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NCO Group to Pay Largest FCRA Civil Penalty to Date

Date: Thu, 01/05/2006 - 11:31

Submitted by LCW
on Thu, 01/05/2006 - 11:31

Posts: 1151 Credits: [Donate]

Total Replies: 24

NCO Group to Pay Largest FCRA Civil Penalty to Date


This is from the FTC websie at:
http://www.ftc.gov/opa/2004/05/ncogroup.htm
Quote:

NCO Group to Pay Largest FCRA Civil Penalty to Date

One of the nations largest debt-collection firms will pay $1.5 million to settle Federal Trade Commission charges that it violated the Fair Credit Reporting Act (FCRA) by reporting inaccurate information about consumer accounts to credit bureaus. The civil penalty against Pennsylvania-based NCO Group, Inc. is the largest civil penalty ever obtained in a FCRA case.

According to the FTCs complaint, defendants NCO Group, Inc.; NCO Financial Systems, Inc.; and NCO Portfolio Management, Inc. violated Section 623(a)(5) of the FCRA, which specifies that any entity that reports information to credit bureaus about a delinquent consumer account that has been placed for collection or written off must report the actual month and year the account first became delinquent. In turn, this date is used by the credit bureaus to measure the maximum seven-year reporting period the FCRA mandates. The provision helps ensure that outdated debts � debts that are beyond this seven-year reporting period � do not appear on a consumers credit report. Violations of this provision of the FCRA are subject to civil penalties of $2,500 per violation.

The FTC charges that NCO reported accounts using later-than-actual delinquency dates. Reporting later-than-actual dates may cause negative information to remain in a consumers credit file beyond the seven-year reporting period permitted by the FCRA for most information. When this occurs, consumers credit scores may be lowered, possibly resulting in their rejection for credit or their having to pay a higher interest rate.

The proposed consent decree orders the defendants to pay civil penalties of $1.5 million and permanently bars them from reporting later-than-actual delinquency dates to credit bureaus in the future. Additionally, NCO is required to implement a program to monitor all complaints received to ensure that reporting errors are corrected quickly. The consent agreement also contains standard record keeping and other requirements to assist the FTC in monitoring the defendants compliance.

The Commission vote to authorize staff to refer the complaint and consent decree to the Department of Justice was 5-0. The Department of Justice filed this matter at the FTCs request in the U.S. District Court for the Eastern District of Pennsylvania on May 12, 2004.

NOTE: The Commission files a complaint when it has �reason to believe� that the law has been or is being violated, and it appears to the Commission that a proceeding is in the public interest. The complaint is not a finding or ruling that the defendant has actually violated the law.

NOTE: This stipulated final order is for settlement purposes only and does not constitute an admission by the defendant of a law violation. A stipulated final order requires approval by the court and has the force of law when signed by the judge.

Copies of the complaint and consent decree are available from the FTCs Web site at http://www.ftc.gov and also from the FTCs Consumer Response Center, Room 130, 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580. The FTC works for the consumer to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint, or to get free information on any of 150 consumer topics, call toll-free, 1-877-FTC-HELP (1 877-382-4357), or use the complaint form at http://www.ftc.gov. The FTC enters Internet, telemarketing, identity theft, and other fraud-related complaints into Consumer Sentinel, a secure, online database available to hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.

MEDIA CONTACT:

Jen Schwartzman
Office of Public Affairs
202-326-2674

STAFF CONTACT:

William Haynes
Division of Financial Practices
202-326-3224

(FTC File No. 992-3012)
(Civil Action No. 04-2041)

(http://www.ftc.gov/opa/2004/05/ncogroup.htm)


Now it is the time of NCO Group to undergo legal surveillance.

These are the results of the complaints filed by the consumers. The big guns are taking actions against such companies slowly but strongly.

The sad part is that there are so many companies like this that are doing unfair business. If one company is penalized, two new companies pop up from the other side. What can be done to change this entire system?


lrhall41

Submitted by david on Thu, 01/05/2006 - 13:23

( Posts: 1229 | Credits: )


My suggestion is to contact your federal law makers. Encourage them to introduce legislation strenghening consumer protection. The credit industry got what they wanted with Bankruptcy Reform (good or bad in hind sight).

Among Needed Improvements:
-Original Creditors subject to fdcpa
-Limitations on the number of times a creditor/collector may call.
--Limit frequency of calls particularly once contact is made. For instacte call once every 7 days after making contact with consumer).
-Prohibit use of Auto Dialers, or require dialers to have their agent on the line when call is connected. (My time is just as valuable as theirs, and I will not wait for a dialer to connect. If you want to talk to me be there when I answer)
-Clarify that collection attempts must cease immideatly upon payment (no excuses like the computer updates once a day, once payment made, calls must stop)
-FTC required to take enforcement action at certain benchmarks (say 100 complaints in a year, etc).
-Raise limits / fine imposed against violators at least ten times.

Any other resonable ideas out there?


lrhall41

Submitted by LCW on Thu, 01/05/2006 - 13:34

( Posts: 1151 | Credits: )


Clay, you have pointed out the things in very accurate shape. But the collection agency or the creditor might object to one or all of them since nothing goes to their favor. And the legislature will make decisions looking on both sides.

Ari, please express your matured views here so that we can understand the requirements from the viewpoint of collection industry also. Later a mail can be forwarded to the federal law makers and express our views.


lrhall41

Submitted by david on Thu, 01/05/2006 - 14:06

( Posts: 1229 | Credits: )


While a letter from a group would certainly be effective, individual contacts (letters, email, phone calls even personal visits to district offices) will have a greater influence.

You are right many of the ideas I have suggested are pie-in-the-sky dreams, however when the (needed) bankruptcy reform law was passed; little or no concern was given to consumers, and there needs to be a leveling of the playing field.

The number of Creditors and Collectors doing what ever they darn well please because no one says anything, and because the FTC won't do anything is getting out of hand. Something needs to be done to address a rapidly growing problem.

Oh, heres is another thought. Prohibit collection of time barred debts all together.


lrhall41

Submitted by LCW on Thu, 01/05/2006 - 15:30

( Posts: 1151 | Credits: )


I just thought of one here:

A debt should be sold only once. Multiple collection agencies purchase a single debt and continue collection efforts. Also, the creditors must authorize that the debt has been legally sold to xxxx collection agency. This way, we will be sure that there will be only one collection agency that will be making the collection efforts.

Clay, you have discussed a very nice topic here. Thanks for bringing such informative threads.


lrhall41

Submitted by ben on Thu, 01/05/2006 - 15:38

( Posts: 2034 | Credits: )


I got one for you. My girlfriend contacted a collection agency (can't remember which one) because it was the last debt on her credit report. It is for a little under 1000 dollars and she wanted it cleared. She told the agency she would start making payments in October...I think they agreed on $70 a month. So he was going to send her something in the mail on where she should send her money or whatever. Which sounds kind of weird because don't collection agency's try to get you to pay big chunks at one time and not do a monthly payment plan?

Anyway..we NEVER got anything in the mail from them. We've been lazy and never called back yet...plus we are having some financial issues after christmas and all so we don't want to pay for a couple months anyway.

But have you ever heard of a collection agency not sending you something to pay money...hmmm little weird.


lrhall41

Submitted by shopaholic5 on Fri, 01/06/2006 - 09:32

( Posts: 281 | Credits: )


Hmmmm, I hear from my own manager at Protocol to NCO is the largest CA in the world. Yet, according to their percentages, they're not doing so hot. Their collections figures are crap and they are bottom-rung in the rankings. I guess the bigger they come, the harder they fall.
They want to stay out of trouble and bring their numbers and approval rating up, the fdcpa all the way, verify ever contact, mini-miranda every contact, and keep an open mind! No more than twice a week at home, and twice a month at work, and keep it between 8am and 9 pm in the respective time zone of the borrower. Above all, watch the language!

They should be ashamed of themselves! Biggest CA worldwide and taking a shallacking from the little guy.


lrhall41

Submitted by Jedi Mistress Ari on Sat, 01/07/2006 - 10:57

( Posts: 2192 | Credits: )


Does anyone know if NCO's number is 1 800 568 0052? They call me at work but never say who they are.


lrhall41

Submitted by anonymous on Wed, 02/01/2006 - 17:16

( Posts: 202330 | Credits: )


NCO has multiple numbers, some are toll free and some appear to be local numbers with actual area codes before them. I'm currently going through issues with them. I'm not saying I'm not wrong, i'm just really poor at this time. I was called a liar multiple times today by a rep that didn't give me his name and was also given info on one day that they said they never gave, a few days later


lrhall41

Submitted by anonymous on Mon, 12/31/2007 - 10:44

( Posts: 202330 | Credits: )


Quote:

Originally Posted by Anonymous
The number I have is 800-569-9633

It is to NCO Financial Systems in Metairie, LA. The General Manager is Janice Prange. The Division Manager is Terri Walters (she's fun!), Supervisors are Chris Dufour and Dwanz Wilkerson. If you call them, be sure to record the call-tell them you are doing it too.


lrhall41

Submitted by anonymous on Sun, 06/27/2010 - 13:53

( Posts: 202330 | Credits: )


Not a big fan of these guys, but this hit them where it hurts.. the money they pursue at any cost to attain.

If you were an attorney who knew the industry, it just seems like you could make a killing off of the settlements from FCRA and FDCPA violations that are just running rampant. Just tell people to start recording their calls and only disclose that to the collector at the very end of the call, so they can record for evidence all the ridiculous things these people say in an attempt to earn a few bucks to buy their next pack of cigarettes, bump of coke, or bottle of liqour. Most collectors just become driven by the negativity and greed that they breed through the constant harassing phone calls, the deception, lies, and playing off people's fears, emotions, and even family members.
---*end rant.


lrhall41

Submitted by OneYear Arbitrator on Sun, 06/27/2010 - 15:01

( Posts: 36 | Credits: )


This is VERY bad advice and could actually lead to someone getting themselves into legal trouble!

DO NOT EVER record a call without announcing at the START of the call that you are doing so--well, at least, dont do that if you are in an all-party state. One-party states do not require you to even mention it, and I record these calls without saying a word. But if your state requires that all parties consent to a recording, anything that you record before you inform them is NOT ADMISSABLE IN COURT anyways. If you were to record a call in an all-party state, and then tell them youre recording, and they say "you dont have my permission to record", then you have just illegally recorded a phone call.


lrhall41

Submitted by skydivr7673 on Sun, 06/27/2010 - 16:13

( Posts: 2036 | Credits: )


Only if you don't hang up afterwords. If you notice, I am not advising anyone to actually do that. It was just an idea, a hypothetical situation and I was not advocating people to do it. I said if you were a lawyer, it seems like you could get cases this way. But I am not, so I didn't know the rule. But there have been plenty of times where I have told a collector the call is being recorded later in the conversation.

I'm sure you could still record calls with them violating, if you are supposed to tell them in the beginning, because alot of them just assume that individuals are saying that but not actually recording the call.

I'm sorry you were concerned about very bad advice as I am not advising anyone, and was just musing.


lrhall41

Submitted by OneYear Arbitrator on Mon, 06/28/2010 - 10:25

( Posts: 36 | Credits: )


Dont quote the law if you dont know it. FDCPA sets guidelines, but its up to the states if they make the rules more strict. Some states they can call you daily, but some they cant. Some states they have 30 seconds to ID who they are and why they are calling. Dont get me wrong, NCO is very illegal. Anytime you speak with somebody get their name, location and call back number, also keep a record of date and time. File complaints with your states AG if they break the law. Get an attorney to file an attorney demand letter. I know you think, "what good is that?" It does lots of good-not only will you get paid, but the COLLECTOR has to pay a portion of the demand. If it hits them in the pocket book maybe they will think twice before breaking the law.


lrhall41

Submitted by anonymous on Tue, 11/09/2010 - 10:29

( Posts: 202330 | Credits: )