California Attorney General Kamala Harris Thursday announced that her office has filed an enforcement action against JPMorgan Chase & Co. alleging that the bank engaged in fraudulent and unlawful debt-collection practices against tens of thousands of Californians.
The suit alleges that Chase engaged in widespread robo-signing of court documents in debt collection cases, among other practices, to commit abuses against approximately 100,000 California credit card barowers over at least a three-year period.
“Chase abused the judicial process and engaged in serious misconduct against California credit card borrowers,” Attorney General Harris said. “This enforcement action seeks to hold Chase accountable for systematically using illegal tactics to flood California’s courts with specious lawsuits against consumers. My office will demand a permanent halt to these practices and redress for borrowers who have been harmed.”
Harris alleged that from January 2008 through April 2011, Chase filed thousands of debt collection lawsuits every month in the State of California. The complaint against Chase alleges that, to maintain this pace, Chase employed unlawful practices as shortcuts to obtain judgments against California consumers with speed and ease that could not have been possible if Chase had adhered to the minimum substantive and procedural protections required by law.
The central issue is the use of affidavits to prove that the debt belonged to the consumer being sued, and the alleged practices employed by Chase to produce the documents. Chase allegedly robo-signed various litigation filings, including sworn documents, declarations, and verified complaints, without reviewing the relevant files or bank records or even reading the documents before signing.
The issue of robo-signing documents in debt collection lawsuits has been prominent among debt buyers for the past couple of years, and before that, among mortgage companies in foreclosure proceedings.
Chase has also faced similar questions before regarding its legal collection channel. Last year, a series of articles in American Banker detailed an investigation by the U.S. Office of the Comptroller of the Currency that looked into the bank’s affidavit process.
In addition to the improper legal documents allegations, Harris charged that Chase failed to properly serve notice of debt collection lawsuits against consumers while claiming they had been served as required by law.
http://www.insidearm.com/daily/credit-card-accounts-receivable/credit-card-receivables/california-sues-jpmorgan-chase-over-debt-collection-lawsuits/
Wednesday, May 15, 2013
Tuesday, May 7, 2013
TransUnion Reports Revenue Jumps
Collections & Credit Risk | Tuesday, May 7, 2013
TransUnion on Tuesday announced results for the first quarter ended March 31, a combined announcement that includes consolidated financial statements for TransUnion Holding Company Inc. and TransUnion Corp., a direct 100% owned subsidiary of TransUnion Holding.
First Quarter 2013 Highlights
-- Total revenue for the first quarter increased 3.5%. Weakening foreign currencies accounted for a decrease in revenue of 1.3% and acquisitions accounted for an increase in revenue of 0.6%.
-- Revenue in USIS Online Data Services increased 4.6%, driven by an increase in online credit report volumes in the financial services and reseller markets.
-- Revenue in USIS Decision Services increased 6.9%, driven by growth in Financial Services and Healthcare.
-- Revenue in International emerging markets declined 1.5%, as constant currency growth in Africa, Latin America and Asia Pacific was offset by the impact of weakening foreign currencies.
-- Weakening foreign currencies accounted for a decrease in emerging markets revenue of 10.2%.
-- Acquisitions accounted for an increase in emerging markets revenue of 4.7%.
"In the first quarter we generated organic constant currency growth, versus a particularly strong first quarter of 2012, while continuing to invest in long-term growth initiatives," said Jim Peck, the company's president and chief executive officer. "In my first quarter at TransUnion, I've found a company abundant with potential. We will further unlock this potential by continuing to identify, pursue and invest in organic growth initiatives that will drive long-term growth and value creation."
First Quarter 2013 Results
The company reported revenue of $290.5 million, an increase of 3.5% compared to the first quarter of 2012. Weakening foreign currencies accounted for a decrease in revenue of 1.3%. Acquisitions accounted for an increase in revenue of 0.6%.
Operating income of $44.2 million in the first quarter, compared to $65.6 million in the prior year, was negatively impacted by a $23.4 million increase in depreciation and amortization, resulting primarily from purchase accounting adjustments to record tangible and intangibles assets at fair value due to the acquisition of TransUnion Corp. by TransUnion Holding on April 30, 2012 (the acquisition and related transactions being referred to herein as the "2012 Change in Control Transaction").
Excluding depreciation and amortization, operating income increased 2.3% compared to the first quarter of 2012, while the company continued to invest in new initiatives to drive long-term growth.
Non-operating expense was $50.1 million in the first quarter of 2013 compared to $41.7 million in the prior year due to an increase in interest expense related primarily to the issuance of $600 million and $400 million principal amount of senior unsecured PIK toggle notes in the first and fourth quarters of 2012, respectively.
Higher interest expense and the purchase accounting depreciation and amortization contributed to the net loss attributable to the company of $6.3 million compared to net income of $1.7 million in the first quarter of 2012.
Segment Highlights
U.S. Information Services (USIS)
USIS revenue was $183.7 million, an increase of 1.7% percent compared to the first quarter of 2012, with increases in Online Data Services and Decision Services due to improved market conditions and growth in Financial Services, Resellers and Healthcare.
-- Online Data Services revenue was $127.1 million, an increase of 4.6%,driven by an increase in credit report volumes.
-- Credit Marketing Services revenue was $31.8 million, a decrease of11.7%, due to a large one-time batch job in the first quarter of 2012.
-- Decision Services revenue was $24.8 million, an increase of 6.9%,driven by growth in Financial Services and Healthcare.
International revenue was $55.7 million, a decrease of 1.6% compared to the first quarter of 2012. Weakening foreign currencies accounted for a decrease in revenue of 6.4%. Acquisitions accounted for an increase in revenue of 2.8%.
-- Developed markets revenue was $22.0 million, a decrease of 1.8%, as growth in Hong Kong was offset by weakness in Canada. A weakening Canadian dollar accounted for a reduction in revenue of 0.4%.
Operating income of $2.4 million, compared to $14.8 million in the prior year, was negatively impacted by $7.5 million of additional depreciation and amortization, resulting primarily from purchase accounting adjustments related to the 2012 Change of Control Transaction.
Excluding depreciation and amortization, International operating income declined 28.2% compared to the first quarter of 2012. The remaining decline is attributable to planned integration costs of our Brazilian and South African acquisitions, continued investment in growth and the negative impact of foreign currency.
First Quarter 2013 Highlights
-- Total revenue for the first quarter increased 3.5%. Weakening foreign currencies accounted for a decrease in revenue of 1.3% and acquisitions accounted for an increase in revenue of 0.6%.
-- Revenue in USIS Online Data Services increased 4.6%, driven by an increase in online credit report volumes in the financial services and reseller markets.
-- Revenue in USIS Decision Services increased 6.9%, driven by growth in Financial Services and Healthcare.
-- Revenue in International emerging markets declined 1.5%, as constant currency growth in Africa, Latin America and Asia Pacific was offset by the impact of weakening foreign currencies.
-- Weakening foreign currencies accounted for a decrease in emerging markets revenue of 10.2%.
-- Acquisitions accounted for an increase in emerging markets revenue of 4.7%.
"In the first quarter we generated organic constant currency growth, versus a particularly strong first quarter of 2012, while continuing to invest in long-term growth initiatives," said Jim Peck, the company's president and chief executive officer. "In my first quarter at TransUnion, I've found a company abundant with potential. We will further unlock this potential by continuing to identify, pursue and invest in organic growth initiatives that will drive long-term growth and value creation."
First Quarter 2013 Results
The company reported revenue of $290.5 million, an increase of 3.5% compared to the first quarter of 2012. Weakening foreign currencies accounted for a decrease in revenue of 1.3%. Acquisitions accounted for an increase in revenue of 0.6%.
Operating income of $44.2 million in the first quarter, compared to $65.6 million in the prior year, was negatively impacted by a $23.4 million increase in depreciation and amortization, resulting primarily from purchase accounting adjustments to record tangible and intangibles assets at fair value due to the acquisition of TransUnion Corp. by TransUnion Holding on April 30, 2012 (the acquisition and related transactions being referred to herein as the "2012 Change in Control Transaction").
Excluding depreciation and amortization, operating income increased 2.3% compared to the first quarter of 2012, while the company continued to invest in new initiatives to drive long-term growth.
Non-operating expense was $50.1 million in the first quarter of 2013 compared to $41.7 million in the prior year due to an increase in interest expense related primarily to the issuance of $600 million and $400 million principal amount of senior unsecured PIK toggle notes in the first and fourth quarters of 2012, respectively.
Higher interest expense and the purchase accounting depreciation and amortization contributed to the net loss attributable to the company of $6.3 million compared to net income of $1.7 million in the first quarter of 2012.
Segment Highlights
U.S. Information Services (USIS)
USIS revenue was $183.7 million, an increase of 1.7% percent compared to the first quarter of 2012, with increases in Online Data Services and Decision Services due to improved market conditions and growth in Financial Services, Resellers and Healthcare.
-- Online Data Services revenue was $127.1 million, an increase of 4.6%,driven by an increase in credit report volumes.
-- Credit Marketing Services revenue was $31.8 million, a decrease of11.7%, due to a large one-time batch job in the first quarter of 2012.
-- Decision Services revenue was $24.8 million, an increase of 6.9%,driven by growth in Financial Services and Healthcare.
International revenue was $55.7 million, a decrease of 1.6% compared to the first quarter of 2012. Weakening foreign currencies accounted for a decrease in revenue of 6.4%. Acquisitions accounted for an increase in revenue of 2.8%.
-- Developed markets revenue was $22.0 million, a decrease of 1.8%, as growth in Hong Kong was offset by weakness in Canada. A weakening Canadian dollar accounted for a reduction in revenue of 0.4%.
Operating income of $2.4 million, compared to $14.8 million in the prior year, was negatively impacted by $7.5 million of additional depreciation and amortization, resulting primarily from purchase accounting adjustments related to the 2012 Change of Control Transaction.
Excluding depreciation and amortization, International operating income declined 28.2% compared to the first quarter of 2012. The remaining decline is attributable to planned integration costs of our Brazilian and South African acquisitions, continued investment in growth and the negative impact of foreign currency.
Tuesday, April 23, 2013
Monday, April 22, 2013
CBS “60 Minutes” Investigates The Credit Reporting Industry
FTC Chairman Leibowitz says legitimate credit repair firms are an alternative for consumers
Today, the National Association of Credit Services Organizations (NACSO), the leading trade association for the professional credit repair industry, released the following statement regarding the “60 Minutes” investigation into the haphazard errors of credit reporting agencies:
“While there should be nothing complex about accurately reporting consumer credit, the 60 Minutes investigation documented the complexity of consumer credit reporting and the difficulty in getting credit report errors fixed.
Credit report errors have devastating consequences on consumers from all walks of life. And as the investigation proved, consumers are often at a loss as to how to navigate the credit dispute process, which is why the work that credit repair professionals do is so important. Credit repair firms are assisting consumers when they need to cleanse their credit reports of errors, which often after multiple attempts, are not addressed by credit reporting agencies or data furnishers.
The Federal Trade Commission (FTC) study indicates that 40 million Americans have errors on credit reports, and 20 million with significant errors. One out of five Americans has an error and one out of ten Americans has an error that might lower their score.
Dealing with credit agencies can be a tough and grueling process for consumers, which is why many consumers choose to have a credit repair firm do the work for them, especially when they are trying to buy a home, maintain a job security clearance, or achieving financial self-sufficiency.
FTC Chairman Jon Leibowitz acknowledged that consumers may receive assistance from legitimate credit repair firms. NACSO encourages consumers who may be aggrieved or confused about what appears on their credit report to work with credit repair professionals who strictly follow the Credit Repair Organizations Act, and are regulated by the FTC. NACSO members provide ethical and compliant credit services to assist in combating collection/credit reporting errors.
NACSO supports the efforts of the FTC and Consumer Financial Protection Bureau to foster a regulatory approach that has a keen focus on the credit reporting process. NACSO will continue to work with all to ensure consumers are protected and their rights guaranteed to access professional assistance in the credit repair process.”
http://hosted.verticalresponse.com/190106/16f3ab7369/1465648827/27210fb94d/
Today, the National Association of Credit Services Organizations (NACSO), the leading trade association for the professional credit repair industry, released the following statement regarding the “60 Minutes” investigation into the haphazard errors of credit reporting agencies:
“While there should be nothing complex about accurately reporting consumer credit, the 60 Minutes investigation documented the complexity of consumer credit reporting and the difficulty in getting credit report errors fixed.
Credit report errors have devastating consequences on consumers from all walks of life. And as the investigation proved, consumers are often at a loss as to how to navigate the credit dispute process, which is why the work that credit repair professionals do is so important. Credit repair firms are assisting consumers when they need to cleanse their credit reports of errors, which often after multiple attempts, are not addressed by credit reporting agencies or data furnishers.
The Federal Trade Commission (FTC) study indicates that 40 million Americans have errors on credit reports, and 20 million with significant errors. One out of five Americans has an error and one out of ten Americans has an error that might lower their score.
Dealing with credit agencies can be a tough and grueling process for consumers, which is why many consumers choose to have a credit repair firm do the work for them, especially when they are trying to buy a home, maintain a job security clearance, or achieving financial self-sufficiency.
FTC Chairman Jon Leibowitz acknowledged that consumers may receive assistance from legitimate credit repair firms. NACSO encourages consumers who may be aggrieved or confused about what appears on their credit report to work with credit repair professionals who strictly follow the Credit Repair Organizations Act, and are regulated by the FTC. NACSO members provide ethical and compliant credit services to assist in combating collection/credit reporting errors.
NACSO supports the efforts of the FTC and Consumer Financial Protection Bureau to foster a regulatory approach that has a keen focus on the credit reporting process. NACSO will continue to work with all to ensure consumers are protected and their rights guaranteed to access professional assistance in the credit repair process.”
http://hosted.verticalresponse.com/190106/16f3ab7369/1465648827/27210fb94d/
Wednesday, April 17, 2013
Monday, April 15, 2013
IRS
With Tax Day less than a week away in the United States, you probably don’t need another reason to dislike the IRS. But here’s one anyway: Newly released documents show that in recent years, the agency has claimed American Internet users “do not have a reasonable expectation of privacy” when it comes to their emails being snooped on.
The documents, obtained by the ACLU under the Freedom of Information Act and published today, reveal that in 2009, the Criminal Tax Division at the IRS claimed in an internal handbook that in general “the Fourth Amendment does not protect communications held in electronic storage, such as email messages stored on a server.” This claim may have been rooted in a reading of a controversial loophole contained in the Electronic Communications Privacy Act, which enables agencies to obtain email older than 180 days without a search warrant.
In 2010, a significant appeals court judgment held in United States v. Warshak that email was protected by the Fourth Amendment, and that government agents should obtain a probable cause warrant from a court before compelling email providers to hand over users’ messages—regardless of whether they had been stored on a server for more than 180 days. This is the highest legal standard, requiring authorities to show there is “reasonable basis” for believing the search will yield evidence of a crime.
But despite that ruling, ECPA’s requirements have been “inconsistent, confusing, and uncertain,” as Richard Salgado, Google’s legal director of law enforcement and information security, has put it. IRS emails obtained by the ACLU demonstrate this, as they suggest that that the IRS avoided having to always obtain a warrant by continuing to exploit the ECPA loophole. The loophole enables authorities to get their hands on emails older than 180 days with an administrative subpoena—which requires merely showing that the information sought is “relevant” to an ongoing investigation. A special counsel for the IRS in one email exchange seems dismissive of the Warshak ruling, stating that “I have not heard anything related to this opinion. We have always taken the position that a warrant is necessary when retrieving e-mails that are less than 180 days old”—implying that emails more than 180 days old can still be obtained by other, easier means. (It’s possible that other agencies have adopted a similar position, given the confusion over ECPA. The ACLU says it has lodged FOIA requests with the FBI and other components of the Justice Department to find out.)
Last month, lawmakers proposed new legislation that aims to update ECPA by scrapping the contentious 180-days clause. Even the Justice Department—which rarely takes the same side as civil liberties advocates—is backing the change: In March, a DOJ representative admitted to the House judiciary committee that there is “no principled basis to treat email less than 180 days old differently than email more than 180 days old.” This marked a stark reversal for the DOJ, which had previously been aggressively opposed to privacy-enhancing reforms of ECPA.
The ACLU is criticizing the IRS for its lack of clarity on the issue and demanding that the agency “let the American public know whether it obtains warrants across the board when accessing people’s email.” The rights group is also calling on the IRS to “formally amend its policies to require its agents to obtain warrants when seeking the contents of emails, without regard to their age.”
It’s worth noting, though, that not all providers will play along if the IRS is still attempting to obtain emails without a warrant. Earlier this year, in a move lauded by privacy groups, Google said that it is effectively ignoring the 180-days ECPA loophole by always requiring a search warrant from authorities seeking to obtain user content stored using its Gmail, Google Drive, or other services. It is unclear whether other providers—such as Microsoft and Yahoo—have similar policies.
The IRS did not immediately respond to a request for comment. I’ll update this post as and when I receive anything.
Subscribe to:
Comments (Atom)