While the
Consumer Federal Protection Bureau is expected to scale back on enforcing consumer protection statutes, the FTC has increased their efforts to target debt relie
Consumer Federal Protection Bureau is expected to scale back
on enforcing
consumer protection statutes, the FTC has increased their efforts to target debt relie
consumer protection statutes, the FTC has increased their
efforts to target
debt relief scams.
The NCLC concluded that
debt settlement companies use «a business model that is inherently harmful to
consumers» because
consumers are required to pay high fees for
debt settlement programs that they are unable to complete, resulting in increased collection
efforts and growing
debts while their creditors continue to pile
on fees and interest accrues.
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.