Bill aims to regulate debt settlement firms, protect consumers
12:00 AM CDT on Monday, April 13, 2009
PAMELA YIP
Debt settlement companies, which have grown by leaps and bounds, are the target of proposed legislation that would set strict rules on how they operate.
These companies typically negotiate with a consumer's creditors to settle debt for less than what's owed. Financially distressed consumers have flocked to them.
But regulators have accused some debt settlement companies of unfair and deceptive practices.
Most recently, Texas Attorney General Greg Abbott sued Credit Solutions of America Inc. in Richardson, accusing it of defrauding Texans by failing to negotiate settlements with its customers' creditors.
Credit Solutions officials said they're committed to customer satisfaction and aim to reach an "acceptable resolution" with Abbott's office.
Regulation of this industry is scarce. Although the Federal Trade Commission held a workshop on debt settlement companies last year, it hasn't proposed a law.
So a nongovernment entity has stepped forward.
The National Conference of Commissioners on Uniform State Laws has put forth the Uniform Debt Management Services Act, which gives states guidance on the regulation of the consumer-debt management industry.
The Chicago-based group's legislation would require debt settlement companies to:
• Register with states. (It also would mandate that each state appoint an agency to administer registration.)
• Give consumers a list of goods and services to be provided and charges for each.
• Tell consumers the fact that defaulting on debts can lead to lower credit scores and increased charges.
The bill would allow debt-settlement companies to charge a set-up fee of no more than $400 or 4 percent of the client's debt, whichever is less, and to charge monthly service fees of no more than $50.
Debt settlement firms also would have to obtain $250,000 of insurance to protect against the risks of "dishonesty, fraud, theft and other misconduct on the part of an employee or agent of the provider."
The proposed law is being sponsored in Texas by state Sen. Kevin Eltife, R-Tyler.
"Particularly in light of this economy, I feel this consumer protection is necessary," he said.
Michael Kerr, legislative director of the commissioners group, said, "Texas is a key state," because many debt settlement companies do business in the state.
In fact, Texas, California and Florida have the highest concentration of debt settlement companies, according to the Association of Settlement Companies, an industry trade group.
"Reports of abuse by debt settlement companies have risen in frequency over the years, particularly against for-profit debt settlement entities," Kerr said. "Because most states do not currently regulate for-profit debt settlement companies, it is difficult to obtain concrete data on fees, success rates, and settlement outcomes."
Debt-settlement industry officials say they support the proposed statute.
"There are companies out there that are not really doing a good job at representing the consumers whom they sign up, and we think that does give the rest of us a black eye," said Wesley K. Young, a member of the executive board of the Association of Settlement Companies. He's also general counsel of American Debt Exchange Inc., a Dallas debt-settlement firm.
The bottom line for consumers? There's no easy way to get out of debt. It takes discipline, sacrifice and a laser-like focus on your goal to be debt-free.
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