Archive for the ‘Bureau of Consumer Credit Protection’ Category

New federal budget bill unleashes torrent of collection robocalls


Posted Nov. 09, 2015, at 8:54 a.m.

There’s probably nothing more annoying than a pre-recorded call (robocall) asking you to buy something.

Unless it’s a robocall demanding you pay off a debt you might owe. Congress has just made it possible for some debt collectors to add robocalls to mobile phones to their toolkits. And a number of people and groups are unhappy.

Until passage of the latest federal budget, collectors placing robocalls or sending texts needed advance consent of those receiving such calls. That provision was part of the Telephone Consumer Protection Act of 1991.

Section 301 of the new budget bill repealed the advanced consent requirement for collectors of debt that’s owed to or guaranteed by the federal government. The change allows robocalls not only to student loan and mortgage borrowers, farmers, veterans and others with federally backed loans but also to their relatives, references and even unrelated people who get a reassigned cell phone number from such borrowers.

“They sneaked Section 301 in there. Nobody even knows how it got in [the budget bill],” said Tim Marvin of Consumers Union, the policy and action arm of the organization that publishes Consumer Reports.

Click image to access petition

Consumers Union had launched a campaign in February to pressure phone companies to help curb robocall excesses. When we checked its website,, more than 568,000 people had signed an online petition of support.

The outrage of consumers was matched by that of 10 U.S. senators who are co-sponsoring a bill to overturn Section 301. The bill is called the HANGUP (Help Americans Never Get Unwanted Phone calls) Act. Seventeen groups supporting the bill drafted a sample letter consumers can mail to their senators, in an effort to give the bill traction.

Critics say allowing robocalls to mobile phones will flood consumers with nuisance calls, and they contend the calls will generate relatively little in repaid debt. Such calls also offer consumers little recourse if they’re targeted unfairly.

Banks often sell bad loans to collection companies for pennies on the dollar — hard-to-collect loans might be sold several times.

The proper paperwork is supposed to accompany such sales, but that doesn’t always happen. As a result, people with similar names or Social Security numbers may receive dunning robocalls over debts they don’t owe, and it may not be easy to find a live person to straighten things out.

Consumers Union’s Tim Marvin says the Senate bill gives supporters of robocall reform “a great opportunity to mobilize all that support we’ve been building.” Despite what seems like popular backing, supporters of the bill aren’t predicting quick passage.

For help with particular debt collection issues, call Maine’s Bureau of Consumer Credit Protection at 1-800-332-8529.

Consumer Forum is a collaboration of the Bangor Daily News and Northeast CONTACT, Maine’s all-volunteer, nonprofit consumer organization. For assistance with consumer-related issues, including consumer fraud and identity theft, or for information, write Consumer Forum, P.O. Box 486, Brewer, ME 04412, visit or email

Hidden costs lurk in delayed interest payment offers


Posted Oct. 26, 2015, at 6:52 a.m.

The phrase “no interest until…” may not be what some consumers think.

Offers to pay no interest until the payment period ends are enticing. But you must pay off your balance in full when the time’s up, and you must not be even a day late on a single payment.

The federal Consumer Financial Protection Bureau puts the warning bluntly on its website: “If one of your payments is late, or if you don’t pay off the full balance by the end of the deferred interest period, you could have to pay all of the interest that you expected to be deferred.”

William Lund, superintendent of Maine’s Bureau of Consumer Credit Protection, says consumers sometimes assume deferred interest means they won’t be charged interest on their credit card purchase until the deferral period ends. Lund says they might also expect a notice during month 11 in a 12-month deal, reminding them that full payment is due to avoid retroactive interest charges.

He says both assumptions are wrong.

“Interest and late fees are how banks make money, and they would not offer these plans if consumers all paid the purchase price fully within the promotional period and did not owe fees and interest,” Lund said.

The price of deferred interest, then, is ongoing borrower diligence.

In the case of major purchases — appliances, furniture, medical devices — a lump-sum interest payment could be several hundred dollars. Consumers can avoid such shocks by making sure of the terms of any deal before signing up, giving themselves plenty of time to meet the payment deadline, and not using that credit card for other purchases — making it easier to track a deferred interest balance.

Visit Consumer Financial Protection Bureau’s website, then search “deferred interest,” for several helpful tips:

— Pay off deferred interest balance before the deferred interest period ends. Some offers may be in weeks instead of months, so the end date may differ from your regular payment date.

— Try to pay more than the minimum payment every month. Paying the minimum likely won’t pay off your deferred balance in time; keep close track of your deferred interest balance.

— Ask your credit card company to apply whatever you pay above the minimum monthly payment to your deferred interest balance. The company doesn’t have to agree; if it does, the move might help you pay your balance before the deferred interest period ends.

Lund reminds consumers that interest rates are high, often nearly 30 percent per year.

Some consumers think federal or state laws cap those rates, but neither does. No state or federal law limits interest rates on credit cards issued by national banks, another reason to know terms of any deal before signing up.

Lund also notes that, although credit cards are offered through retailers, they are underwritten by nationally chartered, out-of-state banks. Laws of the banks’ “home states” apply, and Maine regulations don’t apply.

In case of problems, consumers may complain to federal regulators — Consumer Financial Protection Bureau. Staff of Maine’s Bureau of Consumer Credit Protection can answer questions about protecting one’s credit. Call toll-free in Maine at 1-800-332-8529.

CardHub, which compares credit card offerings online, predicts credit card debt will rise a net $60 billion by the end of the coming holiday season. See the company’s study of deferred interest at its website

Consumer Forum is a collaboration of the Bangor Daily News and Northeast CONTACT, Maine’s all-volunteer, nonprofit consumer organization. For assistance with consumer-related issues, including consumer fraud and identity theft, or for information, write Consumer Forum, P.O. Box 486, Brewer, ME 04412, visit or email

State Consumer Protection Officials Announce New Publication:

Downeaster Common Sense Guide: Automobile Buying and Financing

Auto Guide 1st Ed Web

Click image to access booklet

GARDINER – Governor Paul R. LePage joined staff at Maine’s Bureau of Consumer Credit Protection, an agency within the Department of Professional and Financial Regulation, in announcing the release of a new auto buying publication.  The Downeaster Common Sense Guide: Automobile Buying and Financing is a 32-page booklet available online or in paper copy free to Maine residents.

“Purchasing a car or truck can be an enjoyable experience, but it can also be complicated,” Governor LePage said.  “This new guide—the latest in a Downeaster series of consumer protection publications—provides important information and guidance to help individuals and families make sound financial decisions when considering a new vehicle.”

Bureau of Consumer Credit Protection Principal Examiner David Leach, who coauthored the new guide, emphasized that an automobile purchase is a significant financial commitment that often involves a large number of issues and considerations.  He outlined the topics covered in the guide:

  • Determining how much vehicle you can afford;
  • Understanding how to conduct auto buying research;
  • Learning how to check your credit reports before applying for an auto loan;
  • Determining the lowest Annual Percentage Rate or APR for your vehicle loan;
  • Understanding why “No money down” financing can be an expensive mistake;
  • Learning how to negotiate the best price for your new vehicle and trade in;
  • Preparing yourself for the “closing room” at the auto dealership; and
  • Evaluating the pros and cons of add-ons like extended warranty programs and credit insurance.

“This publication will help consumers become more comfortable with auto buying and financing by clearly explaining the process in an easy to understand, step-by-step format,” David Leach said.  “The thought of buying a car or truck makes many people uneasy.  This booklet provides Mainers with the tools and tips to understand and succeed in the process.”

An online copy of the auto buying guide, and several other Downeaster Common Sense financial publications, can be found at by clicking “Publications.”  Copies can also be ordered by calling the Bureau of Consumer Credit Protection at 1-800-332-8529 (toll-free in Maine) or 624-8527. 


Payday loan firm’s departure won’t end predatory lending


Posted July 12, 2015, at 1:15 p.m.

Click image to file a complaint

When Ace Cash Express announced it would stop doing business in Maine on July 11, reactions were mixed.

Consumers who depended on payday loans from the firm wondered where else they might get needed cash. The Maine People’s Alliance cheered, charging Ace was just like all other payday lenders, keeping needy people in a circle of debt. Regulators were unsure whether the unknown that lies ahead might be more troubling than the present we know.

Ace, which had stores in Portland and Brunswick, is shrinking its presence nationwide. This follows a $10 million settlement last July with the federal Consumer Financial Protection Bureau, or CFPB. The bureau had found evidence the company used harassment and false threats of prosecution or imprisonment, among other illegal tactics, to pressure overdue borrowers to take out more loans.

When they’re approved for the loan, borrowers usually hand over a check for the loan plus interest; the lender holds it until the borrower’s next payday. If the borrower can’t repay, the loan can be rolled over with another interest charge tacked on.

In Maine, Ace was charging $15 to borrow $150 and $25 to borrow $250 for up to one month. The average annual interest rate of payday lending in Maine is 217 percent, according to a study by the Pew Charitable Trust. Rates in other states can go much higher, so Maine is not a prime target for payday lenders.

William Lund, superintendent of Maine’s Bureau of Consumer Credit Protection or BCCP, said Ace operated within the law. He said the company is allowing consumers with outstanding loans to set up installment payments to settle their debts. Lund says, when the state had questions, Ace was reachable and responsive.

In 2014, the CFPB did a study of the payday loan industry. Among its findings: the majority of borrowers renew their loans so many times that they end up paying more in interest than the amount of the original loan.

CFPB plans to release new rules this fall affecting payday lenders, regulation that has until now been left largely to the states. The Maine People’s Alliance, which organized a small rally last Thursday in Portland, wants CFPB to pass strong rules covering car title loans, installment payday loans and online loans as well as traditional payday loans.

Jamie Fulmer is a spokesman for Advance America, the largest U.S. payday lender. He wrote in a recent op-ed that federal officials “do little to understand why millions of Americans choose these loans over other similar products, or what would happen if that choice was taken away.” Fulmer argued that if the new rule affects only payday lenders and ignores other sources of short-term credit, “people will be forced into higher-priced and lower-quality services.”

Lund says his staff would much sooner deal with the storefront lenders who have a brick-and-mortar presence; the online lenders who offer contact only by email are much tougher to regulate.

“Every single day we hear from Maine consumers who are being threatened with illegal collection tactics,” Lund told me.

Since neither consumers nor regulators can readily locate the tough talkers, many of them keep gouging the people they had promised to help.

The CFPB says its rules will require lenders to take steps to make sure consumers can pay back their loans. CFPB Director Richard Cordray said, “These common-sense protections are aimed at ensuring that consumers have access to credit that helps, not harms them.”

After a review panel looks over the rules, they could take effect sometime this fall. In Maine the maximum fee for a payday loan of $500 or more is $25. Unlicensed, unscrupulous lenders may charge much more. Find a list of licensed lenders at the BCCP website at, click “list of license types” and select the payday lender list, or call 1-800-332-DEBT-LAW (1-800-332-8529).

Consumer Forum is a collaboration of the Bangor Daily News and Northeast CONTACT, Maine’s all-volunteer, nonprofit consumer organization. For assistance with consumer-related issues, including consumer fraud and identity theft, or for information, write Consumer Forum, P.O. Box 486, Brewer, ME 04412, visit or email

Home equity loan payback crunch looms as next housing crisis


Posted June 07, 2015, at 12:18 p.m.

Click image for Federal Reserve publication

Home equity loans offer homeowners a line of credit based on the value of their dwellings. A lot of homeowners opened home equity lines of credit, or HELOC, between 2005 and 2008, when the housing market crashed.

Today, HELOCs from that period total about $265 billion. Those loans are about to enter what’s called the drawdown period, when they have to be paid back. And while many of those loan arrangements allowed borrowing for interest-only payments over a 10-year period, borrowers will face principal-plus-interest payments that could be sharply higher.

Experian, one of the big three credit reporting agencies in the U.S., released a report not long ago citing concern over the end-of-draw issue.

“Between 2013 and 2014, there was a 307 percent increase in the number of 90-day delinquencies on HELOC loans for borrowers that were end of draw, compared to just 29 percent that were not end of draw,” Experian said in its report.

The report noted that the percentage of HELOCs that are 90 to 180 days past due, termed “late stage delinquent,” has dropped 0.5 percent from its peak of 1.81 percent in 2009. Meanwhile, more homeowners have been using HELOCs; new loans in the fourth quarter of last year were up 81 percent from the fourth quarter of 2010.

Experian’s report doesn’t predict either good or bad results of this increased borrowing, but its study does caution consumers to do their homework.

Michele Raneri, Experian’s vice president of analytics and business development, put it this way: “This analysis is critical, as we want to not only help lenders prepare and understand the payment stress of their borrowers but also give consumers an opportunity to understand what the impact may be to their financial status and how to be better prepared for it.”

The Office of the Comptroller of the Currency, or OCC, sounded the alarm back in 2012, when about $11 billion in HELOCs reached the end-of-draw period. At that time, OCC predicted the figure would be $29 billion in 2014, $53 billion in 2015 and as much as $111 billion in 2018.

The crunch for borrowers could come when the Fed loosens its grip on interest rates.

The Experian study concludes that, if there is a significant balance on a consumer’s HELOC and that consumer must start repaying, those new payments could put the borrower in a financial squeeze.

Banks that finance the HELOCs generally reach out to consumers six to 12 months before the end of the draw period. They remind consumers of the approaching change in payments and offer to discuss options. Many of those consumers likely will turn to refinancing. Such programs usually operate on a variable interest rate; as an official of TD Bank recently was quoted as saying, “Nobody knows what rates will do a year from now.”

Consumers may want to talk with their loan officers or a financial adviser before deciding. You can read more about HELOCs in the Downeaster Common Sense Guide to Finding, Buying and Keeping Your Maine Home, published by Maine’s Bureau of Consumer Credit Protection. Read it online at Help also is available from the Bureau by calling 1-800-332-8529.

Consumer Forum is a collaboration of the Bangor Daily News and Northeast CONTACT, Maine’s all-volunteer, nonprofit consumer organization. For assistance with consumer-related issues, including consumer fraud and identity theft, or for information, write Consumer Forum, P.O. Box 486, Brewer, ME 04412, visit or email

Don’t trust credit card companies to teach kids about finances


Posted April 05, 2015, at 10 a.m.

Personal finance websites CardHub and WalletHub released a rather troubling consumer credit outlook last week.

In the credit card field, forecasters see a trend toward offering more credit to existing debtors, instead of trying to attract new borrowers in a recovering economy. The companies’ experts said zero percent balance transfer periods are stabilizing while zero percent purchase terms are getting shorter.

Trending upward are cash- and points/miles-based rewards, both showing hefty hikes over last year. And, with consumers looking for money to spend, cash advance fees have gone up more than 40 percent since the end of 2010.

CardHub’s website notes a striking lack of confidence in American consumers’ own financial literacy. In 2013, 40 percent of people the firm surveyed gave themselves a grade of C or lower. With a worried eye on the future, just over 70 percent of parents in that survey thought their children didn’t understand basic money management.

We’re concerned as consumer advocates in light of another report, released on April Fools’ Day, on financial education. This one suggested parents and teachers take hard looks at any and all financial education programs and “follow the money” to see whose interests are really being served.

William Lund, superintendent of Maine’s Bureau of Consumer Credit Protection, keeps a close eye on the materials included in financial education offerings.

“Nowhere have I read the following message in that literature: ‘Save Your Money Until You Can Afford What You Want; Then Pay Cash,’” he recently told Northeast CONTACT.

“Bad money decisions haunt us for a lifetime.” Click image to learn more about the Walter Cronkite Project

People in search of unbiased advice suggest looking at something called the FoolProof Foundation’s Walter Cronkite Project. Leaders of that nonprofit say financial education usually includes the biases of the sponsors, charging that “[t]he financial industry goliaths who profit when a young person makes money mistakes largely determine what young people learn about money habits.”

FoolProof Foundation founder Will deHoo goes on to ask, “is a credit card company going to support a financial literacy program that teaches kids to pay their credit card bill in full each month? Is a bank going to sponsor a program that says, ‘Be sure and read about the billions in fines we’ve paid for hurting our own customers’? Of course not.”

FoolProof, found at, offers a free, Web-based series of financial lessons that it says meet the needs of young consumers instead of the needs of what it terms “conflicted businesses.”

While such entities may sponsor a range of gatherings in the name of helping students, critics charge that their presentations often leave out key pieces of advice that would truly improve students’ financial awareness. After all, if consumers paid off their credit card bills in full every month, they would see a real change in their debt and resulting stress levels. Such a trend would cut into the bottom line of credit card companies in a big way; it’s no wonder their teachings generally don’t include a plea to pay in full.

We’ve written in earlier columns about financial education efforts such as the Jump$tart Coalition, found at, and Maine’s annual conference on teaching financial literacy. Because Maine has no statewide requirement for financial education, local educators and parents might want to take a serious look at the offerings of FoolProof and other free programs that might come along.

Consumer Forum is a collaboration of the Bangor Daily News and Northeast CONTACT, Maine’s all-volunteer, nonprofit consumer organization. For assistance with consumer-related issues, including consumer fraud and identity theft, or for information, write Consumer Forum, P.O. Box 486, Brewer, ME 04412, visit or email

Credit report concerns involve more than mailings to wrong address


Posted March 22, 2015, at 10:18 a.m.

Click image for “Credit Reports and Credit Scores”

This was supposed to be an easy column to write. It started out focused on the recent agreement hammered out by New York Attorney General Eric Schneiderman and Equifax, Experian and Trans Union, the Big Three among credit reporting agencies.

Then, more than 300 letters ended up in a mailbox in southern Maine. More on that shortly; we’ll begin with the background on the agreement.

Consumers who have been diligent about checking their credit reports might have been upset to learn that some of those reports are less than accurate. It’s been estimated that as many as one credit report in 20 contains significant errors. Those mistakes could adversely affect consumers’ credit scores and therefore their ability to borrow money.

After months of negotiations, the reporting agencies agreed to changes in two major areas: the way consumers can dispute errors and the types of credit data that show up in their files.

Until recently, disputes over errors in a consumer’s files have amounted to “borrower beware.” The agencies typically took the word of a creditor that a consumer’s payment was late or that some other mistake was in the creditor’s favor. The negotiated change means the agencies will hire employees to make independent reviews of consumers’ disputes, rather than siding automatically with creditors.

The second change involves medical debt. The agencies have agreed to a 180-day delay before noting on a consumer’s credit report that the individual was late paying a medical bill. It’s not always clear which family member is liable for a particular bill or what coverage might apply; other factors beyond a consumer’s control might also delay payment.

This is a significant change for consumers, says Will Lund, Superintendent of Maine’s Bureau of Consumer Credit Protection. “It makes sense to let that process settle out, to let the smoke clear, before a person’s credit history is potentially permanently impacted,” Lund told me last week.

Lund’s office has been investigating last week’s delivery of 312 letters containing other people’s credit reports to Katie Wheeler of Biddeford. Wheeler had requested a report from Equifax and was shocked to find the pile of letters from the agency. At first she thought a computer had printed hundreds of copies of her report; after opening a few, she discovered names, Social Security numbers, birth dates and other personal information of other people.

Lund said it was lucky the mailing ended up in the hands of an honest citizen, who turned them over to the agency responsible for enforcing Maine’s Fair Debt Collection Practices Act. Part of that law requires credit reporting agencies to register with his department. While Lund doesn’t expect any long-term fallout from the mailing, he said, “There are a variety of questions here relating to quality control.”

Lund said he hoped to have the documents delivered by courier to Equifax by March 23, once his office’s initial investigation was complete. He said he likely will have follow-up questions, once Equifax shares the results of its own probe with his office.

Consumer Forum is a collaboration of the Bangor Daily News and Northeast CONTACT, Maine’s all-volunteer, nonprofit consumer organization. For assistance with consumer-related issues, including consumer fraud and identity theft, or for information, write Consumer Forum, P.O. Box 486, Brewer, ME 04412, visit or email


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