Thursday, October 8, 2009

Fraudulent Debt Negotiation Co. in Chicago Get Punished

The debt settlement industry has always been scrutinized for not upholding promises made to consumers who are already struggling. They have always been harassed by the Federal Trade Commission for taking advantage of those in financial strain. And for good reason. Many of these companies are extremely shady and want nothing more than to take your money and run. It seems to be common theme among debt settlement companies.

For this reason, state and federal government agencies are taking back control of the debt settlement industry and placing consumer rights at the fore-front. Illinois Attorney General Lisa Madigan is currently taking charge of the effort in Chicago. According to a Chicago Tribune article, Attorney General Madigan has seen an increase in the amount of complaints that her office receives regarding fraudulent debt settlement companies.

In this case, Debt Solutions of America is under fire for taking their clients’ money and not fulfilling promises to reduce credit card debt by 50 percent! One of the first rules of the debt settlement industry is not to make promises that you cannot keep. To be completely transparent and honest with your client is the best thing that you can do, even if it means not being able to tell your client everything they want to hear.

According to the article, Debt Solutions basically promised to get clients out of debt. With this promise, clients were required to stop payment on any credit cards, and redirect payment to Debt Solutions on a monthly basis. While they were paying monthly debt settlement fees, Debt Solutions did nothing to settle their debt. Many clients were eventually sued by their creditors.

"These charges are outrageous and baseless," the firm said, adding that it has a letter from the state of Illinois "confirming that we are a legitimate business" operating within the law. (Chicago Tribune)

According to ACCORD membership guidelines, a reliable source when it comes to setting debt settlement industry standards, Debt Solutions biggest mistake was its failure to be completely transparent. By telling clients to stop paying on their credit card debt, and not informing them of the possible consequences to their credit score and wallet, they were shuffling around the system. By not informing customers of an estimated time frame, and by not working to meet that time frame, they were changing the debt settlement game to meet their needs.

A respectable debt settlement company will be a member of ACCORD or USOBA. They also will have a great track record and numerous client achievements. In most cases, they will not charge upfront fees. Since the FTC is beginning to really crack down on the industry, if your debt settlement company is still charging upfront fees it will probably have to change soon anyways as the FTC proposes legislation to stop that practice.

In Illinois, Attorney General Madigan isn’t the only one cracking down. Illinois State Treasurer Alexi Giannoulias has proposed new legislation of his own to help keep consumers safe from fraudulent debt settlement companies. According to Giannoulias, many debt settlement companies will tell clients to stop paying their credit cards and instead make that deposit monthly toward the debt settlement. In many of those cases, the debt settlement company promises a settlement worth pennies on the dollar, and yet does not deliver, while the client plunges further and further into credit card debt.

The proposed state legislation would require debt settlement companies to be licensed in the state and the fees they charge would be capped at $50 upfront and $30 per month. Additional fees could only be based on how much consumer the consumer actually saved. Other steps would also require the companies to provide monthly statements and would also bar them from the credit score damaging process of advising people to stop making their regular payments. (Credit.com)

ACCORD members who are a part of The Simple Plan charge absolutely no upfront fees and have no hidden costs. It is a great program that ACCORD is actually working with legislators, politicians, and lobbyists to give some traction to. With The Simple Plan, the fees are based on the amount saved on the debt settlement. This is a wonderful new debt settlement program because it forces the debt negotiators to work hard for their clients’ settlement. The greater savings the debt settlement company gets the client, the more they have to gain. It’s a win-win for everyone involved, and it is completely transparent.

For more information from a respectable debt settlement company who is accredited by ACCORD and USOBA, visit http://ping.fm/3OJwb.

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