CFPB Causes Debt Collectors to Shudder

Consumer Financial Practices Bureau cracks down on debt collectors

Consumer Financial Practices Bureau

In it’s first expansion of powers, the Consumer Financial Practices Bureau (CFPB) (also @CFPB on Twitter) has set it’s regulatory sites on debt collectors (and credit bureaus), privately sending shock-waves throughout the industry.

“Debt collectors and credit reporting agencies have gone unsupervised by the federal government for too long,” CFPB Director, Richard Cordray, told reporters

While no industry wants to be regulated by the government, if ever there was an unregulated industry that needed government supervision, it’s debt collection. According to the FTC, no industry has more complaints from consumers then debt collection.

The CFPB proposal includes the bold act of sending regulators into the offices of the largest debt collectors to observe their practices first hand. While an aggressive move, that will no doubt receive industry opposition, it’s is also wise one. As my mother would say, “an ounce of prevention is worth a pound of cure.” Levying charges for debt collector violations — after the fact — is nowhere near as helpful to consumers as preventing the violations from occurring in the first place.

Today, ten states do not regulate debt collectors, with regulations in the other 40 states varying greatly. This has created a “patch-work quilt” where consumers are treated differently based solely on their state borders. This action by the CFPB is the first, sorely needed, step in providing a uniform set of rules.

With this quick and bold action Richard Cordray is proving he’s up to the CFPB Directorship. (And I suspect, somewhere in Massachusetts, Elizabeth Warren must be smiling too.)

Bill

Hi, I'm Bill Bartmann and I am on a mission to reform the debt collection industry in America. Please join with me as we bring a petition to Washington D.C., and make Congress close all the legal loopholes in debt collection practices. It's time to stop these debt collection abuses and stop these criminals. Join with me! Sign the petition today! http://stopthesecriminals.com/petition

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Bank of America to Get Hit With Punitive Damages for Actions of Debt Collector

Bank of American Debt Collection DamagesAccording to the Wall Street Journal, sometime this year Bank of America will be slapped with punitive damages in a collection dispute. What is interesting is that the collector in question isn’t an employee of Bank of America, but instead West Asset Management, a firm who purchased the delinquent debt from Bank of America.

West Asset Management has been sued for harassing and using “psychological warfare” to collect a credit card debt from a widow, owed by her deceased husband.

If the verdict comes down as expected this opens up a legal Pandora’s box for banks, who will become exposed to massive punitive damages on the heels of the thousands of annual lawsuits for debt collector abuse and misdeeds.

This could be the wake up call banks need to insist that the firms they sell their delinquent debt to, operate in an ethical, or if that’s too much, at minimum, a legal manner.

Bill

Hi, I'm Bill Bartmann and I am on a mission to reform the debt collection industry in America. Please join with me as we bring a petition to Washington D.C., and make Congress close all the legal loopholes in debt collection practices. It's time to stop these debt collection abuses and stop these criminals. Join with me! Sign the petition today! http://stopthesecriminals.com/petition

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How Bankers Can Protect Consumers Better Than Legislation Ever Could

 

Bankers have become popular whipping posts of the media and consumers in our post financial collapse world.

While some of the outrage is well earned, a good portion is the result of sharks they have allowed to take over their financial services pond.

Case in point – debt collection firms.

Because banks sell their severely delinquent debt to debt collection firms for pennies on the dollar, they have gotten in bed with companies who standard operating procedure is to make these bank customers live’s a living hell. Their torment includes: harassing phone calls, unethical tricks, intimidation and lawsuits.

While some attorney generals across the country are working hard crack down — notably Lori Swanson (MN), Roy Cooper (NC),  Greg Abbot (TX), Lisa Madigan (IL), Martha Coakley (MA) and Darrell McGraw (WV) — banks could single-handedly put an end to the abuse without a single piece of legislation needing to be passed.

How? By agreeing to only sell their delinquent debt to firms who have agreed to abide by the honorable debt collector pledge. The key elements of the pledge include:

1. To never attempt any collection effort on any credit card debt that is beyond the statute of limitation.

2. To never file a lawsuit for collection of credit card debt.

3. To never charge interest on a credit card debt that was charged off by the original issuer.

4. To never attempt to contact the consumer regarding credit card debt by telephone more than two times in any one 24-hour period.

5. To never resell credit card accounts to anyone who has not signed this Pledge.

To date 216 debt collection firms have signed this pledged and agreed to abide by it’s principles. If banks used their clout to pressure debt collectors to do the right thing, consumers would find their lives changed practically overnight… No legislation necessary.

Bill

Hi, I'm Bill Bartmann and I am on a mission to reform the debt collection industry in America. Please join with me as we bring a petition to Washington D.C., and make Congress close all the legal loopholes in debt collection practices. It's time to stop these debt collection abuses and stop these criminals. Join with me! Sign the petition today! http://stopthesecriminals.com/petition

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“This is how the industry does it” – Not Good Enough for PA Judge

This week a Pennsylvania court threw out a case against Ms. Larry Smith because the debt collector, who had purchased the delinquent debt from Citibank, could not prove the validity of the electronic records it used as evidence of the debt.

While electronic records are admissible evidence, this case establishes that the collector must be able to show how these records were created, stored, protected from viruses and hackers, as well as chain of custody.

This decision will serve as a useful legal precedent and rob unethical debt collectors of one of their favorite tactics, “sue & hope.” Meaning they sue thousands and hope the individuals won’t show up to defend themselves (most don’t.) This typically results in a default judgment in favor of the debt collector.

It’s a sad commentary when the VP of Commonwealth Financial Solutions (the debt collector) repeatedly defended their actions by saying “this is how the industry does it.”

Actually he’s 100% correct…and that’s precisely the problem!

Fortunately the 3 judge panel saw through this and rejected this silly argument outright.

Bill

Hi, I'm Bill Bartmann and I am on a mission to reform the debt collection industry in America. Please join with me as we bring a petition to Washington D.C., and make Congress close all the legal loopholes in debt collection practices. It's time to stop these debt collection abuses and stop these criminals. Join with me! Sign the petition today! http://stopthesecriminals.com/petition

Website - More Posts