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Debt collectors, credit bureaus face oversight

Published: Friday, Feb. 17, 2012 - 12:00 am | Page 7B
Last Modified: Sunday, Feb. 19, 2012 - 12:05 pm

WASHINGTON – The Consumer Financial Protection Bureau wants to place debt collectors and credit bureaus under federal supervision for the first time, after an explosion in complaints about their practices.

The bureau announced a proposed rule Thursday that would make the largest debt collection agencies and credit reporting agencies – including Experian, Equifax and TransUnion – subject to the same oversight process that banks are.

It's the agency's most ambitious proposal since its creation under the controversial 2010 Wall Street Reform and Consumer Protection Act.

"Consumer financial products and services have become more complex over the years," said Richard Cordray, the bureau's director. "This oversight would help restore confidence that the federal government is standing beside the American consumer."

Under the proposal, about 175 debt collection agencies that each hold more than $10 million in annual collection receipts would be subject to bureau oversight. They account for 63 percent of annual debt collection receipts.

About 30 credit reporting agencies with more than $7 million in annual receipts from reporting activities – accounting for nearly 94 percent of industry revenue – would face supervision under the proposal.

Since the Great Recession hit in 2007, federal consumer lawsuits filed under the Fair Debt Collection Practices Act have more than doubled and complaints about problem collectors have skyrocketed. Only identity theft generated more complaints than the 144,000 about debt collectors fielded by the Federal Trade Commission in 2010.

A record 11,811 federal consumer lawsuits were filed last year under the Fair Debt Collection Practices Act, up from 4,372 in 2007.

The lawsuits and complaints about bill collectors allege illegal contacts with consumers, overly aggressive collection agents and mistaken identities of debtors.

Mark Schiffman, public affairs director for ACA International, the Association of Credit and Collection Professionals, said the group would use the rule's 60-day comment period to review the bureau's oversight plan before commenting publicly. He said industry leaders wanted to see how their companies would be affected and make sure the guidelines weren't "overly burdensome."

Schiffman said the increase in complaints and lawsuits against debt collectors reflected not only more consumers facing financial hardship in the economic downturn, but also a small group of attorneys who filed numerous actions.

"It's not an assumption, it's a fact," Schiffman said, adding that some attorneys see the consumer lawsuits as a "cash cow."

An estimated 36 billion individual credit reports are updated each year and 3 billion new reports are issued, according to the Consumer Data Industry Association.

The three largest agencies compile financial information on 200 million Americans. Their reports are used to determine creditworthiness and screen job applicants.

For years, consumers have complained about inaccuracies on their credit reports and difficulty in getting them corrected.

An estimated 79 percent of consumer credit reports have errors such as missing information, false delinquencies and outdated account balances, said Tanya Clay House, director of public policy at the Lawyers' Committee for Civil Rights Under Law.

Gerry Tschopp, a spokesman for Experian, said in an email that his firm had been working with the Consumer Financial Protection Bureau since its creation and would meet "consumers' and clients' needs within regulatory guidelines, while continuing to move our business forward."

© Copyright The Sacramento Bee. All rights reserved.


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