Just because a consumer signs on the dotted line doesn't mean you have a valid contract. Consumers are entitled to protection and businesses are supposed to do their homework when drafting a contract. Its not a "legal document" if it's against the law.
There's this little group in Washington called the Federal Trade Commission and they protect us from, well, guys like us.
It disturbed me to find out that lenders still write contracts with illegal clauses like confessions of judgment, wage assignment and pyramiding late payments.
The wage assignment, or "voluntary wage garnishment" issue is in the sights of the FTC now. See their complaint against Big Sky Payday Loans, news release dated 9/12.
Here's a link to the pamphlet the FTC put out. Yes, they wrote a pamphlet for those of us too ADD to read the actual law. Are we following the rules?
http://business.ftc.gov/documents/bus04-complying-credit-practices-rule
The days of the wild wild west are over. Consumers are on to us. Time to take the upper hand and obeying the law is the minimum standard.
See more at my website.
http://business.ftc.gov/documents/bus04-complying-credit-practices-rulehttp://business.ftc.gov/documents/bus04-complying-credit-practices-rule
Thursday, September 29, 2011
Thursday, September 22, 2011
Mediation and 3rd Party Intervention to Diffuse Conflict
Back in the 80's, I was a Better Business Bureau arbitrator. My specialty was automobile Lemon Law cases. Consumers were frustrated with Ford, GM, Chrysler and the State of California required arbitration prior to trial. It was an enlightening experience and good community service to boot.
What did I learn? People lie and companies lie even more. My job as the arbitrator was to cut through the BS and get to a solution that all could agree on. I had authority to award a buyback of the car if the Lemon Law standard was met. That usually wasn't necessary.
Most consumers simply wanted a fair shake. They wanted their complaints acknowledged. The wanted a simple, honest apology and some promise that it wouldn't happen to the next guy. They wanted a reliable car for their money.
Instead sometimes factory reps would cut corners like attempting to buff out paint imperfections instead of fixing them. Or withholding records. Lots of cutting corners rather than fixing problems the first time. It was Detroit at its worst.
The result? Lots of buybacks, lots of negative publicity and consumer ill will. It was just part of why we're driving Camrys, Accords and Hyundais today. Poor treatment of the American consumer comes back to bite you eventually.
The point? We're doing the same thing in the short term lending and collection space. Consumers don't feel they're being heard, that they're being taken advantage of . If we don't resolve our problems in house, well... 10,000 FDCPA lawsuits last year, a new CFPB and countless complaints on online complaint sites. Add to that real regulatory "reform" targeting extinction of short term lending and limitation of collector's ability to contact consumers.
How do we start to fix this? LISTEN. Consumers tell you before they go running to FDCPA attorneys and the Attorney General.
How do I fix this for clients? Actively engaging consumers, diffusing anger, getting back to the business at hand. Getting both sides to agree to a fair, workable payment arrangement on valid debts.
What did I learn? People lie and companies lie even more. My job as the arbitrator was to cut through the BS and get to a solution that all could agree on. I had authority to award a buyback of the car if the Lemon Law standard was met. That usually wasn't necessary.
Most consumers simply wanted a fair shake. They wanted their complaints acknowledged. The wanted a simple, honest apology and some promise that it wouldn't happen to the next guy. They wanted a reliable car for their money.
Instead sometimes factory reps would cut corners like attempting to buff out paint imperfections instead of fixing them. Or withholding records. Lots of cutting corners rather than fixing problems the first time. It was Detroit at its worst.
The result? Lots of buybacks, lots of negative publicity and consumer ill will. It was just part of why we're driving Camrys, Accords and Hyundais today. Poor treatment of the American consumer comes back to bite you eventually.
The point? We're doing the same thing in the short term lending and collection space. Consumers don't feel they're being heard, that they're being taken advantage of . If we don't resolve our problems in house, well... 10,000 FDCPA lawsuits last year, a new CFPB and countless complaints on online complaint sites. Add to that real regulatory "reform" targeting extinction of short term lending and limitation of collector's ability to contact consumers.
How do we start to fix this? LISTEN. Consumers tell you before they go running to FDCPA attorneys and the Attorney General.
How do I fix this for clients? Actively engaging consumers, diffusing anger, getting back to the business at hand. Getting both sides to agree to a fair, workable payment arrangement on valid debts.
Friday, September 16, 2011
The Real Unemployment Number
Doesn't it feel to you that there are a lot more unemployed people than 9%? Well, that's because there are.
Only the officially unemployed are counted in the reported number. Not counted are the long term "discouraged" (benefits have expired) unemployed, closed small businesses, and folks working part time because that's all they can get. Combine those, and according to Shadow Government Stats, we have unemployment over 22%.
Here's a chart courtesy of www.shadowstats.com :
What can we do with this information? We can develop empathy for our fellows and take that $25 payment arrangement for a while. We can reset our employees performance standards to include emphasis on higher volume of payments rather than just commission dollars.
We can be grateful when we're not part of the statistics and resolute in our beliefs when we are. Its going to be a long haul people! Start developing relationships with debtors because you're going to be talking to them a lot.
Only the officially unemployed are counted in the reported number. Not counted are the long term "discouraged" (benefits have expired) unemployed, closed small businesses, and folks working part time because that's all they can get. Combine those, and according to Shadow Government Stats, we have unemployment over 22%.
Here's a chart courtesy of www.shadowstats.com :
What can we do with this information? We can develop empathy for our fellows and take that $25 payment arrangement for a while. We can reset our employees performance standards to include emphasis on higher volume of payments rather than just commission dollars.
We can be grateful when we're not part of the statistics and resolute in our beliefs when we are. Its going to be a long haul people! Start developing relationships with debtors because you're going to be talking to them a lot.
Thursday, September 15, 2011
Reputation Resurrection
When I left the bank to buy a collection agency in 1989, my mother was so disappointed. It was much more impressive to describe her son as a "Vice President of Associates Bank" instead of bill collector!
Thursday, September 1, 2011
Another FTC settlement!
This article is ALL OVER the A/R webisphere. How is this anything like a business plan? Charge consumers $55 for no value and expect the public to not seek justice?
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