Posts Tagged ‘debt collection agencies’

Two Top Prosecutors Go After Debt Collection Agencies

Saturday, April 24th, 2010

In recent news it was revealed that top legal prosecutors in Louisiana and Washington made announcements of actions they had taken against accounts receivable management firms and their owners and managers.

Louisiana’s attorney general James Caldwell announced on Friday that his office had gotten a hold of injunctions against two collection agencies and their owners. On the same day, Rob McKenna, Washington’s Attorney General said that his office had settled charges with a collection company that had promised to stay on the straightened arrow. In a press release, Caldwell’s office said that in late December they had obtained an injunction against Bush and Kennedy, Inc, a Baton Rouge based collection agency. The order he won placed restrictions on the business, banning them from operating further, and specifically, ordered that two of the firm’s principals, Quay W. Pattott Jr, and William S. Fesguson were banned from conducting business together.

Late last week, a judge slammed Ferguson and Parrott with added injunctions as per the request of Caldwell’s office. Ferguson is banned from using unfair and deceptive practices and acts at his current place of business, Franklin, Grant and Associates Incorporated, a collection company based out of Metairie Louisiana. Parrott is completely restricted against conducting any new business at his new place of work, Metairie based Halsey and Associates, LLC.

In Washington, McKenna’s office stated that Topco Financial Services Inc, a Washington based collection company agreed not to harass, curse out, or threaten consumers as part of a settlement. The collection company must pay around $38,000 in legal fees and penalties. An additional $82,000 in fees and penalties were suspended pending that the company agrees with the settlement terms.

In accordance with their agreement, Topco is prohibited from harassing, intimidating, threatening and embarrassing debtors, including using profanity. They are restricted from implying that failure to pay a delinquent bill will result in suspension, a revocation, or impairment of the debtor’s driver’s license. They are banned from threatening debtors with impairment of their credit rating. However, the company is allowed to legally report debts to credit reporting agencies.

Mallory Megan works for a debt collection agency. Also she writes articles on business and finance, consumer spending and collection agencies. Grab a totally unique version of this article from the Uber Article Directory

Collection Industry Strives For Change

Saturday, April 17th, 2010

Much like every other profession, the collections business has become even more trying as the economy takes a fall, while the rate of unemployment rises. With the advent of more and more unpaid bills, the collections industry may very well be booming. However logic dictates that with unemployment, and an awful economy more and more people in debt will be unable to pay. These days, if a collector is able to recoup anything, they will usually have to accept longer periods of time and smaller payments.

Collection Agencies like Rapid Recovery Solution believe that most people want to pay their bills; it’s just that they need a bit of assistance. John Monderine’s callers are standing by to deliver this help. With a relaxed environment and thoroughly trained callers, they strive to work with the debtor to come up with a payment plan.

Bad, untrustworthy collection agencies do make things harder for the ethical ones. There is an industry-wide effort to turn around collectors’ image. Working with a commission based, tough business, being cooped up in a cubicle all day and making three hundred words a day can be very difficult. Yet it has been documented that forty billion dollars are pumped back into the economy.

Technology that is available is able to make the work more efficient. Using “predictive dialers,” which is the same technology that let telemarketers figure out when people are more prone to answer the phone. The industry also now uses skip tracing. This system allows a caller to locate debtors who may not want to be located. This system allows the agency to make a financial profile of each debtor, and that will aid collectors in determining the probability of a consumer to pay.

Despite the fact that consumers continue to complain about debt collectors, and the complaints have reached an all time high, the industry is striving to reinvent their image. So next time a debt collector calls, try picking up the phone. You very well might be surprised.

Mallory Megan works for a debt collection agency. She also writes articles on business, finance, the credit industry and collection agencies. Get a totally unique version of this article from our article submission service

Everything You Need To Know About Credit Reports

Monday, April 12th, 2010

Your credit score is like your criminal record. Both follow you around for a very long time, and both are supposed reflections of the person you are. Only you and perhaps your lawyer know your criminal record. But your credit score can be pulled when you apply for a credit card, or go to get a new car, or even try to move in to a new place.

For those not in the know, your credit score is based upon a number system between 300 and 850. A secret formula (OK a mathematical algorithm) will determine what your number will be. Creditors and experts both claim that your credit score is said to be a really accurate prediction of how likely you are to pay off your bills.

Your credit score is very important. If you currently have a credit card, the creditor will probably look at your credit score to decide whether to lower your credit limit, or give you a higher interest rate. Those lucky people with the highest scores will have the lowest rates.

But don’t panic yet if you have a low credit score; there are tactics that you can use to improve your situation. Most importantly, try to pay your bills on time. Paying late or even worse, allowing a negative account to go to collection can have a negative impact on your credit score. It logically follows that the longer you pay your bills on time the better your credit score will be.

Attempt to pay off debt rather than move it around. It’s just the best way to improve your credit score. Don’t close credit cards you have not used. Closing is going to close the gap between the amount of credit you are using, and the whole amount available. If you have a lot of credit, and only use a little, its a good thing.

And for the love of God, do not open new accounts. New accounts are just not helpful in credit scoring because they will make your average account age lower. Which leads me to my final point. Longevity. Try to maintain your oldest accounts. Longevity has a lot of clout on credit reports, so the oldest account you have is the most available.

Mallory McGuinness works for a debt collection company. She also writes articles on business, finance, the credit industry and collection agencies. This and other unique content ‘bad debt collection agency’ articles are available with free reprint rights.

3 Main Points To Consider When Hiring A Debt Collection Agency

Monday, March 29th, 2010

To operate a organization profitably, every owner has to stay on top of their receivables and check their cash flow. Whether you promote a product or offer a service, you probably have to deal with late-paying or none-paying customers from time to time. That means that you have to have a sound, consistent internal debt recovery policy in place. Part of your policy should include knowing when to contract out problem accounts to a debt collection agency.

One principal reason this is valid is because your delinquent accounts continue to decrease in value, at a rate of 15% per month. And the longer an account goes delinquent, the more challenging AND expensive it is to collect. In addition to spending more time, money and resources going after these depreciating accounts, its also costing your organization in lost opportunity dollars, by taking you away from your core revenue-generating operations. It is far more cost effective and efficient to outsource these tricky accounts to a unbiased third party debt collection agency.

Below are three significant tips to think about when hiring a debt collection agency.

When hiring a debt collection agency, you need to make sure they are licensed in the state(s) where your debtors are located. As collection laws can vary greatly by state, its to your advantage to look at collection agencies that are qualified nationwide. Because we live in such a mobile society, and with people moving across state lines frequently, its better to know a debt collection agency that is accredited in all states are familiar with all the various laws and regulations. In fact, collection agencies can only collect in the states they hold a license in.

Fee structures can differ greatly with different collection agencies. Some propose prepaid, flat fee arrangements, as others cost a percentage of any monies collected, normally with no upfront costs necessary. Still others can propose some combination of the two. Depending on your organization, there are advantages to either situation. Even though there are upfront costs with flat fee based debt collection agencies, you can save a lot of money in the long run, since the collection costs tend to be a tiny proportion of the total dollars collected.

Because your costs are unchanging, you can also turn over difficult accounts quicker, when there’s a greater probability for recovering your money. Again, the longer you procrastinate, the more difficult it is to collect.

Still, many organizations opt to give up a percentage of whatever might be collected to preclude the upfront dollar costs. Be sure to compare rates though: a debt collection agency can charge anywhere from 20-50% in contingency fees. One thing to keep in mind though: while you might be inclined to seek out the lowest fees, you should also know that if the fees are very low, it can mean the debt collection agency has inadequate staff, time and resources that they will dedicate to collecting your accounts. Although percentage fees charged are significant, success in total recovery is far more principal to your business bottom line. Whichever option you choose, make sure the debt collection agency you’re considering spells out their fee structure clearly in writing.

Finally, when considering a debt collection agency, you need to think of them as an extension of your organization. Given that they will be collecting your money and acting on your behalf, its main that they mirror your establishment’s viewpoint. For example, if you run a medical practice, your reputation in the community is something you attach importance to. You wouldn’t want to affiliate with a debt collection agency known to engage in ruthless, hostile and/or inhumane behavior when handling patient collections. At the same time, you want a collection agency that while diplomatic, they are resolved, uniform and constant in their collections activity.

David P. Montana has published extensively and served as a business adviser in debt collection agencies services for thirty years. David offers more helpful tips and information about choosing the right collection agency.

What does a Collection Company do?

Thursday, March 11th, 2010

What is a collection company?

There are two possibilities.

Some creditors will try to deceive a debtor by using a DBA’ed company name, address, and telephone number for their internal collection department. They want to give the impression of an “outside” agency hoping the debtor will take it more seriously. This strategy is generally only used when the debt is not older than six months old.

However, the most successful collection activity is performed by an outside third-party collection company. Separate from the original creditors or 1st party they are able to work debts on behalf of all lenders. They, from time to time also buy bad account which have been designated as charge-offs by the original creditor.

This FAQ focuses on third-party collection companies.

How do they earn money?

Third-party collection companies often work on commission, where they receive a percentage of the amount that they collect. Individual collectors are often paid a low base wage plus commissions based on their personal performance.

Many collection companies purchase substantial debt portfolios of charged-off accounts for a fraction of the total face amount (total amount outstanding) After a portfolio is sold off, the debtors now owe the entire amount to the purchasing company. The probability of collecting money decreases substantially over time, an agency might only pay 1% – 5% of face value. The agencies’ profits come from the difference between the purchase price and the amounts that are hopefully collected.

How does the collection company work?

The main tools of a collection company are dunning notices and phone calls.

What are the letters like?

The letters are computer-generated, and are often in a standardized series which starts with a friendly, “reminder” tone, and may progress to ultimatums. The letters are pre-written and sent to many debtors; they are not personal.

The 1st demand letter must state that the recipient has the right to dispute the validity of the debt or request verification of the debt (in writing). By law the agency must send some confirmation after verifying it with the original creditor. Demand letters must also contain the statement that they come from a debt collector, and that any information obtained will be used for the purpose of collecting the debt. Collectors are forbidden to print anything on the outside of the envelope which may indicate or suggest that this is a collection attempt. The return address label must also be discreet, so many companies will just use their company’s initials, or some other nondescript name.

The debtor’s reaction to the notice will affect which additional notices the company will select from its library. Cooperation (e.g. making payment arrangements and/or partial payments) may result in letters with a gentler tone. Shifty or unfavorable reactions from the debtor may result in a more threatening tone.

Collectors try to create a sense of urgency, in order to collect within the shortest amount of time, and to encourage the debtor to prioritize that particular obligation. Deadlines may be set, such as, Pay this amount within ten days. There may also be threats, such as, …Or we will proceed to further collection action. But most of the time, if a debtor fails to meet the deadline, all that will happen is that yet another form letter will arrive, making the same basic demand. The & further collection action usually just means more form letters.

Collection letters will always encourage the debtor to call the collection company on the phone. If the debtor doesn’t call, then a collector will often call the debtor.

What are the phone calls like?

Individual telephone collectors may be assigned a group of accounts, and spend their entire workday, every day, calling them. Their enthusiasm is fueled by frequent performance evaluations and personal commission payments. The size of a collector’s own paycheck is dependent upon how much money s/he extracts from debtors. Between that factor, and the relentless confrontations, this is a very high-stress job, with high employee turnover.

If a debt collector calls and reaches someone other than the debtor (e.g. a friend), s/he is legally prohibited from disclosing That this is an attempt to collect a debt. Every state is different but this may or may not include the debtor’s spouse. If the collector reaches an answering machine or voice mail, s/he will often leave a FDCPA approved message, but is prohibited from giving details for the call, since someone besides the debtor might hear it. The basic message goes something like, “I am calling for Jane Doe. It is very important that you call me back. My name is JR Rooney, and my number is 1-631-776-8109.” S/he will typically sound rather unemotional and stiff. Collection companies may be required to provide a phone number which is free for the debtor to call. They also may attach their toll free numbers to caller ID equipment which instantly identifies and logs the phone number the debtor is calling from, in order to call the debtor at that number at a later date.

When speaking with a debtor, many collectors (especially those without much experience) will use a script, which contains a pre-written introduction, request for payment, and has various branches to follow, depending on how the debtor responds. If a particular debtor is taking up too much time, without making arrangements to pay, the collector will be inclined to move on to other accounts.

Any information obtained will be used for collection purposes. If the debtor gives information about his/her financial situation (e.g. income or current employment, etc.) it will be recorded on the debtors permanent record and used to estimate the probability of a successful collection and/or the advantage of legal action, and so forth.

But what can the collection company actually do?

If they are working the debt on a contingent bases, they can send some more dunning letters and make some more scripted phone calls.

They can also mark the item as negative with the credit bureaus. If they are working on contingency, they can recommend filing suit, or if they own the account, they can file suit. However, the actual chances or intentions of this are often significantly less than they try to suggest to the debtor.

Collection companies can not legally seize a debtor’s assets, bank accounts, or garnish wages unless there has already been a successful lawsuit with a judgment awarded in there favor.

Collection companies can not legally make any kind of public announcements or disclosures concerning the debt, except to the credit bureaus.

Collection companies can not legally get a debtor fired from his/her job.

Collection companies can not legally engage in any type of physical violence or threats thereof.

Why do debtors pay?

Often, the reasons include anxiety, guilty conscience, persuasion, and a lack of education of the legal situation. Plus it is the right thing to do.

The debtor may feel guilty and ashamed of being a “deadbeat,” and may perceive a judgment of his/her value as a person.

The debtor may have greatly exaggerated ideas about what collectors are (legally) capable of doing, and may have outdated stereotypes in mind.

The debtor may be overwhelmed by the aggressive and relentless demands, from companies that may seem so powerful. S/he may take it personally, and assume that great individual attention is being given to this particular collection file.

Consumers being contacted by collection companies are typically in serious financial difficulty, and under emotional stress about the general situation, so they may be confused and vulnerable.

Most debtors aren’t aware of their legal rights, and feel trapped.

There are two main things that a collection company can actually do that a debtor should be concerned about. These involve damage to credit reports, and the smaller possibility of a lawsuit.

What about credit reports?

Third-party collection companies may report a debt to one or more of the credit bureaus, as a “Collection Account,” including the amount, and whether it was paid or not. Paying off a collection account will not result in the item being removed from the consumer’s credit reports – it will simply be marked “Paid.” Agencies can report both debts that they have bought, and also debts that they are working on behalf of the actual creditor.

Also, a collection company could request a debtor’s credit information, in order to get an idea of his/her general financial situation, and to get an updated address and phone number.

How long do collection accounts last?

Collection accounts are subject to the normal 7 year time limit for appearing on a credit report. As specified in Section 605 of the Fair Credit Reporting Act, this time limit is based on the date of the original delinquency.

What is the probability that the collection company will file suit?

If the debt still belongs to the original creditor, a 3rd party collection company cannot file a lawsuit. But if the balance is large enough and the debtor is being resistant and if there are indications that the debtor has vulnerable assets, the agency may send the account back to the creditor with a recommendation to file suit. Every creditor has its own criteria for the final decision; for example, the amount must be substantial (often $1500 or more, at the very least.)

Collection companies want to avoid sending too many accounts back, since it suggests that they aren’t very good at collecting. Letters and telephone calls are much less expensive than going to court.

If an agency has bought a debt, then they have the ability to sue, but by that time, the debt is likely to be rather old, and the agency doesn’t have much invested in it.

Fear and intimidation are a collectors cheapest tools, since those things can work much more quickly, cheaply, and efficiently than filing suit.

Suit is certainly brought against plenty of debtors, but not nearly as often as debtors fear. There is a big difference between, “Pay up or we will continue with collection action,” compared to an actual Summons And Complaint.

If the debt is substantial and recent, and the debtor appears to be a good target (e.g. reasonable assets or income), a lawsuit is a real possibility. If you are served with legal documents specifying a particular court, hearing date, etc., you should see a qualified attorney immediately. That area is beyond the scope of this FAQ.

How are collection companies regulated?

The most important law is the Fair Debt Collection Practices Act (FDCPA), which places many restrictions on collection activities. The FDCPA only covers third-party collection companies, not original creditors.

All the states have applicable laws regarding such things as telephone harassment.

Who enforces the FDCPA?

The Federal Trade Commission oversees the collections industry, and has the authority to impose fines or other penalties for violations. However, the FTC does not get involved with individual consumers’ cases. They accept a large number of complaints, and look for patterns of violations which could then lead to action against a particular collection company.

What if a collection company has bought the debt?

The collection company then becomes the creditor for most purposes. The debtor will not be able to make any payments to the original creditor. The agency might be technically able to file a lawsuit against the debtor, (although this is not likely.)

However, the Federal Trade Commission has issued a Staff Opinion Letter which indicates that, even if a collection company has purchased a debt, it is still covered under the Fair Debt Collection Practices Act as a “third-party debt collector.”

What about the relevant time limits?

The debt does not become some kind of “new” debt just because it was sold. For example, the 7 year credit reporting time limit is still based on the original delinquency date with the original creditor. The statute of limitations for filing lawsuits is also based on that same date. These limits can not be legitimately “reset” by a collection company that has bought the debt.

However, the statute of limitations may possibly be reset if the debtor makes a specific promise to pay, or a partial payment.

Can the collection company do anything after the time limits are up?

Yes. The statute of limitations only covers the filing of lawsuits, and the credit reporting time limit only covers bureau listings. There is no time limit on letters and phone calls.

A collection company that has purchased a bundle of “out-of-statute” debts (where the SOL has already expired, or “run”) is hoping that, either the debtors will feel guilty, or that they won’t be aware of that “out-of-statute” status. But if a particular debtor makes it clear that s/he understands the legal situation, then the collectors are likely to give up and move on to easier targets.

Can collectors call the debtor’s place of employment?

Yes, but there are limitations. For example, they can not legally tell your employer about the debt, or try to have you fired.

Is there any way to make them stop calling?

Yes. According to section 805 of the Fair Debt Collection Practices Act:

“(c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except –

(1) to advise the consumer that the debt collector’s further efforts are being terminated;

(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

If such notice from the consumer is made by mail, notification shall be complete upon receipt.”

So the consumer can just send a third-party collection company a written notice (preferably citing the FDCPA), ordering them to stop the collection letters and calls, and the agency is legally obligated to comply. The only permissible contact thereafter is to notify the debtor of specific “remedies,” like legal action, but usually the collectors won’t even bother.

If the creditor hasn’t yet made a decision on whether or not to file a lawsuit, then that decision may be made at this point, rather than being delayed.

After a “cease and desist” notice from the consumer, the debt may then be returned to the original creditor, passed on to another third-party agency, or simply filed away, depending on the circumstances. The agency may still report the account to the credit bureaus.

Mallory McGuinness works for a collections agency that works with a debt collection lawyer. She also composes stories on business and finance, the credit industry and collections agencies. Visit the Uber Article Directory to get a totally unique version of this article for reprint.

Important Reasons To Consider Debt Collection Agencies For Your Business

Tuesday, February 23rd, 2010

Collecting debt is one of those tasks that most managers and business owners cringe when they think about. If you\’re trying to decide whether or not to hire debt collection agencies to take care of it, there\’s no time like the present. Following is a discussion of the many reasons debt collection agencies can help you and an explanation of what exactly they do.

Debt collection agencies most frequently are companies whose business is collecting debt owed to others. Some of these companies are mainly call centers that get hired by other companies to call on their delinquent accounts in exchange for a monthly fee or, more frequently, for a percentage of any of the money that\’s recovered.

Law firms that file judgments on past due debts and companies that \”purchase\” debt, which means they pay the creditor some percentage of what\’s owed to them and then go after the debtor themselves with the right to keep what they collect, are also types of debt collection agencies. Keep in mind that no matter what type you use, they all must comply with federal law as well as state law in whichever states in which they operate.

There are many benefits to using debt collection agencies rather than trying to collect on your own debts. The first is that they\’re skilled in the most current collections practices, which go beyond reminder notices and persistent phone calls. They\’re also aware of the federal and state laws they\’re required to operate under, which means no inadvertent lawbreaking that can ruin your collections attempts.

In addition, successful collection activity includes such arduous tasks as negotiating settlements, private investigation and pursing judgments when debtors just refuse to pay. Most companies don\’t know how to perform all of these tasks, which is the main reason they hire debt collection agencies.

If you do your own collecting, you\’ll have to pay for private investigative services and for attorney\’s fees for pursuing judgments. In addition, studies have shown that debtors take calls and letters from debt collection agencies more seriously than calls from the original creditor. They see the step of moving to an agency as a more serious delinquency and are more motivated to clear up the problem.

You shouldn\’t have to outlay money for a collection agency, because most of them will take money out of whatever they recover for their fees. An agency is much more likely to recover money than you are statistically, and some of them boast recovery rates of as high as 65-75%, so you\’ll get more return even after subtracting their fees.

On the other hand, if your cash flow is poor and it\’s better for you to get money immediately rather than collect more money over time, a good option is to give your delinquent accounts to an agency that pays you for them up front in return for the remainder of the collections. If not, regular debt collection agencies give you more money in the long run. Both types of debt collection agencies will get you more money than you can on your own, save you time and reduce stress. Regardless of which type of debt collection agencies you decide to hire, they will save you time, money and stress in the end.

David P. Montana has published widely and served as a commercial consultant in collection agencies services for three decades. David offers more helpful tips and resources about debt collection agencies.

A Text Message From The Debt Collection Agency?

Wednesday, February 3rd, 2010

There is no denying that text messaging is becoming a major medium for exchanging data. Fast, painless, no speaking on the phone. No wonder that according to the latest statistics that are available there were almost 750 billion text messages sent in the U.S. in 2009, nearly double the number from one year before. Actually, technology and research firm executive Jacob D. Almeida recently predicted that money transfers will be the number one mobile application by 2012.

Debt collectors have stayed out of this field for now; The Fair Debt Collection Practices Act was a landmark legislation that went into effect in the late 1970s and has strictly outlined how debt collectors can call and when. Seeing as this act is even older than a stereotypical \”Saved by the Bell Cell phone\” from the 90s, it might be due time to adjust the law. But analysts are saying that any change in this area would have to come from consumers seeking change, not collectors.

Under the FDCPA, communications with consumers require a notice that the text is in fact from a debt collector, which leads to issues with the 160 character maximum length of money transferring messages. Another hurdle is determining who will pay the message. There is no current way for a collection agency to know if a consumer has a plan that includes unlimited text messages; the kicker being that if a contact is paid for by the debtor, it is illegal.

Another potential issue for debt collection agencies is determining the ownership of the device itself. For Example, the debtor might be using a company owned wireless device. Said company may be monitoring the usage of the device, leading to third party disclosure issues if there were communications based in text about a debt.

Unfortunately, Congress has yet to vote on health care, the budget, cap and trade and a number of other issues first before it can get down and tackle this text message issue. So time will tell.

Mallory McGuinness-Hickey works for a debt collection company. She also writes articles on consumer spending, the credit industry and debt collection.

Junk Mail May Ruin Your Credit

Saturday, January 30th, 2010

Junk mail. Nobody likes it. Oftentimes, people will take a glance at the envelope then throw it in the garbage. But it\’s crucial to give each letter a thorough look-through. Some credit card issuers are sending cardholders statements in plain, unmarked white envelopes that look like a solicitation, or junk.

While statements incognito can reduce the chances that your credit card bill will be stolen from your mailbox by an identity thief, analysts say that consumers should be concerned about the statements that are unmarked. If you throw out a credit statement without looking at it, it can lead to large credit troubles.

The reason why credit card issuers have changed the look of the statements is because delinquencies at credit card companies are increasing more and more every day. Because of this, issuers are outsourcing more of their jobs to call centers and agencies. Third party agencies are prevented from a lot of techniques that the original creditors could have done. To avoid potential lawsuits and violation of law, agencies are now sending out statements using plain white envelopes.

Because the fact that payment history is responsible for about thirty five percent of your credit score, one missed payment from the mistake of throwing the white envelope away can be costly.

To keep unmarked bills from ruining your credit score, choose a way to receive statements that is safer then the post office. Go on the internet and track your statements there. Always open all of your mail, even if you feel that it may be junk. Come up with a list of your monthly expenses and all of your accounts. Include due dates for bills in this list.

In a recession it is key that debtors protect their finances and do their best to keep a good credit score. Taking these easy measures could do a world of good.

Mallory McGuinness-Hickeyis employed by a debt collection company. Also, she writes articles about consumer spending, business, finance, and debt collection. This and other unique content \’credit collection company\’ articles are available with free reprint rights.

What Consumers Should Know About The New CARD Act

Saturday, January 30th, 2010

There have been recent changes in the credit industry due to the new credit card bill that takes effect in February. It will have huge ramifications for both issuers and cardholders. Restrictions on rate increases, fees and increased disclosure requirements will bring about many changes for issuers. Every borrower should learn about the crucial stipulations in the law and the loopholes.

While the new rules will heavily restrict retroactive rate increases, they will not put an end to all negative changes to card accounts. Even consumers with high credit scores may be affected by negative adjustments.

The best way for a consumer to maintain an adequate credit score and keep account provisions intact is to be on the defense. This includes paying on time, not closing accounts unless its necessary and keeping balances low.

A decrease in your outstanding balance will help to protect you against unwanted changes to your account, improve your credit score, and most importantly saves you money. This is because a lower balance could help protect your credit score against credit limit reductions. If your credit limits decrease, and your debt doesn’t decrease, your credit score may drop. According to the CARD Act, issuers have to give you the option to opt out of a considerably large change in terms.

In these situations, issuers have to send out a notice that is 45 days in advance at the least from the effective date. The purpose of this is to give you time to decide if you want to reject the proposed change.

It is key that you check your credit score frequently; this is based on your credit report. Mistakes such as collection accounts or delinquencies will lower your score. This is why it is imperative to check on your credit reports at the three major credit reporting agencies on a regular basis. You can do this free of charge.

Any drastic change in law that could affect your financial situation is a big deal. Consumers should educate themselves as much as possible to protect their credit report and finances.

Mallory Megan works for a debt collection company. Also she composes articles on business and finance, consumer spending and collection agencies. You can get a unique content version of this article from the Uber Article Directory.

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