Ripoffs Relating to Credit Counseling
An established credit guidance agency can assist you create a repayment program along with your creditors and coach you on better money management strategies to avoid debt down the road. But some consumer credit counseling services take advantage of people who are financially vulnerable, so proceed cautiously.
The Federal Trade Commission Act forbids “unfair or deceptive acts or practices” of credit score improvement, debt consolidation or counseling agencies. Some states also provide laws that make it illegal for credit service organizations to assert to be able to improve credit scoring.
Plus, in some states, consumer credit counseling services must register with the state Attorney General’s office and obtain a surety bond to do business.
Voluntary Certification and Accreditation
The National Foundation for Credit Counseling (NFCC) is an independent not-for-profit organization that creates voluntary standards for credit counseling agencies. The NFCC Council on Accreditation (COA) accredits over 4,000 credit advice plans that meet NFCC standards.
To become accredited by the NFCC, a credit counseling agency must be accepted as non-profit by the IRS and have the proper local business licenses. To earn NFCC certification, a credit advice program must also use adequate constraints to protect consumers, including:
- Auditing operating and trust accounts every year
- Offering consumer education programs
- Providing detailed reviews of consumers’ income and debts, and an assessment of how each consumer got into financial trouble, with a written action plan for reducing debt
- Disbursing funds to creditors at least twice a month, or sooner in emergencies
- Giving clients a financial statement at least once every three months
The Association of Independent Consumer Credit Counseling Agencies (AICCCA) is yet another national organization with similar standards.
You have to think before signing up with a credit guidance agency that does not participate in either of these voluntary organizations.
Warning Signs
What should tip you off that you could be dealing with a less-than-reputable program?
Watch out for illegal fees, sometimes disguised as contributions. If the setup fees or monthly charges are incredibly high, they can eliminate any gain you could have made against reduced finance charges, and you’d bebetter off negotiating directly with your creditors.
Another danger signal is often outrageous claims to instantly repair your credit score. Credit rebuilding is a gradual process, and it is illegal to try to improve your history of credit by constructing a new, false identity.
It’s also wise to avoid advance fee loan scams, where you’re asked to fork over money to acquire a promised loan. Under the FTC’s Telemarketing Sales Rule, no-one can legitimately ask that you pay until you actually receive a loan or credit. So be skeptical of any debt consolidation loan, get every detail in writing, and don’t give your credit card, bank-account or Social Security information over the telephone or on the web.
Educate Yourself
The obvious way to protect yourself against unscrupulous credit counselors is to:
- Check out the program’s reputation with your state Attorney General and local Better Business Bureau, and find out how long they’ve been in business
- Confirm with your creditors ahead of time that they will work with that particular company
- Understand exactly what services are offered, and whether those services address all of your debts
- Get the specifics of any monthly fees, and find out whether you’ll still be obligated to pay those fees whether or not you continue to participate in the program
- Get all promises in writing
- Read your written agreement carefully
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