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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OK Senator Stanislawski Speaks Out on the Need to Pass The Bartmann Bill

State Senator Gary Stanislawski, the force behind introducing The Bartmann Bill for Ethical Debt Collection, shares his thought on the legislation, it’s status and the current likelihood of passage in this video interview with The AARP:

 

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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Momentum Grows as AARP Throws Weight Behind Bartmann Debt Collection Bill

I am incredibly heartened and touched by the vocal support my bill has received by one of the largest and most influential organizations in the U.S., the American Association of Retired Persons (AARP).

Here’s an excerpt of an email the AARP has just sent to their members in Oklahoma:

AARP Applauds Committee Approval of Debt Collection Bill; Urges Senate to Pass Measure that Would Require Collection Agencies to be Licensed

AARP Oklahoma today asked state senators to support a bill it says would allow the State Department of Consumer Credit to oversee the debt collection industry and levy penalties for violations.

Senate Bill 1430 by Senator Gary Stanislawski, R-Tulsa, was today approved by the Senate Judiciary Committee and now advances for consideration by the full Senate. The proposal, which is known as the Bartmann Bill for Ethical Debt Collection, would require every collection agency in Oklahoma to be licensed by the state, said AARP State President Marjorie Lyons.

“The Bartmann Bill for Ethical Debt Collection provides important consumer protection for Oklahomans,” Lyons said. “We applaud the Judiciary Committee for passing this bill and now urge the full Senate to approve the measure and send it to the House.”

In addition, SB 1430 would also ban debt collectors from using obscene language or continuing to contact a debtor after the time limit for filing a lawsuit has expired. In Oklahoma, that means three years after a consumer defaults on credit card debt or five years after defaulting on a written contract. The legislation also requires connection agencies to be sure they have located the correct person before taking legal action.

“This bill goes a long way toward protecting individuals, especially the elderly, from unethical debt collectors,” said Stanislawski. “Seniors should never feel intimidated by debt collectors and I want to make sure they know that abusive practices in debt collection will stop in Oklahoma if this bill becomes law.

AARP urged its members to contact State Senators at 1-800-865-6490 and ask them to support SB 1430.

Thank you AARP! 

 

Join us in our fight against unethical debt collection practices by signing out petition!

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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Bartmann Bill Clears Committee – Heads to Senate Floor

Bartmann Bill Passes SenateThe Bartmann Bill for Ethical Debt Collection (Oklahoma Senate Bill 1430) took a step closer to becoming law by clearing the senate judiciary committee today.

The bill, introduced by Senator Gary Stanislawski, will make Oklahoma the leading state in the country in protecting their citizens against debt collector abuse.

More importantly it was written to serve as a legislative template for other states and Congress to replicate.

A journey of a thousand miles begins with one step. Looks like we’re moving on to step 2!

Join us by signing our petition today!

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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Is the $26B Foreclosure Fiasco Foreshadowing?

banks and state settle home foreclosure disputeToday, news outlets are reporting that roughly 42 states have agreed to an arrangement for banks to pay a purported $26 billion to settle alleged misdeeds such as  improper foreclosures based on “robosigning” and property seizures made without proper paperwork.

In return, banks would get immunity from future state servicing and originating claims. One can only imagine the liability penalties at stake to be able to get this kind of massive settlement agreed to.

Key players like Iowa’s Attorney General Tom Miller, HUD Secretary Shaun Donovan and Wells Fargo’s Mike Heid should be commended for finding consensus and getting this done. Consumers were really hurt by this debacle and what they’ve crafted is not some kind of meaningless, window dressing solution. $26B will provide real help to real people

It also doesn’t take a genius to see the same dynamics at play with banks debt collection practices. Tens of thousands of “robosigning” and other violations of the Fair Debt Collection Practices Act (FDCPA) have already been reported. Who knows what lurks unreported, beneath the surface? And, when you consider Attorney Generals are now pursuing banks for violations incurred by the debt collectors they have sold their delinquent debt to….talk about opening the proverbial Pandora’s box.

Once this foreclosure deal is put to rest, unfortunately for banks, it might be “back to the future” all over again.

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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Twist of Fate — Collector Who Must Pay

Lawrence Wasden fights abusive debt collection

AG Lawrence Wasden

 

I love the poetic irony of this one. 

Idaho Attorney General, Lawrence Wasden, has gotten a debt collector, NCO Financial Systems, to pay up (yes, pay, not collect)  for deceptive practices such as misleading borrowers into paying excess interest and paying on debts they didn’t owe.

AG Wasden’s settlement with NCO includes a $50,000 set aside for affected consumers and an additional $26k to reimburse Idaho taxpayers for his departments legal expenses in the investigation.

I tip my hat to Mr. Wasden on this achievement and just hope Idaho residents don’t need to call NCO every 45 minutes to get them to pay up.

Join the fight against abusive debt collection practices by signing our petition today.

 

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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Attorneys General Should Do Their Jobs AGGRESSIVELY

Pam Bondi Florida Attorney General

Florida Attorney General, Pam Bondi

An Attorney General’s job is to protect citizens by enforcing the laws of the land. This SHOULD mean not just being passive and dealing with cases that arise in the normal course of business, but to PROACTIVELY investigate conduct that may not be visible to the naked eye.

The poster child for AG pro-activity should be Florida’s State Attorney General Pam Bondi. (@myfloridalegal)

After learning of a $2.5M settlement between Michigan and debt purchaser & collection firm, Asset Acceptance Capital Corporation, AG Bondi has begun investigating whether they violated Florida’s Unfair Trade Practices Act. Leopards don’t change their spots and I wouldn’t be surprised that Ms. Bondi finds the same illegal practices in Florida that Asset Acceptance used in Michigan.

Cleaning up the mess that is today’s debt collection industry can only occur when the financial cost of unethical and illegal collection activities is greater than the cost of proper conduct. Making this happen requires our nations Attorney General’s to not just be vigilant, but to be aggressive. They don’t need to reinvent the wheel, just follow Ms. Bondi’s lead….

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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The Bartmann Bill for Ethical Debt Collection Introduced in Oklahoma

Thanks to great public servants like State Senator Gary Stanislawski, (@SenStanislawski) Oklahoma is about to lead the nation in debt collection reform. Senator Stanislawski’s introduction of The Bartmann Bill for Ethical Debt Collection is designed to be a legislative “road map” for other states and Congress, so as a country we can better protect the neediest among us.

The bills highlights include “radical” ideas like:

  • Banning collectors from posing as attorneys (deception now has penalties)
  • Collectors will be banned from making threats & false accusations (no more intimidation and trickery)
  • Consumers are now permitted to record collection calls (gathering the evidence to prove debt collection abuse now won’t be illegal.)
  • Violations will be penalized at between $1,000-$5,000 PER OFFENSE (it won’t be good for for debt collectors’ bottom line to harass and deceive anymore.)
  • Profanity, ethnic and racial slurs are banned (there’s no place for this conduct in civil society, even in collections.)
  • Collection attempts after the statute of limitations has expired is banned (no more harassment for life)
  • Company filing a lawsuit will be required to provide valid documentation that they own the debt BEFORE bringing suits against a consumer (no more default judgement with shoddy record keeping)
  • Required verification of amount of debt owed (no more “take our word for it”)
  • Written notification of lawsuit must be received by consumer (no more “sewer service” resulting in default judgement because consumers had no idea there was even a legal action against them.)
  • Collectors are prohibited from calling more than twice in a 24 hour period (no more incessant, non-stop debt collection calls)
  • Debt buyers cannot collect on debt unless they are licensed (no more fly by night charlatans)

I’m very proud to have my name associated with this legislation and to have my debt collection business bound by it. I wish my collection industry brethren would share the sentiment….but I’m not holding my breath.

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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Missouri Supreme Court Tells Debt Buyers “We’re Not Taking Your Word For It” Anymore

Missouri Debt Collection On January 17th the Missouri Supreme Court issued an important ruling that extricated their state court system from being used as an extension of debt buyers collections department.

This decision requires debt owners (often a debt buyer who’s purchased the delinquent debt from a bank) to prove both that they own the account and how they calculated what was owed before a case can be tried. This is quite different from the “take our word for it” (or our internal record keepers word) that is the current, legally accepted norm.

From now on, in Missouri, debt buyers can’t just use the courts to bludgeon a payment or bankruptcy settlement for the debts they claim to own. First hand witnesses from the original lender (and all owners in the “food chain”) plus original documentation will need to be provided before a legal case can proceed. Given the shoddy record keeping and “robo-signing” that is rampant in the industry, this should greatly curtail the “sue ‘em all and let God sort them out” methodology debt-buyers have used to affect lucrative settlements for decades.

Let’s hope this precedent is soon be replicated throughout the country.

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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Newsweek Debt Collector Expose Very Revealing

In the current issue of Newsweek, author Gary Rivlin (@grivlin) does a superb job peeling back the curtain and allowing the world to see what really happens behind the scenes in many debt collection operations.

His primary source, Alexis Moore, shares her disturbing first hand account of life as a “desperate for a paycheck”, debt collector. She remarked that “every day I was on the job, I was asked to break the law.” This is because her supervisors overtly forced her to break laws (and rules of decent human civility), if she wanted to keep her job.

Some may argue that she should have just quit. Likely those that would have Alexis tell her boss to “take this job and shove it” have never been a paycheck away from homelessness.

That’s one of the cruel ironies of debt collection abuse. Those doing the abusing are often in desperate situations themselves – financially, or with health issues like drug addiction. Because of their precarious personal situations, they are easily manipulated to do the bidding of deceitful operators.

Some examples of collection practice abuses shared in Mr. Rivlin’s riveting Newsweek story include:

  • When someone would hang up, calling back immediately –  time after time – until the person answered.
  • Informing 3rd parties (this is illegal) such as parents, relatives and neighbors about the money owed and enlisting their support in collections
  • Asking neighbors to pin notes on the debtors door, telling them the collector called and that they owe the money
  • Threaten foreigners with deportation
  • Use vulgarities, like the “F” word, to threaten and intimidate

Unfortunately, the solution is more complex than “there oughta be a law.” There are already plenty of laws, they’re just not policed anywhere near well enough. The real solution is on the supply side. Get banks stop selling their delinquent debt to collection firms who use lawsuits, and other coercive measures to collect, and this abuse of our neediest citizens will stop almost overnight.

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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