The debt collection industry still has plenty of work to do in terms of correcting its collection attempts against delinquent borrowers, according to a new ranking and analysis by Inside the CFPB. “Incorrect collection attempts” were far and away the leading consumer complaint about the industry submitted to the CFPB, with more than 12,000 such gripes filed, nearly 40 percent of all debt-collection criticisms, the analysis found. (See chart on page 7.) The biggest offender in this regard was Encore Capital Group, with 925 such complaints. MNE Services Inc., on the other hand, had the lowest number of gripes in this area, 19, among the top 50 companies in the ranking. “Communication tactics” ranked second among types of consumer complaints ...
The American Bankers Association has weighed in once again on the CFPB’s proposed information collection request filed with the Office of Management and Budget to survey consumers about their experience with debt collection – this time asking it be shut down entirely. In its first comment on an earlier iteration of the bureau’s request, the ABA expressed general support for a consumer survey. However, the industry group identified “significant design and methodological concerns” and suggested changes to the survey instrument and its administration that the banking industry believes will improve the integrity and practical utility of the proposed information collection. Unfortunately, in the revised proposal, the CFPB responds “only perfunctorily to stakeholder comments and reflects very little real change to the ...
Some industry representatives are worried about maintaining the privacy of consumer personal data in the context of expanding the CFPB’s complaint database with consumer narratives, as the bureau recently proposed. Meanwhile, others fret that financial services companies will be unjustifiably smeared by rumors and false accusations. “[W]e have grave concerns that the CFPB’s public database of complaint information puts consumers’ nonpublic personal information at risk of public discovery,” said the Consumer Mortgage Coalition. “The CFPB now proposes to expand the amount and types of information it will publish, which increases the risk and extent of inappropriate breaches of consumer’s privacy without their knowledge.” In the new age of “Big Data,” concerns about the privacy of consumers’ personal information are heightened ...
The CFPB recently fined auto finance company First Investors Financial Services Group Inc. $2.75 million for allegedly failing to fix known flaws in a computer system that was providing inaccurate information to credit reporting agencies. The bureau also ordered the Houston-based company to fix its errors and change its business practices. The CFPB said its investigation found that First Investors furnished inaccurate information about its customers to credit reporting agencies for at least three years. “When First Investors discovered the problem in April 2011, it notified the vendor but did nothing more,” the CFPB said. “The company did not replace the system or take any steps to correct the inaccurate information it had supplied. “It continued for years to use ...
Global Client Solutions, a leading debt-settlement payment processor based in Tulsa, OK, agreed to pay over $6 million in relief to consumers, as well as a $1 million civil penalty, to resolve allegations by the CFPB that the firm helped other companies to collect tens of millions of dollars in illegal upfront fees from consumers. Final settlement is pending federal district court approval. The CFPB accused Global Client Solutions and its two principals, Robert Merrick and Michael Hendrix, of violating the Telemarketing Sales Rule by making it possible for debt-settlement companies to charge consumers illegal upfront fees. The rule prohibits debt-settlement companies from charging consumers advance fees before settling any of their debts. The rule is intended to protect consumers ...
The CFPB remains quite concerned about the risks consumers face from the sustained high volume of mortgage servicing transfers and issued new guidance that highlights what its examiners will pay keen attention to going forward. “The CFPB advises mortgage servicers that its examiners will be carefully reviewing servicers’ compliance with federal consumer financial laws applicable to servicing transfers,” the new guidance stated. These will include Regulation X under the Real Estate Settlement Procedures Act, Regulation Z under the Truth in Lending Act, Regulation V under the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, and the Dodd-Frank Wall Street Reform and Consumer Protection Act’s prohibitions on unfair, deceptive, or abusive acts or practices (UDAAPs). At the top of ...
The study’s findings challenge certain beliefs about FHA lending, namely that high insurance premiums, lender overlays and low credit scores are denying many qualified borrowers access to the program.
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