Archive for 'Asset Acceptance'

Encore Capital Group Buys Asset Acceptance

Encore Capital Group (NASDAQ: ECPG) recently announced that it will acquire Asset Acceptance Capital Corp. (NASDAQ: AACC), a move that amplifies the mergers-and-acquisition landscape of the debt collection industry. Both Encore Capital Group (which does business as Midland Credit Management) and Asset Acceptance are major players in the debt buying business, and the merger of the two will create a behemoth that, according to an Encore press release, represents the purchase of “over 60 million individual consumer accounts…with a face value of over $130 billion.”

While Asset Acceptance will continue as a subsidiary of Encore Capital Corp., Encore CEO Brandon Black said, “This acquisition moves our industry into a new phase of maturity defined by more efficient companies that are committed to operating ethically and treating consumers with respect.” According to Justia.com, during 2013 Encore has been named as a defendant in a dozen lawsuits alleging violations of the Fair Debt Collection Practices Act, while Asset Acceptance has been named as a defendant in three dozen lawsuits. The Better Business Bureau gives Encore and Asset Acceptance each a B+ rating, and has logged 1190 closed Encore complaints and 903 closed Asset Acceptance complaints within the past three years.

The proposed merger, which has to undergo review by securities regulators, is expected to occur during the second quarter.

Asset Acceptance has been a notorious debt buyer, with a track record of going after consumers for debts that have passed the statute of limitations. Now, the Federal Trade Commission has announced that Asset Acceptance has agreed to pay a $2.5 million civil penalty for their bad behavior.

The FTC alleged that Asset Acceptance had violated the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, and that FTC Act. According to the press release issued by the FTC, the regulatory agency’s complaint charged the debt buyer with:

* Misrepresenting that consumers owed a debt when it could not substantiate its representations;
* Failing to disclose that debts are too old to be legally enforceable or that a partial payment would extend the time a debt could be legally enforceable;
* Providing information to credit reporting agencies, while knowing or having reasonable cause to believe that the information was inaccurate;
* Failing to notify consumers in writing that it provided negative information to a credit reporting agency;
* Failing to conduct a reasonable investigation when it received a notice of dispute from a credit reporting agency;
* Repeatedly calling third parties who do not owe a debt;
* Informing third parties about a debt;
* Using illegal debt-collection practices, including misrepresenting the character, amount, or legal status of a debt; providing inaccurate information to credit reporting agencies; and making false representations to collect a debt; and
* Failing to provide verification of the debt and continuing to attempt to collect a debt when it is disputed by the consumer.

As part of the settlement, Asset Acceptance agreed to a number of other conditions. According to the FTC press release:

The proposed settlement order resolving the agency’s charges also requires that when consumers dispute the accuracy of a debt, Asset Acceptance must investigate the dispute, ensuring that it has a reasonable basis for its claims the consumer owes the debt, before continuing its collection efforts. The proposed order also bars the company from placing debt on consumers’ credit reports without notifying them about the negative report.

Credit Check 1Debt collection trade publication Inside ARM recently pulled the curtain back and gave readers and insider’s look at the state of health care debt collection. The gist of the article is that some of the major players in the debt collection industry (Encore Capital Group, Portfolio Recovery Associates, and Asset Acceptance Capital Corp) jumped on what they thought was a very lucrative bandwagon, only to get burned. The hungry debt buyers found that health care debt was a different animal than, say, credit card debt. The dollar amounts were relatively small, there was scant information about the consumer, and there were far more original creditors. In other words, it’s much more expensive to try and collect a $500 bill incurred at a community hospital in the Midwest than a $5,000 credit card bill from Chase.

Those big players have essentially bowed out of health care debt collection, leaving a host of others to fill the void. Who’s collecting on health care debt these days? Senex, Capio Partners, Master Ventures, MedCLR, SquareTwo, Link Revenue Resources, and others.

creditcardsA New York Times article effectively makes the case that debt buyers’ practices have long mirrored the recent headline-grabbing abusive practices by banks that have been too quick to foreclose on homeowners. The article brings up an important point: why do banks who cut corners with paperwork cause an uproar, while debt buyers who have been cutting corners for years still scurry in the shadows?

The Times shines a light in those dark corners, revealing that an employee at Asset Acceptance said under oath that he had to sign hundreds of legal documents a day that attested to him having reviewed and verified the records of consumers who owed debts. Similarly, a woman who worked for Asta Funding said under oath that she had signed 2,000 affidavits per day declaring that she had validated consumer debts. The Times estimated that her work volume translated to about one affidavit every 13 seconds. Hardly enough time to look up a consumer’s name, much less validate a debt.

As we’ve said on many occasions, achieving success in the debt buying arena is simply a numbers game. Debt buyers purchase written-off debt for pennies on the dollar, and then try and collect from consumers. Sometimes they contact the right people, sometimes they harass the wrong people into paying, and other times they try and collect even when the statute of limitations has run out.

The Times illustrates this numbers game beautifully, citing JPMorgan Chase as an example. Chase was getting ready to sell 23,000 accounts for 13 cents on the dollar. The debt had a face value of $200 million, and Chase expected to get $26 million. Even if the debt buyer collected a quarter of the outstanding debt, he would be able to make close to 100% profit.

The article makes a larger point, which is that the veracity of the data Chase was planning to sell was questionable. Indeed, when an employee brought errors to the attention of her manager, she was urged to ignore them. When the employee went to Chase’s legal counsel, she was fired.

When inaccurate data gets into the hands of debt buyers, they seem to run with it. Debt buyers essentially swear to having verified the debt, when they most often rubber stamp whatever data is on the computer screen. Because debt with greater substantiation is more expensive than debt that just has the consumer’s name, address, and dollar amount, debt buyers really have to dig to validate the debt. And that’s not cost-effective. Instead, they often simply file lawsuits against consumers and obtain default judgments – even if they have the wrong information or the consumer doesn’t realize he or she is being sued.

While some debt collection agencies are seemingly bursting at the seams, others appear to be having contractions. According to an article by the CoStar Group, the Asset Acceptance Capital Corp. debt collection agency is slashing its operating expenses by $2 million per year by closing its 20,000+ square foot call center in Chicago.

The Minneapolis Star Tribune recently compiled a list of the most litigious debt buyers, who raked in over $223 million in court judgments against Minnesotans from 2005 to 2009. The top ten were: Midland Funding, Dakota Bluff Financial, LVNV Funding, Asset Acceptance, Arrow Financial Services, North Star Capital, Unifund CCR, Palisades Collections, Portfolio Recovery Associates, and Credit Acceptance Corp.

We’ve often noted that taking consumers to court is a favorite tactic of debt buyers. They purchase debt for pennies on the dollar, file lawsuits against unwitting consumers, and then obtain judgments. Consumers often don’t know that they’re being sued, don’t know how to properly defend themselves, or don’t think that it matters since they don’t have any assets. The thing is, once you have a judgment against you, a debt collection agency can pop up at some point in the future and garnish your wages. It’s important to stay alert and to defend yourself if you’re sued by a debt collection agency.

Debt Buyers Prey on New Yorkers

It isn’t a surprise that a recent study issued jointly by the Legal Aid Society, Neighborhood Economic Development Advocacy Project, MFY Legal Services, and Urban Justice Center found that debt buyers are abusing the legal system to prey on lower-income New Yorkers.

Debt buyers are companies that purchase debt from original creditors who have written off unpaid balances as “uncollectible.” Debt buyers buy this bad debt for pennies on the dollar, and then turn around and put the squeeze on consumers to pay the full amount.

The report explains that publicly traded companies like Asset Acceptance Capital Corp., Asta Funding, Encore Capital Group, and Portfolio Recovery Associates have to reveal more about their practices than private companies, which the study says number around 500. It notes that debt buyers often don’t have the documentation to back up their claims against consumers, saying, “Debt buyers usually receive an electronic file that includes only a person’s name and social security number, last known address, the amount allegedly owed, the charge-off date, and the date and amount of the last payment. The portfolio does not include documentation of the debt, such as the governing contracts and account statements. This information is insufficient to ensure that the debt buyers collect the correct amount from the correct person. Debt portfolios are regularly sold on an ‘as is’ basis, without consideration for whether collection of the debts in the portfolio is legal.”

In New York, debt buyers are filing an unprecedented number of lawsuits against consumers – disproportionately lower-income consumers – without ever providing people with legally mandated notifications. The result? People never know they’re being sued, so they don’t show up for court. When they don’t show up for court, the judge rules in the debt buyers’ favor and people have their wages garnished, their bank accounts cleaned out, and their credit ruined.

The study found that these “default judgments” happen over 94% of the time, and that 95% of those who have default judgments against them live in low or moderate income neighborhoods. Even more outrageous is that only 1% of consumers in New York City who are sued by debt buyers are represented by an attorney.

Reading the study will make your blood boil, but it’s a crucial first step in putting an end to these predatory practices. You can download a copy of the report at Urban Justice Center.

creditcardsAccording to a report in the Roanoke Times, Asset Acceptance Capital Corp, Access Acceptance LLC, and Genesis Financial Solutions may be trying even sneakier ways to get consumers to pay up. A lawsuit filed against the three companies, which buy old debt for a song and then try and get consumers to pony up, alleges that the debt collection agencies are sending credit card offers to consumers, telling them that if they transfer debt to the credit card, they won’t face collection. The sleight-of-hand comes into play in two ways. First, the fine print says that the debts are subject to collection. Second, consumers who agree to the card may be agreeing to pay debts that are past the statute of limitations or that have been discharged in bankruptcy proceedings.

Many smaller newspapers routinely report on community issues, and publish police logs, fire logs, and even public court records. In perusing the online edition of the East Oregonian, from Portland, Oregon, we ran across a list of court actions taken on Monday, May 1. Click on the link in the previous sentence and scroll down, looking at the “Suits Filed” and “Judgments.” You’ll see that some of the biggest debt collection agencies are filing small town lawsuits against consumers. For this one day, the big dog third-party debt collectors who filed lawsuits included Midland Funding, NCO, and Asset Acceptance. Those that had their day in court and were granted judgments against consumers included Arrow Financial Services, along with (we assume) original creditors American Express, Capital One, and Discover Bank. The judgments ranged from $1,600 to $11,700, PLUS interest, costs, and attorney fees.

This is just one day in one small city in America. It brought into sharp relief just how relentless debt collectors are. More importantly, we couldn’t help but wonder whether the consumers named in those suits, and who now have judgments against them (which can lead to wage garnishment, among other things), even knew about the lawsuits or showed up in court to defend themselves.

All too often, people either avoid opening the mail when the sender is a debt collection agency. When they do open the mail, they often can’t make heads or tails of the legalese contained in some of the letters. As a result, they don’t know that they have to respond to a lawsuit. When they don’t show up in court, the judge has no option but to assume that the debt is valid and rule in favor of the debt collector.

The takeaway is two-fold. First, even though you want to avoid it, it’s important to open the mail. Second, if you’re being sued by a debt collector, it’s important to contact a fair debt attorney who can represent you. If the debt collector has violated the Fair Debt Collection Practices Act or Fair Credit Reporting Act, the judge may throw out the case. Even if you choose not to get legal advice, definitely show up for your day in court. The judge will listen to your side of the story, and perhaps you can avoid paying an enormous debt that includes the debt collection agency’s attorney fees.

Asset Acceptance Target of FTC Investigation

In its first quarter report to shareholders, Asset Acceptance Capital Corp. revealed that it has been the subject of an investigation by the Federal Trade Commission (which is tasked with enforcing the Fair Debt Collection Practices Act) since February 2006, and that it received a letter from the FTC in April saying that its debt collection practices may have violated the FDCPA, the Fair Credit Reporting Act, and the Federal Trade Commission Act. It appears that the FTC is proposing a settlement and fine for the debt collector.

That doesn’t seem to faze Asset Acceptance, however, as the company also reported that during the first quarter it purchased charged-off debts from other companies with a face value of $823.3 million.

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