Archives for December 2014

Credit Card Markets Rebound as U.S. Economy Improves


The U.S. credit card market bounced back in the second quarter as the economy improved, according to the American Bankers Association’s December 2014 Credit Card Market Monitor report.  The number of new accounts increased and monthly purchase volumes picked up, while the distribution of accounts resumed its shift away from “revolvers” who carry balances month-to-month.

The report found that monthly purchase volumes also resumed their longer term growth across all customer risk profiles in the second quarter.  Compared to the first quarter, monthly purchase volumes rose 14.3 percent for sub-prime accounts, 10.3 percent for prime accounts and 8.2 percent for super-prime accounts.  This rebound is consistent with an improving consumer picture; retail sales saw consistent gains throughout the quarter and consumer spending picked up significantly. Similarly, the number of new accounts increased across all risk categories, with new account volumes now up 10 percent year-over-year.

“Strong economic growth in the second quarter offset declines in the first quarter,” said Molly Wilkinson, executive director of ABA’s Card Policy Council.  “The significant economic growth we’ve seen in recent months makes it likely that credit card market trends will continue for the remainder of 2014 and beyond.”

More Consumers Pay Cards in Full

The distribution of accounts across activity types resumed its trend toward “transactors” in the second quarter, a departure from the previous two quarters in which the share of revolvers increased.  Among all account holders, the share of transactors — those who pay their balance in full instead of carrying a balance forward — increased 0.6 percentage points to 29 percent, while dormant accounts increased 0.8 percentage points to 29.8 percent.  Although still representing the largest share of accounts, revolvers fell 1.5 percentage points to 41.2 percent.

“The shift away from revolvers reflects a changing consumer marketplace,” Wilkinson said.  “More and more consumers are using their credit card as a payment tool rather than a form of debt.”

Credit Lines Tick Up for New Accounts

The report also found that the average credit line for new accounts (accounts which have been opened less than 24 months) ticked up slightly for sub-prime and prime accounts (up 0.1 percent and 0.2 percent respectively), and increased moderately for super-prime accounts (up 1.2 percent).  When all accounts are included, average credit lines declined across all risk types, although at a slower pace than in the previous quarter.

“As the economy improves, consumers are better able to meet their financial obligations,” Wilkinson said.  “This is reflected in the small credit line increase for new accounts as lenders gain confidence in consumers’ ability to manage their household debt.”

About the Credit Card Market Monitor

The American Bankers Association Credit Card Market Monitor is a quarterly report that provides key statistics on industry trends and relevant economic factors affecting the industry.  The credit card data used in the report is taken from a nationally representative sample provided by Argus Information Services LLC.  Credit card data are presented as national averages for all accounts based on actual credit card account information.  No individual account holder’s information or specific financial institution’s data can be identified from the data set.  Other data used in the report are taken from various public and private sources, including the Department of Commerce’s Bureau of Economic Analysis and the Federal Reserve.

Answers to Frequently Asked Questions and definitions of the data presented in the ABA Credit Card Industry Monitor can be found in an Appendix attached to the monitor.

Credit Card Markets Rebound as U.S. Economy Improves
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Accounts Receivable Management

CFPB and State AGs Settle with Retailer Over Debt Collection Practices Against Servicemembers


The Consumer Financial Protection Bureau (CFPB) and the Attorneys General of North Carolina and Virginia announced legal action against a retailer that caters to members of the U.S. military, and an affiliated lender and debt collection agency, for using illegal collection tactics against their customers.

The CFPB alleges that Freedom Stores, Inc., Freedom Acceptance Corporation, and Military Credit Services LLC used illegal tactics to collect debts, including filing illegal lawsuits, debiting consumers’ accounts without authorization, and contacting servicemembers’ commanding officers.

Freedom Stores (also known as Freedom Furniture and Electronics) is a Virginia-based furniture and electronics retailer that caters to U.S. military members with stores located near military bases nationwide. Freedom Stores offers credit to consumers purchasing its merchandise and transfers the contracts to an affiliated company, Freedom Acceptance Corporation. John Melley and Leonard Melley, Jr. also own Military Credit Services, which provides financing for purchases made at over 300 independent consumer-goods retailers, primarily catering to servicemembers.

The CFPB’s investigation found that Freedom Stores, Inc., Freedom Acceptance, and Military Credit Services and the owners, John Melley and Leonard Melley, Jr., engaged in illegal debt collection practices in violation of the Dodd-Frank Wall Street Reform and Consumer Protection Act. These illegal practices include:

  • Illegally filing thousands of lawsuits in Virginia for out-of-state contracts: From July 2011 to December 2013, Freedom Acceptance Corporation and Military Credit Services filed over 3,500 lawsuits in Norfolk, Virginia against consumers who had not signed their financing contracts in Virginia and did not live there when the suits were filed. Almost all of those lawsuits resulted in a default judgment.
  • Double-dipping into servicemembers’ funds: Most of Freedom Acceptance’s and Military Credit Services’ customers sent their payments via military allotment, which is discussed more in-depth in a CFPB blog post. But the companies also required consumers to authorize withdrawals from a bank account as a back-up payment method.
  • Contacting commanding officers to pressure servicemembers into repayment: A clause buried in the fine print of the purchase contracts required servicemembers to allow Freedom Acceptance and Military Credit Services to contact their commanding officers about their debt. The companies would contact the officers in writing and by phone to disclose the debts, humiliating the servicemembers and putting their careers at risk.
  • Illegally debiting bank or credit card accounts of consumers’ family and friends: Collectors for these companies withdrew funds from checking accounts and credit cards of consumers’ parents, significant others or other individuals without prior authorization.

The CFPB and the states filed a consent order in federal court to require the three companies and their owners and chief officers, John Melley and Leonard Melley, Jr. to provide over $2.5 million in consumer redress and to pay a $100,000 civil penalty.

 

CFPB and State AGs Settle with Retailer Over Debt Collection Practices Against Servicemembers
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Accounts Receivable Management

Debt Collection Agency Launches Website to Help Debtors Get Skinny and Debt Free


AmSher, a debt collection agency specializing in Compassionate Collections, announced today that the company has launched SkinnyandDebtFree.com—a website to help people not only get out of debt, but lose weight.

Statistics show that a real correlation exists between individuals and families that are struggling with weight loss and becoming debt free.

The number of Americans, who are overweight and deep in debt, is staggering.  Two out of every three Americans are considered to be overweight or obese and 35% have unpaid bills reported to collection agencies.

“This is something we know a lot about,” said Martin Sher, Co-CEO.  “Our family has always suffered from weight related issues and my brother and I have worked in the collection industry all our lives.  We have recognized that many of the same principles that help people get out of debt also would help them lose weight.”

The website takes a fun and whimsical approach to a problem that plagues many Americans.  Topics include:  Popeye the Sailor Man Turns 80 and Reveals His 3 Secrets to Being Skinny and Debt Free; Do Not Eat Anything Your Great Grandmother Would Not Recognize as Food; and 20 Reasons You Have to be Totally out of Your Mind to be Skinny and Debt Free.

AmSher is a nationally recognized debt collection agency headquartered in Birmingham, Ala. Licensed to conduct business in all 50 states for the banking, healthcare, telecom and commercial industries, AmSher’s brand is “Compassionate Collections®.”

For more information, visit www.skinnyanddebtfree.com or www. amsher.com

Debt Collection Agency Launches Website to Help Debtors Get Skinny and Debt Free
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Accounts Receivable Management

Judge Rules that Government Debt is Covered by FDCPA, Forcing Collection Agency to Defend


A federal judge in Washington this week sided with a consumer plaintiff in denying a motion to dismiss an FDCPA class action case. The collection agency defendant argued that the debt did not fall under the FDCPA because it was incurred in a transaction required by law. The case also involves a claim concerning disclosure through a clear envelope window, a recent development that is sure to pop up more frequently.

The case, Dibb v. AllianceOne Receivables Management in the Western District of Washington, was brought by a consumer who bounced a check related to purchasing license plates and tags for an automobile.

Dibb moved to Washington in 2012 and registered her car. She paid the state $90.25 using a personal check. The following year, when she was attempting to renew the registration, she was informed that the first check had been returned and that the account was now with a debt collection agency. Dibb was told to contact the collection agency and settle the matter before moving forward with renewal.

She did just that the very same day and paid AllianceOne $98.77, which included an additional charge for allowed interest. But the collection agency informed her that she still owed it “considerable more money for legal fees and costs.”

AllianceOne filed a suit to recover the money it claimed it was owed, some $710 for legal fees and costs. The company subsequently filed a motion for summary judgment that included an attached Notice of Dishonor of Check that was previously sent to Dibb that read:

You are also CAUTIONED that law enforcement agencies may be provided with a copy of this notice of dishonor and the check drawn by you for the possibility of proceeding with criminal charges if you do not pay the amount of this check within thirty days after the date this letter is postmarked.

Dibb filed a class action suit shortly thereafter claiming violations of the FDCPA’s sections 1692e(4) and 1692e(7), both prohibiting collectors from making claims that a consumer could be arrested or charged with a crime as a penalty for non-payment.

The plaintiff also tacked on a § 1692f(8) claim because the Notice was sent in an envelope with a clear “glassine” window, through which Dibb’s account number was visible. This particular claim is one of the first following a Circuit Court ruling in late summer in Douglass v. Convergent Outsourcing.

AllianceOne filed a motion to dismiss the case, arguing that Dibb’s debt was not covered by the FDCPA since the underlying “transaction” (that of registering a vehicle) was required by state statute and that “failing to register a vehicle subjects the owner to fines and penalties,” similar to not paying taxes. The main reasoning was that the transaction was not consensual, as required under the FDCPA.

The Plaintiffs countered that that “they do not have to register their vehicles – they only must do so if they intend to drive their vehicles on public roads. Accordingly, they enter a consensual transaction and so any resulting debt (here due to the returned check) is covered under the FDCPA.”

U.S. District Judge Robert Bryan sided with the Plaintiffs ruling that they had stated a claim under the FDCPA and allowing the case to proceed.

Judge Rules that Government Debt is Covered by FDCPA, Forcing Collection Agency to Defend
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Accounts Receivable Management

CFPB Sues Texas Company for Sham Credit Card


The Consumer Financial Protection Bureau (CFPB) is suing a Texas-based company, Union Workers Credit Services, for deceiving consumers into paying fees to sign up for a sham credit card. The Bureau alleges that the company falsely advertises a general-use credit card that, in actuality, can only be used to buy products from the company.

Union Workers Credit Services also deceptively implies an affiliation with unions by, among other things, using pictures of nurses, firefighters, and other public servants in its advertising. The Bureau’s lawsuit seeks compensation for victims, a civil penalty, and an injunction against the company.

“The business model for Union Workers Credit Services is built on duping consumers into signing up for a sham credit card,” said CFPB Director Richard Cordray. “Hundreds of thousands of people, including a great many union members who were specially targeted, have been tricked into spending millions of dollars for a so-called credit card that can really only be used to buy the company’s own products. From the misleading photos of nurses and firemen on its website to its bogus credit card, Union Workers Credit Services is illegally deceiving consumers.”

The CFPB’s complaint can be found at: http://files.consumerfinance.gov/f/201412_cfpb_complaint_union-workers-credit-services.pdf

Union Workers Credit Services, a company based in Dallas, has been in operation since roughly 2004. The Bureau alleges that the vast majority of the company’s revenue is generated from selling a buying-club membership card that it falsely advertises as a general-purpose credit card. Most consumers never use the membership card but cannot recoup their membership fees − $37 if they apply through the mail or $95 if they apply online. Union Workers Credit Services has collected membership fees from hundreds of thousands of consumers throughout the United States, totaling millions of dollars.

Under the Dodd-Frank Wall Street Reform and Consumer Protection Act, the CFPB has the authority to take action against companies violating federal consumer financial laws, including engaging in unfair, deceptive, or abusive acts or practices. The Bureau alleges that Union Workers Credit Services is:

  • Falsely advertising a general-use credit card: The Bureau’s complaint alleges that through direct-mail advertisements and on its website, the company advertises a credit card that it falsely implies is for general use. The company’s advertisements suggest to consumers they can receive a pre-approved “platinum card” with a credit limit of up to $10,000 and a 5 percent annual percentage rate. The offer says consumers do not have to worry if they “have been denied access to a Visa or MasterCard.” Later, many consumers realize what they really bought was a buying-club membership card to purchase only goods from the company itself, rather than from other retailers.
  • Falsely advertising an association with unions: The Bureau also claims that the company deceives consumers by falsely suggesting that it is affiliated with labor unions. The banner of its website has photos of police, firefighters, and medical workers. The online application form asks consumers to select their union membership from a drop-down list.
  • Misusing consumer credit reports: Federal law requires that when companies use consumer credit reports to target certain advertisements to consumers without their advance consent, they must advise those consumers of their right to opt out of receiving such advertising. The Bureau alleges that Union Workers Credit Services failed to do this.

Thousands of consumers have filed complaints with law enforcement agencies and the Better Business Bureau about Union Workers Credit Services. The company has also been sued by multiple government authorities, including the New York State Attorney General and the U.S. Postal Service.

Through today’s lawsuit, the Bureau seeks to stop the alleged unlawful practices of Union Workers Credit Services. The Bureau has also requested that the court impose penalties on the company for its conduct and require compensation be paid to consumers who have been harmed.

CFPB Sues Texas Company for Sham Credit Card
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Accounts Receivable Management

Potential ARM Game Changers to Watch for in 2015


Mike Ginsberg

Mike Ginsberg

It’s been seven years since the start of the Great Recession, and the impact of this event has been dramatic, long-lasting and widespread. The economy has only recently shown evidence of returning to pre-downturn levels of performance.

For the ARM industry in particular, adjusting to the “new world order” has been challenging and costly. The financial services vertical was the most severely impacted and the slowest to recover. Some of the largest financial institutions ceased placing, suing and/or selling accounts receivable, causing debt buyers, service providers and tech vendors focused on this segment to significantly revamp business strategies or sell out.

As we wrap up another year, let’s take a few moments to ponder some of the potentially big game changers looming on the horizon in 2015 and beyond for U.S. ARM companies and their possible implications.

An increased demand for health care. Starting next year, the baby boomer generation – the largest population group in the United States, estimated to be 77.3 million people and nearly 25% of the U.S. population – will begin retiring from the labor force. The health care industry is expected to grow rapidly to meet the needs of this aging population. In order to service these numbers, hospitals, senior living centers, doctors’ offices and other health care providers will undoubtedly seek greater support from revenue cycle and accounts receivable management firms. Embracing this change becomes essentially, especially since it’s coupled with increased government regulation and consolidation among health care providers. Major opportunities abound for health care-focused service providers to expand offerings and geographic coverage to capitalize on market changes.

Also on the topic of health care, we will pay close attention to House v. Burwell and King v. Burwell (a.k.a. Obamacare vs. Scaliacare). Should these cases win in court, they would invalidate any federal subsidies to states that did not set up a health exchange themselves. The loss of hundreds of billions of dollars in federal subsidies would impact nearly 100 million Americans and essentially destroy the law. The cancellation of nearly 100 million policies could have drastic impacts on the ARM industry that services health care clients as it would significantly boost the need for self-pay collection work since insurance companies will not pay for these plans going forward.

Student loans, the fastest growing market segment, are also the most dynamic. In Q3 2014, the U.S. student loan market reached $1.126 trillion, with nearly $125 billion in delinquencies. This market segment catapulted into the largest growth market for U.S. ARM companies positioned for the windfall. However, changes are looming on the horizon and will be watched closely in 2015. Consider that President Obama wants to overhaul the student loan market as he believes they are a barrier to economic growth. The Obama administration is exploring policies like PAYE, which allows graduates to cap their repayments at a set percentage of disposable income, followed by total debt forgiveness after 10 years of public service or 20 years in the private sector. Adding fuel to the fire, the U.S. Treasury Department is flirting with a pilot program to manage some of the default accounts from the Department of Education now being outsourced to private collection agencies. ED is behind schedule for awarding the unrestricted student loan contract awards and some insiders speculate ED will not complete the process until the end of the 2015 fiscal calendar year.

Subprime credit card borrowing is on the rise. Some major lenders are pursuing risky credit card borrowers more aggressively in an effort to fill a void created in this market segment and fuel growth amidst tight regulation. Banks and credit card companies issued 3.7 million credit cards to subprime borrowers during the first quarter, a 39% jump from a year earlier and the most since 2008, according to data provided by Equifax Inc. Richard Fairbank, chief executive of Capital One, said at an investor conference earlier this year that many card companies are again targeting subprime customers. Capital One reported about one-third of its U.S. credit card balances belonged to borrowers with FICO scores of 660 or lower, or who had no score by the end of the first quarter. Wells Fargo also reported more than $2.1 billion in credit card balances with borrowers whose FICO scores ranged from 600 to 639 in the first quarter, up 9% from a year earlier and 18% from two years earlier. These trends continued in the second half of the year. While bankcard/credit card agencies are not out of the woods yet, this bodes well for agencies and debt buyers that suffered significant client losses in recent years while incurring escalating compliance costs.

On the M&A front, we expect a strong wave of consolidation among collection agencies and law firms over the next 18-24 months as smaller and midsize service providers find it increasingly more challenging to operate profitably as a stand-alone businesses.

We hope you join Rozanne Andersen and me as we cover these and other market changes on January 22nd at 2 p.m. EST for our final webinar installment of the 2014 Leadership Series for ARM Executives. Free registration is now available online.

Potential ARM Game Changers to Watch for in 2015
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Accounts Receivable Management

BillingTree Completes HIPAA Security Assessment as Part of its Focus on Regulatory Compliance


BillingTree®, one of the nation’s premier payment solutions providers, today announced it has completed the 2014 assessment in line with the Health Information Portability and Accountability Act (HIPAA) Security Rule. The HIPAA assessment, which was carried out by nationwide independent security and compliance experts A-Lign, confirms to healthcare receivables firms that the company continues to remain compliant with industry regulations.

The successful assessment is part of BillingTree’s industry-leading policy of regulatory compliance – the company is also holds PCI DSS Level 1 Compliance certification and is accredited with an ‘A+’ rating by the internationally respected independent Better Business Bureau (BBB). In August the company also announced its successful examination in conformity with the Statement on Standards for Attestation Engagements (SSAE) No. 16.

The HIPAA assessment certifies that BillingTree’s processes, procedures and controls have been formally evaluated and tested against guidelines laid down by the U.S Department of Health and Human Services. A-Lign conducted the assessment using a combination of interviews, observation and inspection of evidence to determine BillingTree’s controls and procedures are in place as required.

“At BillingTree we are committed to ensuring our customers and partners enjoy complete compliance across a range of industries,” commented BillingTree’s CEO Edgars Sturans. “This latest HIPAA assessment shows BillingTree’s continued dedication to ensure our payment processing services are secure and compliant. It’s evidence that our controlled procedures and environment continue to operate in line with up-to-date industry standards.”

Organizations in the healthcare receivables marketplace interested in more information on healthcare compliance can register here for a replay of a recent BillingTree webinar around the topic.

About BillingTree
BillingTree’s mission has centered around assisting companies with growing their business by delivering cost-effective, compliant payment solutions that increase and accelerate collections. Committed to and serving the accounts receivable industry for over a decade, BillingTree is the industry leader in the breadth of integrations with core collection platform systems and payment technologies, and in payment compliance. At BillingTree – Your Growth is Our Business. For more information, visit www.mybillingtree.com or call 877.4.BILLTREE.

BillingTree Completes HIPAA Security Assessment as Part of its Focus on Regulatory Compliance
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Accounts Receivable Management

CFPB Shuts Down Student Loan Debt Relief Scam as Senators Press ED on Loan Discharges


In two separate actions Thursday, the CFPB and a group of U.S. Senators turned their attention to debt relief for students struggling to repay loans. The CFPB shut down two student “debt relief” scams while 13 Senators asked the Department of Education to forgive student loans held by companies that break the law.

The CFPB announced that it took action to put an end to two student “debt relief” scams that illegally tricked borrowers into paying upfront fees for federal loan benefits. The CFPB, in a joint filing with Florida’s Attorney General, shut down student debt relief company College Education Services and separately filed a lawsuit against Student Loan Processing.us for illegally marketing student debt relief services.

The Bureau also issued a consumer advisory warning student loan borrowers to be wary of paying high fees for free federal loan benefits.

College Education Services, its owner, Marcia Elena Vargas, and advisor and employee, Frank Liz, marketed and advertised debt relief services to student loan borrowers with loans in default. Based in Tampa, Florida, the company advertised through Internet ads and operated websites including CollegeDefaultedStudentLoan.com and HelpStudentLoanDefault.com. The company reaped millions of dollars in advance fees from thousands of consumers before it ceased operations around February 2013.

Specifically, College Education Services:

  • Charged illegal advance fees
  • Falsely promised lower payments
  • Falsely claimed quick relief from default or garnishment

Under the Dodd-Frank Wall Street Reform and Consumer Protection Act, the Bureau has the authority to take action against companies engaging in unfair, deceptive, or abusive practices (UDAAP).  The Bureau asked a federal district court to enter a consent order that would permanently ban College Education Services, Liz, and Vargas from engaging in any debt relief businesses. In addition to the permanent ban, the proposed order requires College Education Services, Vargas, and Liz, to pay a $25,000 civil penalty, which was based on the defendants’ inability to pay a more substantial amount.

Student Loan Processing.US, a fictitious business name of Irvine Web Works, Inc., is headquartered in Laguna Nigel, California, with an office in Dallas, Texas. The CFPB alleges that since at least July 2011, the company and its owner, James Krause, has been marketing and advertising services to advise and assist borrowers applying for Department of Education federal student loan repayment programs. The company operates websites under the names StudentLoanProcessing.us, StudentLoanProcessing.org, and slpus.org.

In the complaint filed Thursday, the Bureau is accusing the company and Krause of:

  • Falsely representing an affiliation with the U.S. Department of Education
  • Charging illegal advance fees
  • Deceiving borrowers about the costs and terms of its services

Separately from the CFPB and Florida AG actions, a group of 13 Democratic U.S. Senators sent a letter to the Department of Education urging the agency to implement clear policies for using its existing authority to discharge federal student loans for students who attend colleges that break the law. The letter was signed by Senators Warren, Barbara Boxer (D-Calif.), Richard Durbin (D-Ill.), Jack Reed (D-R.I.), Sheldon Whitehouse (D-R.I.), Jeff Merkley (D-Ore.), Al Franken (D-Minn.), Richard Blumenthal (D-Conn.), Brian Schatz (D-Hawaii), Tammy Baldwin (D-Wis.), Christopher Murphy (D-Conn.), Mazie Hirono (D-Hawaii), and Edward Markey (D-Mass.).

In the letter, the senators ask ED to immediately discharge loans for students who attended Corinthian Colleges, Inc. campuses and have legal claims against the school. Corinthian Colleges is currently the subject of lawsuits by the Massachusetts and California state attorneys general and the CFPB, and is under investigation by more than a dozen other state attorneys general for unlawful practices.

The senators also highlighted the importance of strong federal legal protections for borrowers to ensure accountability for schools and for regulators.

In the letter, the senators call on ED to implement clear policies and procedures that put teeth into its existing legal authority to discharge federal student loans when borrowers have legal claims against their schools. The senators wrote, “Without such a process, duplicitous colleges are free to break the law, to suck down billions in federal student loan dollars, to treat students unfairly — and to stick borrowers with the bill. This is exactly what we have seen at Corinthian Colleges.”

 

 

CFPB Shuts Down Student Loan Debt Relief Scam as Senators Press ED on Loan Discharges
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Accounts Receivable Management

CFPB Addresses Medical Debt Collection, Mandates Tighter Policing of Credit Report Furnishers


Consumer Financial Protection Bureau Director Richard Cordray today will call on credit reporting agencies to take a more active role in policing the companies that furnish data on consumers, including a mandate to report consumer disputes made against specific companies. The new requirements stem from a CFPB study on debt collection tradelines in credit reporting.

In a speech in Oklahoma City Thursday, Cordray will announce that large national credit reporting bureaus will now be required to track which creditors, debt collectors, debt buyers, and other companies are providing information for publication on consumer credit reports that see the highest level of disputes from those consumers. The credit reporting agencies will then provide an “accuracy report” to federal regulators.

The CFPB will also be tracking which industries draw the most disputes and which companies receive the highest number of disputes relative to their peers within industries.

The federal financial watchdog released a sample accuracy report that it suggested credit reporting agencies could use to comply with the new requirement.

The Bureau did not say how it will use the information it collects from the credit bureaus, but it did say that it “expects the credit reporting agency to investigate, identify if there is a problem, and take appropriate action” against companies with a high number of disputes. In his speech, Cordray said that appropriate action “may include declining to accept information from the troubled furnisher.”

In conjunction with the new requirement announcement, the CFPB released a study on the impact debt collection has on consumer credit reports. The focus was primarily medical debt, but the new requirements for national credit reporters – specifically, TransUnion, Equifax, and Experian — will be neutral on the type of debt being reported.

Still, the CFPB’s report showed that 52 percent of all debt on credit reports is from medical expenses. So a lot of the information in the report, and in Cordray’s speech, was focused on medical debt.

“It’s hard for consumers to navigate the medical debt maze and come out with a clean credit report on the other side,” said CFPB Director Richard Cordray. “The CFPB is taking action to improve credit report accuracy. Getting medical care should not make your credit report sick.”

The CFPB’s research revealed that nearly 20 percent of all Americans have a medical debt on their credit report, with seven percent having only a medical debt collection tradeline and no other negative marks.

The impact medical debt has on consumers’ credit reports is a huge concern for the CFPB, especially since the transaction that creates the debt is often far different from typical credit behavior. The report is also a continuation of the work the CFPB has been doing in the area.

In May, the CFPB published a report that focused on the consequences of medical debt in collections on consumers’ credit scores. In both the report and in official statements made surrounding its release, the CFPB did not make recommendations for policy changes. At the time, the report was seen as the first step in the process of proposing a rule about medical debt reporting and collection.

The CFPB stopped short of making rule proposals today, but the new requirement on national credit reporting agencies is not the only step the Bureau is considering.

The report lauds efforts by credit scoring outfits, specifically FICO, to re-weight paid collection accounts and medical debt. The CFPB also mentioned the joint effort by ACA International and the Healthcare Financial Management Association (HFMA) to develop standards for medical debt collection and credit reporting.

Outside of the medical ARM sector, the report contained some additional interesting information. The CFPB’s research revealed that more than two-thirds (67.5 percent) of all collection tradelines on consumer credit reports are reporting on accounts that did not originate with a traditional credit agreement. In addition to healthcare providers, utility companies and telecom companies – and their debt collection agencies – are responsible for the bulk of collection tradelines.

The Bureau also discussed “passive collection,” or parking collection tradelines on consumer credit reports in an attempt to get inbound service from debtors. But the CFPB did note that in many cases, a collection agency’s credit reporting behavior is dictated by its creditor client, including healthcare providers.

Finally, the CFPB announced the publication of a new consumer advisory, “7 Ways to Keep Medical Debt in Check.”

CFPB Addresses Medical Debt Collection, Mandates Tighter Policing of Credit Report Furnishers
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Accounts Receivable Management

Congressmen Urge Scrutiny of For-Profit College Sale to Debt Collector


Three Congressmen wrote a letter to the Department of Education this week urging careful scrutiny of a plan that would see 56 campuses previously owned by Corinthian Colleges, Inc. sold to ECMC Group, a student loan guarantor and parent company of a student loan debt collection agency. The letter cited debt collection tactics, among other things.

The Congressmen – Reps. Steve Cohen (D-Tenn.), Raul Grijalva (D-Ariz.), and Mark Takano (D-Calif.) – accused ECMC of being a bad fit for running colleges because as one of the largest student loan guaranty agencies in the country, it “has benefited by collecting loan payments from student, sometimes using dubious tactics.”

Under the plan, ECMC Group is forming a non-profit subsidiary, Zenith Education Group, to facilitate the sale and run the campuses post-transaction. ECMC is the parent company of Educational Credit Management Corporation, one of the largest student loan guaranty agencies in the U.S. and Education Department partner, as well as Premiere Credit of North America, a debt collection agency that also collects student loans on an ED contract.

ECMC said that the transition from for-profit to non-profit status would involve transforming “the culture and education model at the acquired schools, including lowering tuition and introducing strict accountability standards for program completion and job placement rates.”

But the letter noted that once the transition is complete, Zenith will not be held to new measurable standards set for for-profit institutions involving job placement goals and the ability of its students to repay student loans.

Further, the Congressmen wrote that, “We are concerned that neither the ECMC Group nor the Zenith Education Group has any previous experience in operating an academic institution.”

Rep. Cohen is also the lead sponsor of the Private Student Loan Bankruptcy Fairness Act of 2013 with Congressman Danny Davis (IL-07), which aims to restore fairness in student lending by treating privately issued student loans the same as other types of private debt in bankruptcy.

Congressmen Urge Scrutiny of For-Profit College Sale to Debt Collector
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