The primary consumer protection problem areas that have given rise to the States» actions include: (1) unsubstantiated
claims of consumer savings; (2) deceptive representations about the length
of time necessary to complete a debt relief program; (3) misleading or failing to adequately inform consumers that they will be subject to continued
collection efforts, including lawsuits, and that their account balances will increase due to extended nonpayment under the program; (4) deceptive disparagement
of consumer credit counseling; (5) deceptive disparagement
of bankruptcy as an alternative for debtors; (6) lack
of screening and analysis to determine suitability
of debt relief programs for individual debtors; (7) the
collection of substantial up - front fees so the debt relief company gains even if it fails to perform; (8) lack
of transparency and information for consumers as to payment
of fees, status
of accounts, and communications with
creditors; (9) significant delays in active negotiation or engagement with
creditors, coupled with prohibitions on direct consumer communications with
creditors; and (10), in the case
of debt settlement companies, basing savings
claims (and settlement fees) not on the original account balance, but on the inflated amount due (including late fees and default rates
of interest) at the time
of settlement.
The problem involved
creditors, especially
collection agencies, who were pursuing small
claims sized matters in the Court
of Queen's Bench, which presented difficulty for those who could not afford a lawyer to represent them in that Court.