The Federal Trade Commission has announced new rules taking effect this fall to protect consumers who may be taken advantage of by companies advertising debt relief services that turn out to do more harm than good, a problem that occurs all too often, as we’ve reported.
Starting on Oct. 27, for-profit companies that sell debt relief services over the phone may no longer charge a fee before they settle or reduce a customer’s credit card or other unsecured debt. “This rule will stop companies who offer consumers false promises of reducing credit card debts by half or more in exchange for large, up-front fees. Too many of these companies pick the last dollar out of consumers’ pockets – and far from leaving them better off, push them deeper into debt, even bankruptcy,” said FTC Chairman Jon Leibowitz.
Under the new FTC rules, fees for debt relief services may not be collected until:
- The debt relief service successfully renegotiates, settles, reduces, or otherwise changes the terms of at least one of the consumer’s debts
- There is a written settlement agreement, debt management plan, or other agreement between the consumer and the creditor, and the consumer has agreed to it; and
- The consumer has made at least one payment to the creditor as a result of the agreement negotiated by the debt relief provider
The FTC also is more tightly regulating telemarketing by debit relief companies, with those new rules taking effect even sooner. As of Sept. 27, the FTC will require debt relief companies to provide more disclosure to consumers, prohibit companies from making misrepresentations and extend these protections to cover calls consumers make to these firms themselves in response to debt relief advertising. Whether the new rules will cut down much on the current flood of debt relief TV and radio commercials or direct mail solicitations remains to be seen, but at least companies will be under pressure to be a bit more honest about what they’re offering.—Andrea Rock