if you don’t pay me I will sue you and then Immigration will take notice of that and yank your green card" makes the requisite three violations: a false threat of legal action, a false statement of affiliation with a federal agency, and "a false alleged consequence for debt nonpayment not provided for in law."
If you know this, you can likely end the process right there. If you don't, buckle in. The one area that debt collectors invest heavily in is the automation that allows them to engage in high-intensity harassment. They use "predictive dialers" to make multiple calls at once, only connecting the collector to the calls that pick up. They will call you repeatedly. They'll call your family, something they're legally prohibited from doing except to get your contact info, but they'll do it anyway, betting that you'll scrape up $250 to keep them from harassing your mother.
These dialing systems are far better organized than any of the company's record keeping about what you owe. A company may sell your debt on and fail to keep track of it, with the effect that multiple collectors will call you about the same debt, and even paying off one of them will not stop the other.
Talking to these people is a bad idea, because the one area where collectors get sophisticated training is in emptying your bank account. If you consent to a "payment plan," they will use your account and routing info to start whacking your bank account, and your bank will let them do it, because the one part of your conversation they reliably record is this payment plan rigamarole. Sending a check won't help – they'll use the account info on the front of your check to undertake "demand debits" from your account, and backstop it with that recorded call.
Any agreement on your part to get on a payment plan transforms the old, low-value debt you incurred with your credit card into a brand new, high value debt that you owe to the bill collector. There's a good chance they'll sell this debt to another collector and take the lump sum – and then the new collector will commence a fresh round of harassment.
McKenzie says you should never talk to a debt collector. Make them put everything in writing. They are almost certain to lie to you and violate your rights, and a written record will help you prove it later. What's more, debt collection agencies just don't have the capacity or competence to engage in written correspondence. Tell them to put it in writing and there's a good chance they'll just give up and move on, hunting softer targets.
One other thing debt collectors due is robo-sue their targets, bulk-filing boilerplate suits against debtors, real and imaginary. If you don't show up for court (which is what usually happens), they'll get a default judgment, and with it, the legal right to raid your bank account and your paycheck. That, in turn, is an asset that, once again, the debt collector can sell to an even scummier bottom-feeder, pocketing a lump sum.
McKenzie doesn't know what will fix this. But Michael Hudson, a renowned scholar of the debt practices of antiquity, has some ideas. Hudson has written eloquently and persuasively about the longstanding practice of jubilee, in which all debts were periodically wiped clean (say, whenever a new king took the throne, or once per generation):
https://pluralistic.net/2020/03/24/grandparents-optional-party/#jubilee
Hudson's core maxim is that "debt's that can't be paid won't be paid." The productive economy will have need for credit to secure the inputs to their processes. Farmers need to borrow every year for labor, seed and fertilizer. If all goes according to plan, the producer pays off the lender after the production is done and the goods are sold.
But even the most competent producer will eventually find themselves unable to pay. The best-prepared farmer can't save every harvest from blight, hailstorms or fire. When the producer can't pay the creditor, they go a little deeper into debt. That debt accumulates, getting worse with interest and with each bad beat.
Run this process long enough and the entire productive economy will be captive to lenders, who will be able to direct production for follies and fripperies. Farmers stop producing the food the people need so they can devote their land to ornamental flowers for creditors' tables. Left to themselves, credit markets produce hereditary castes of lenders and debtors, with lenders exercising ever-more power over debtors.
This is socially destabilizing; you can feel it in McKenzie's eloquent, barely controlled rage at the hopeless structural knot that produces the abusive and predatory debt industry. Hudson's claim is that the rulers of antiquity knew this – and that we forgot it. Jubilee was key to producing long term political stability. Take away Jubilee and civilizations collapse:
https://pluralistic.net/2022/07/08/jubilant/#construire-des-passerelles
Debts that can't be paid won't be paid. Debt collectors know this. It's irrefutable. The point of debt markets isn't to ensure that debts are discharged – it's to ensure that every penny the hereditary debtor class has is transferred to the creditor class, at the hands of their fellow debtors.
In her 2021 Paris Review article "America's Dead Souls," Molly McGhee gives a haunting, wrenching account of the debts her parents incurred and the harassment they endured:
https://www.theparisreview.org/blog/2021/05/17/americas-dead-souls/
After I published on it, many readers wrote in disbelief, insisting that the debt collection practices McGhee described were illegal:
https://pluralistic.net/2021/05/19/zombie-debt/#damnation
And they are illegal. But debt collection is a trade founded on lawlessness, and its core competence is to identify and target people who can't invoke the law in their own defense.
Going to Defcon this weekend? I’m giving a keynote, “An Audacious Plan to Halt the Internet’s Enshittification and Throw it Into Reverse,” today (Aug 12) at 12:30pm, followed by a book signing at the No Starch Press booth at 2:30pm!
https://info.defcon.org/event/?id=50826
I’m kickstarting the audiobook for “The Internet Con: How To Seize the Means of Computation,” a Big Tech disassembly manual to disenshittify the web and bring back the old, good internet. It’s a DRM-free book, which means Audible won’t carry it, so this crowdfunder is essential. Back now to get the audio, Verso hardcover and ebook:
http://seizethemeansofcomputation.org
If you’d like an essay-formatted version of this post to read or share, here’s a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:
https://pluralistic.net/2023/08/12/do-not-pay/#fair-debt-collection-practices-act
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okay, first of all, absolutely goddamn feral about you, your art, writing, ideas and aus i am chewing on the bars of my cage and foaming at the mouth and screeching incoherent and rolling around on the floor and- ough... anyway
i do have a very self indulgent question, particularly about Monster AU Ghost and Price, but also extending towards the rest of 141 with their involvement
at one point you mentioned that wraiths were rare, and ghost would likely feel pity towards another one
what would happen if they did come across another wraith? especially someone fairly fresh, maybe even young, younger than any of them. is there anything anyone could do to help them? would they help? price seems to know how to handle ghost well enough, and seems like hes been around since ghost's transformation, but how would ghost himself handle seeing someone else go through something like what he did? if he had to, what advice would he give them that he never got?
just been rotting in my brain 😭 ily gira and i hope youre taking care of yourself, thank you so much for the work you put in and share with us 🥺💕
this!! is!! such a good question, anon!!!! I think there's a lot of sides to that kind of situation, especially if it’s a younger person since I hc Ghost as having a massive soft spot for kids.
lots of writing under the cut!!! my braincells were FEASTING.
I think if it was just Ghost and the newly-born wraith, he'd try to mercy-kill it. The circumstances that lead to the creation of a wraith are truly harrowing, and while Simon understands the desire for revenge that burns at the core of every freshly made wraith, he also believes their plight is a kind of torture. In his mind, it would be kind to put one out of their misery. He wouldn't take any pleasure in it - I think overall, it would be a miserable affair for all parties involved.
If Price or any of the others were around, I think they’d try to convince him to take them under his wing so to speak. But while Ghost currently operates decently with his support system, he’s extremely lucky and should be considered the exception to the trend. Price was instrumental in his recovery - years of working under him solidified Price in his subconscious as an authority figure he could trust. When Ghost lost control, he could still rely on instinct - even with his mind fracturing, Price never changed. But not everyone has this kind of person immediately available to them, and it was crucial that Price got to him as soon as he did. What Ghost is now is not what a wraith commonly looks like. Price dragged him back from a brink.
New wraiths are sort of like rabid dogs, with no sense of self preservation. They’d approach every confrontation with the kind of frenzy you’d see in someone fighting for their life. They’d also be basically impossible to immobilize - you’ve seen how Simon goes wispy at times, imagine trying to handcuff a cloud of smoke. If it came down to a situation where any of the 141 were in danger, Ghost wouldn’t hold back. He’d put the other wraith down.
But if Ghost met another wraith who’d survived that first explosion of fury and managed to calm down, AND the 141 were with him, I think he’d try to help. They bring out the best in him.
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i need to get this out of my head before i continue clone^2 but danny being the first batkid. Like, standard procedure stuff: his parents and sister die, danny ends up with Vlad Masters. He drags him along to stereotypical galas and stuff; Danny is not having a good time.
He ends up going to one of the Wayne Galas being hosted ever since elusive Bruce Wayne has returned to Gotham. Vlad is crowing about having this opportunity as he's been wanting to sink his claws into the company for a long while now. Danny is too busy grieving to care what he wants.
And like most Galas, once Vlad is done showing him off to the other socialites and the like, he disappears. Off to a dark corner, or to one of the many balconies; doesn't matter. There he runs into said star of the show, Bruce who is still young, has been Batman for at least a year at this point, but still getting used to all these damn people and socializing. He's stepped off to hide for a few minutes before stepping back into the shark tank.
And he runs into a kid with circles under his eyes and a dull gleam in them. Familiar, like looking into a mirror.
Danny tries to excuse himself, he hasn't stopped crying since his parents died and it's been months. He rubs his eyes and stands up, and stumbles over a half-hearted apology to Mister Wayne. Some of Vlad's etiquette lessons kicking in.
Bruce is awkward, but he softens. "That's alright, lad," he says, pulling up some of that Brucie Wayne confidence, "I was just coming out here to get some fresh air."
There's a little pressing; Bruce asks who he's here with, Danny says, voice quiet and grief-stricken, that he's with his godfather Vlad Masters. Bruce asks him if he knows where he is, and Danny tells him he does. Bruce offers to leave, Danny tells him to do whatever he wants.
It ends with Bruce staying, standing off to the side with Danny in silence. Neither of them say a word, and Danny eventually leaves first in that same silence.
Bruce looks into Vlad Masters after everything is over, his interest piqued. He finds news about him taking in Danny Fenton: he looks into Danny Fenton. He finds news articles about his parents' deaths, their occupations, everything he can get his hands on.
At the next gala, he sees Danny again. And he looks the same as ever: quiet like a ghost, just as pale, and full of grief. Bruce sits in silence with him again for nearly ten minutes before he strikes a conversation.
"Do you like to do anything?"
Nothing. Just silence.
Bruce isn't quite sure what to do: comfort is not his forte, and Danny doesn't know him. He's smart enough to know that. So he starts talking about other things; anything he can think of that Brucie Wayne might say, that also wasn't inappropriate for a kid to hear.
Danny says nothing the entire time, and is again the first to leave.
Bruce watches from a distance as he intercts with Vlad Masters; how Vlad Masters interacts with him. He doesn't like what he sees: Vlad Masters keeps a hand on Danny's shoulder like one would hold onto the collar of a dog. He parades him around like a trophy he won.
And there are moments, when someone gets too close or when someone tries to shake Danny's hand, of deep possessiveness that flints over Vlad Masters' eyes. Like a dragon guarding a horde.
He plays the act of doting godfather well: but Bruce knows a liar when he sees one. Like recognizes like.
Danny is dull-eyed and blank faced the entire time; he looks miserable.
So Bruce tries to host more parties; if only so that he can talk to Danny alone. Vlad seems all too happy to attend, toting Danny along like a ribbon, and on the dot every hour, Danny slips away to somewhere to hide. Bruce appears twenty minutes later.
"I was looking into your godfather's company," he says one night, trying to think of more things to say. Some nights all they do is sit in silence. "Some of my shareholders were thinking of partnering up--"
"Don't."
He stops. Danny hardly says a word to him, he doesn't even look at him -- he's sitting on the ground, his head in his knees. Like he's trying to hide from the world. But he's looking, blue eyes piercing up at Bruce.
Bruce tilts his head, practiced puppy-like. "Pardon?"
"Don't." Danny says, strongly. "Don't make any deals with Vlad."
It's the most words Danny's spoken to him, and there's a look in his eyes like a candle finding its spark. Something hard. Bruce presses further, "And why is that?"
The spark flutters, and flushes out. Danny blinks like he's coming out of a trance, and slumps back into himself. "Just don't."
Bruce stares at him, thoughtful, before looking away. "Alright. I won't."
And they fall back into silence.
Danny, when he leaves, turns to look at Bruce, "I mean it." He says; soft like he's telling a secret, "Don't make any deals with him. Don't be alone with him. Don't work with him."
He's scampered away before Bruce can question him further.
(He never planned on working with Vlad Masters and his company; he's done his research. He's seen the misfortune. But nothing ever leads back to him. There's no evidence of anything. But Danny knows something.)
At their next meeting, Danny starts the conversation. It's new, and it's welcomed. He says, cutting through their five minute quiet, that he likes stars. And he doesn't like that he can't see them in Gotham.
Bruce hums in interest, and Danny continues talking. It's as if floodgates had been opened, and as Bruce takes a sip of his wine, it tastes like victory.
("Tucker told me once--")
("Tucker?")
("Oh-- uh, one of my best friends. He's a tech geek. We haven't talked in a while.")
(Danny shut down in his grief -- his friends are worried, but can't reach him. When he goes back to the manor with Vlad, he fishes out his phone and sends them a message.)
(They are ecstatic to hear from him.)
It all culminates until one day, when Danny is leaving to go back inside, that Bruce speaks up. "You know," He says, leaning against the railing. "The manor has many rooms; plenty of space for a guest."
The implication there, hidden between the lines. And Danny is smart, he looks at Bruce with a sharp glean in his eyes, and he nods. "Good to know."
The next time they see each other, Danny has something in his hands. "Can you hold onto something for me?" He asks.
When Bruce agrees, Danny places a pearl into his palm. or, at least, it's something that looks like a pearl. Because it's cold to the touch; sinking into Bruce's white silk gloves with ease and shimmering like an opal. It moves a little as it settles into his hand, and the moves like its full of liquid.
Bruce has never seen anything like it before, but he does know this; it's not human. "What is it?" He asks, and Danny looks uncomfortable.
"I can't tell you that." He says, shifting on his foot like he's scared of someone seeing it. "But please be careful with it. Treat it like it's extremely fragile."
When Bruce gets home, he puts it in an empty ring box and hides the box in the cave. He tries researching into what it is. he can't find anything concrete.
Everything comes to a head one day when Danny appears at the manor's doorstep one evening, soaking wet in the rain, and bleeding from the side.
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Okay, so we all agree that Luke having to marry Mand’alor Din for political reasons is a quality au. What if Luke accidentally gets politically engaged to some other planetary leader instead?
Let’s say that perhaps his connection to Leia automatically made him a candidate for diplomatic marriage, especially after Leia and Han get married. Maybe it was a major clause in the funding for his Jedi school, but Luke didn’t really think they’d ever actually marry him off. For the sake of the au, let’s also disregard bits of TBOBF and Mando S3.
Luke’s been building his school on Ossus, Grogu is enjoying Jedi training, and there are a couple other students. And perhaps, Din actually becomes Mand’alor and retakes Mandalorian space. Maybe he visits the Jedi school pretty often to see his son and get away from politics.
Luke can really sympathize with having the weight of the universe and a glowing sword tossed at you with no warning. So maybe he and Din become friends after a while and maybe that friendship becomes something different. There start being blushes when someone gets pinned in a spar, falling asleep together on the couch after dinner, running around after the younglings constantly. Din visits as often as he can and has about made up his mind to just ask Luke if he would consider moving the Jedi school to Concordia so they’d at least be in the same star system most days, if not on the same planet.
That's when Luke gets an urgent holocall from Leia, informing him that he’s just been engaged to some bigwig princess as part of a treaty with a rich planet the New Republic has been courting. Luke is absolutely panicking to Din, going on about how the terms of the treaty basically forbid him from keeping his school. He’s looked at his funding agreement with the New Republic and he can’t get out of it without losing money unless he’s already married to someone.
And then Din thinks of the most beautiful solution to both of their problems. Everyone else thinks that they’re already a couple, as much as Din has denied it. Bo-Katan has been harassing him for months about spending so much time off-world to go see his little family. Mandalore could really use a trade agreement with the New Republic.
The next logical step is, of course, for Din to propose in the middle of Luke’s kitchen while his Jedi friend is struggling not to go into a dark spiral about losing his school funding. It's simple, really. They just have to get married right that moment, which would fix the school funding issue. Luke moves the school to the Mandalore system so Din can see him and the kids all the time without giving Bo-Katan a new gray streak. And Mandalore probably gets a trade agreement out of it. What’s not to like?
Luke is so stunned he accidentally pours the calming tea he was making directly onto the kitchen floor.
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