Question: Mark Silverthorn, on his website, invites people to share their personal stories about collection agencies/agents. Mark says:

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SHARE YOUR STORY ABOUT A COLLECTION AGENCY

Why should you share your story?

Sharing your story may make you feel good. The information you provide may help others who read your story. Submitting your story may also assist us in identifying certain trends or practices in the collection industry. Collection agencies and their clients share information among themselves on a regular basis; it certainly makes sense for consumers to share information about the collection industry and its practices.

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Fair enough, it seems like a good idea. Although, after 12 years as a collection lawyer and author, the reader is tempted to ask, "Gosh, doesn't he know? Isn't that why people are paying him in the first place?"

Anyhow - and it's a BIG "anyhow" - there are certain restrictions on what you are allowed to share. In fact, there are 15 clauses of them, many with complex subsections, most being comprehensible only to practising lawyers up on esoteric civil law jargon. In contrast, it's hard not to surmize, the average person trying to read and understand them is more likely to end up with a headache than a good feeling afterward.

http://www.collection-calls.ca/web-use-agreement.html

In particular, we include Sections no. 5 and 6 (of 15). Of main interest is the first clause of Section 5.
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SUBMISSION [OF PERSONAL STORIES ABOUT COLLECTION AGENTS]

By submitting your story for the “Share your story about a collection agency” section of this website ("Share Your Story") you:

A. Agree that you will not submit any information, links, e-mails, text, pictures, graphics, files or other materials ("Content") to Share Your Story that:

(a) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, libellous, hateful or racially or ethnically or otherwise objectionable;

b) you do not have a right to transmit under any law or regulation or under any contractual or fiduciary relationships; or

c) Infringes any intellectual property or other proprietary rights protected or protectable under the laws of Canada or any other laws;

B. With respect to any Content you transmit to the Firm, grant the Firm:

a) a royalty-free, worldwide, perpetual licence to use, copy, transmit, publicly display, reproduce, edit, modify, translate, reformat, create compilations and derivative works of and distribute such Content; b) the right to sublicence any such licence rights and agree that such licence will apply with respect to any form, media or technology now known or later developed;

C. Agree that you are solely and fully responsible for all information, links, e-mails, text, pictures, graphics, files or other materials (“Content”) that you submit to Share Your Story and represent, warrant and covenant that you have, and will continue to have, all necessary rights and authority to grant any licences in or to such Content and that such Content will not infringe any proprietary right of any third party;

D. Without limiting the generality of paragraph (C) above, you agree that under no circumstances will the Firm be liable in any way for any Content that is made available though Share Your Story, including without limitation, any errors or omissions in any such Content, or for any damage of any kind incurred as a result of the disclosure, use or reliance on any such Content;

E. Agree that the Firm may, in its sole discretion, reject, refuse to post, remove or block access to any Content at any time, for any reason and without notice;

F. Agree that the Firm will not provide you with a copy of the Content under any circumstances; and

G. Agree to indemnify the Firm against all claims, costs, demands and damages (including but not limited to legal fees) arising out of any breach of the aforementioned representations and warranties.

By submitting a nomination for the “Who’s Who of the Canadian collection industry” section of this website:

A) you represent and warrant that you have obtained any consent required for you to disclose personal information about the nominee; and

B) you agree to indemnify the Firm against all claims, costs, demands and damages (including but not limited to legal fees) arising out of any breach of the aforementioned representation and warranty.

6. Disclaimer and Liability Exclusion

THE FIRM DOES NOT ACCEPT ANY LIABILITY FOR YOUR USE OF THE WEBSITE. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, DURABILITY, AVAILABILITY, TIMELINESS, ACCURACY, OR COMPLETENESS, ALL OF WHICH ARE HEREBY DISCLAIMED BY THE FIRM TO THE FULLEST EXTENT PERMITTED BY LAW. THE FIRM WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE WEBSITE BY YOU OR ANY OTHER PERSON................

etc, etc, blah, blah, blah blah ad infinitum ad nauseum ad absurdam

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But I reckon it's the very first clause (Section 5 A (a)) that creates the greatest quandry. There one is prohibited from submitting any personal experience with a collection agent that

(a) "is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, libellous, hateful or racially or ethnically or otherwise objectionable; "

If we exclude all that there won't be anything left to write about since any possible experience with a collection agent will surely fall into one or more (or usually all) of those categories.

Maybe, the sort of story that Silverthorn considers permissible (aka non actionable) and is recruiting is one such as the following
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Raymond: [ring, ring] Hello.

Helpful Collection Agency (HCA): Hi, Mr. Jackson, we're just calling to see how you are today.

Raymond: Not too good, I just lost my job and I'm going into intensive care at the hospital where I'll need surgery to arrest a terminal illness.

HCA: Oh no, that's terrible! Look, if there's anything we can do, let us know. Forget about those payments and let us send you over the Christmas bonus money that me and boys were gonna get. That way, you'll have some toys for the kiddies. And if you need a car to do the shopping, you can borrow my wife's. My teenage son wlll even help you carry in the groceries.

Raymond: [Sniffle, sniffle] I'm so touched; I mean I haven't been able to make a payment in 3 months and I don't know when I......

HCA: Tut...Tut... Don't you worry about those payments; after all it's only money - people come first at HCA.

Raymond: Gee, you guys are the greatest.

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Playwright's Footnote:

(To keep Monty and Silverthorn happy.)

The above play is pure fiction. The above conversation never took place. There is no such collection agency as "Helpful Collection Agency" - and, believe me, there never will be! [So there now, I hope Silverthorn doesn't sue me for any of the 1500 things he's listed in his 15 clauses.]

Ray

One of the smaller yachts owned by Canada's 1500 most influential collection agents?