Posts Tagged ‘debt relief’

The Federal Trade Commission filed a complaint with U.S. District Court alleging that Christopher Mallett has engaged in deceptive practices online, targeting debt-ridden consumers. The complaint outlines Mallett’s alleged misdeeds, which include violations of the Federal Trade Commission Act.

According to the FTC, Mallett:

  • Impersonated federal consumer protection agencies on multiple websites.
  • Falsely claimed that he and his websites were affiliated with federal consumer protection agencies.
  • Invented a consumer protection agency that does not actually exist (the Department of Consumer Services Protection Commission).

The FTC claims that Mallett attempted to attract debt-ridden consumers to his site and redirect them to affiliate sites that provided relief for mortgages, debts, and taxes. None of these sites had any actual affiliation with the federal government, and all reportedly charged customers for their services.

If proven, these actions would violate the Telemarketing Sales Rule and the Mortgage Assistance Relief Services Rule, which outline how online services and mortgage assistance can be advertised and sold.

Plagiarism of FTC Words & Symbols

In addition to Mallett’s alleged fraudulent affiliation claims, the FTC charges that he improperly used the FTC’s official seal and closely copied language from the FTC’s web site on his own web pages. Mallett’s companies and web sites reportedly include:

  • U.S. Debt Care
  • World Law Debt
  • U.S. Mortgage Relief Counsel
  • gov-usdebtreform.net
  • worldlawdebt.org
  • FHA-homeloan.info

Because of the close matches between official government logos and language and that on Mallett’s sites, he may also face charges of impersonating government agencies.

Unsubstantiated Debt Settlement Claims

In addition to his false claims of government affiliation, Mallett reportedly made unsubstantiated claims about how his services could benefit consumers. The FTC notes that Mallett promised substantial reduction in consumer debts, even going so far as to publish charts showing previous customers’ “success” in lowering their debts.

Mortgage & Debt Relief Scams

The FTC is bringing the complaint as part of its efforts to eliminate scams that prey on consumers who are struggling with mortgage-related debt and other types of consumer debt. These types of scams can be particularly malicious because unsuspecting consumers may spend money they can barely afford for what they believe is a service that will help them turn their finances around.

When they learn that the service was nothing more than a scam, they often suffer a double blow of having lost money and having lost a chance at getting significant help toward improving their financial situation.

In some cases, consumers turn to such services to avoid filing for bankruptcy; ironically, spending money on such scams may push these consumers over the edge financially, leaving them with few choices besides personal bankruptcy.

If you’re struggling with debt and looking for a way to improve your finances, there’s good news on the horizon: beginning Monday, September 27, new rules issued by the Federal Trade Commission prevent advertisers from deceiving potential customers about their ability to offer financial relief.

Here are some of the new protections the FTC’s latest consumer protection rule outlines.

More Honest Disclosures

While bankruptcy is a well-known debt relief option, many consumers try to avoid filing for bankruptcy by opting for debt settlement or credit counseling. While both options work well in many instances, in some cases, dishonest companies pitch too-good-to-be-true offers and consumers end up with more debt than they had before.

Now, advertisers will have to:

  • Announce proposed fees & refund policies No longer will companies be able to get away with advertising how low a price might be (“as little as…”). Now, advertisers will have to base their proposed fees on actual results they can realistically expect to get from a person’s creditors.
  • Estimate likely time frame: After consulting with a customer, debt-settlement companies must offer a good-faith estimate about the likely length of time the process will take, based on a debtor’s individual circumstances.
  • Estimate savings required to settle debts: As with the other new requirements, companies must make estimate how much money an individual customer must save before he has a realistic chance of settling debts based on that customer’s individual circumstances.
  • Disclose potential negative side effects: Rather than glossing over the downsides of debt settlement, companies are now required to review with customers the potential negative impact on their credit reports, the chance that creditors will bring lawsuits against them and any potential tax consequences.

More Honest Advertising

In addition to the above requirements, debt settlement firms are now required to advertise likely savings based on all their clients, not only the most successful ones. Theoretically, this should give potential customers a more realistic picture of how much debt settlement could actually help their finances.

Debt Settlement Vs. Bankruptcy

While there is no one-size-fits-all debt relief option, bankruptcy protection does have some obvious advantages over debt settlement and some other bankruptcy alternatives, which include:

  • Legal protection from creditors: Because bankruptcy functions as part of the federal government, those who file for bankruptcy are legally protected from creditor contact once they file their cases.
  • Federally and state regulated processes: While anyone can start a debt settlement firm, regardless of qualifications, bankruptcy attorneys and judges must meet very specific requirements, so you won’t have to question the background of the people you’re working with.
  • Federally regulated costs: The fees associated with filing for bankruptcy are set by federal laws, so you know you aren’t getting ripped off when you start a case (although fees that lawyers charge may vary). Debt settlement firms, on the other hand, can charge whatever they want – and some unscrupulous firms do, to the detriment of their clients.

DrSteveB over on Daily Kos has a sobering look at that dramatic ways in which uncontrollable medical bills can change a life.

DrSteve gives us the tale of a man in Texas who was living his dream - married, owned his own company, had health insurance - until a car accident radically altered his life and left him homeless.

The medical bills quickly blew past what his insurance would cover.  The owner and driver of the other truck did not have insurance, like 10-20% of vehicle owners despite the mandate to buy auto insurance, so Mr. Benson and his insurance company were unable to go after that source.

I've been doing some research on medical bankruptcy lately, and this story was heartbreaking. Sadly, it shares much in common with many of the people who run into serious financial problems following an illness or injury.

Medical bills can quickly become overwhelming, even for the insured. If you need serious health care, the financial fallout is often more than just another bill.

Many people lose significant work time because of illness or injury. The new bills and loss of income may put strains on their mortgage or lead to an increased reliance on credit cards, which can also get out of hand quickly.

Fortunately, DrSteve's story has a happy ending:

Eventually, he wound up in a shelter, and eventually he was able to put his professional chef skills to work in the "soup kitchen."  From that he has worked his way back to sobriety, fulltime employment and housing.

If you're facing severe medical debt, don't wait to take action. If you need to get your debt under control, know that help is available.

Learn about the filing bankruptcy choice.

Wednesday, June 24th, 2009

Debt Relief Company is Filing Bankruptcy

In a headline that seems so ironic it hurts: Texas based Debt Relief USA is filing bankruptcy.

We talk sometimes about the differences between debt relief and bankruptcy, but this news, as reported by the Dallas Morning News, makes the contrast stark.

When you file for bankruptcy, all of rulings and work and efforts are protected by law. This means that when the court says your debt is clear, it's clear. Creditors, by law, cannot continue to collect on those debts or call or make threats after your case ends.

But with debt relief, you are putting your faith, and your money, in a third party that may or may not get results.

In the case of Debt Relief USA, many customers had been sending the company money in hopes that this would be used to reach a settlement with a credit card company.

Now, that money may be completely lost. No settlement. No refunds. They're back to square one, and still vulnerable to lawsuits and repossession.

Had Debt Relief USA's customers turned to bankruptcy instead, their actions would be protected by law. So when a bankruptcy court ruled their debts would be discharged or reduced, that would decision would be final.

If you need debt relief help, be sure to do your homework and get complete, accurate information before you take any kind of action. Get informed about your options,  and how your choices will affect you and your debt.

If you have questions, speak with someone you trust. If you want to ask questions from a bankruptcy lawyer in your state, we can put you in touch a sponsoring attorney near you.

This morning on the CBS Early Show Vera Gibbons and Harry Smith discussed the dangers of debt settlement companies.

If you're struggling with debt, you may have looked into or even been contacted by one of these companies. CBS concludes what we know about these companies: They don't offer real debt relief.

In fact, these companies rarely provide real debt solutions. And, as CBS reports, with $1 trillion in revolving debt in the United States right now, many people need real debt relief.

So we want you to watch this report, and remind you that the actions and relief that come out of bankruptcy are protected by the U.S. law.

While credit settlement companies aren't regulated, bankruptcy is overseen by courts, judges, lawyer and legislators. This means that when you file bankruptcy, you receive protection that private companies can't offer. In fact, you may be able to file charges against a creditor if they try to collect debts that were resolved by bankruptcy.

But before you make a decision on bankruptcy or any other debt relief option, be sure to get information and answers to all of your questions.


Watch CBS Videos Online

If you’re having trouble making it paycheck to paycheck or if you’re having difficulty paying your bills, it may be time to assess your debt levels objectively.

Debt Test

This debt test involves a series of questions concerning your debt levels. Simply answer the yes/no questions to discover how you may be able to improve your financial situation.

Debt Calculator

Enter your current debt and interest rate(s) into this debt calculator. Through this calculator, you can see what may lie ahead for you in paying off your debt.

Reasons for Mounting Debt

One of the most important things to remember about debt is that you’re not alone. Everything from compulsive shopping and gambling to growing medical expenses, job loss, divorce, injury and unexpected expenses is leading to increasing levels of debt for Americans today.

If the burst of the real estate bubble and the exposure of high-level con artists reveal anything about investing it’s that even those who are “in the know” aren’t always sure of what’s happening with their money.

So don’t feel bad that your finances have gotten out of control – take this as a sign that it’s time to start over.

Learn more about how a bankruptcy attorney may help you analyze your debt situation.