The
Consumer Financial Protection Bureau is in charge of overseeing banking
practices so that consumers are protected from abusive tactics. It was created in 2010 as one of the parts of
the 2010 Consumer Protection Act, and while most people will agree that the
consumer must be protected against abuses it needs to be asked if the bureau is
actually overreaching in an attempt to audit collection agencies.
Last
January 2013, CFPB declared that any party with greater than $10 million in
annual revenue from consumer debt collection activities will be subject to the
Bureau's audit. The 3 major categories of debt collection included under the
rule are: (1) firms that buy defaulted
debt and collect the proceeds for themselves; (2) firms that charge fees for collecting
defaulted debt owned by another company; and (3) debt collection attorneys that
collect through litigation. This is the
first time that the federal government will supervise collection
attorneys. Because of this, the CFPB
will start overseeing about 175 debt collection agencies, representing more
than half of the debt collection industry's annual receipts.
Why
Collection Firms Are Targeted
Collection
agencies and firms seem to be targeted a lot more because it is up to consumers
to complain about practices. Since no
one likes to be called about a payment (even when they know they owe the money),
it is more likely that they will complain to the Consumer Financial Protection
Bureau. That means that the more
complaints, even when they are not justified, make it more likely that a firm
will be paid closer attention to.
Is It
Fair?
While there are some collection agencies which have made mistakes and in some
cases even overstep the things they can and cannot do, most firms are
responsible in their practices. Collection
firm owners and workers will be happy to see an abusive firm go off the market,
but unfortunately a lot of the good players in the industry are also suffering
the consequences. Some will be happy to
make the industry look bad which means the firms have to pay a fine plus legal
fees even when the complaint seems to be a little unjustified.
What
Firms Can Do
The
one thing that the best firms have been doing is to ensure that their personnel
have the latest in training so that they can stay updated with the latest
changes in the industry. The bureau can
propose changes in the laws at any time and if adopted the firm must comply
from day one.