четверг, 18 июня 2015 г.

uMedical Debt Collector Must Pay Consumers $5.4M For Improperly Handling Disputesr


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  • What happens when you combine expensive — and often unanticipated — medical bills and overzealous debt collectors? An environment ripe for abusive, unfair collection practices. At least that appears to be the case for an operation that must pay $5.4 million in relief to consumers for allegedly mishandling credit reporting disputes and preventing individuals from exercising their debt collection rights.

    The Consumer Financial Protection Bureau announced today that improper practices employed by Syndicated Office Systems, LLC – also doing business as Central Financial Control – affected the credit scores of thousands of individuals and caused consumers distress and confusion though a series of improper collection practices.

    Syndicated Office Systems primarily collects medical debt on behalf of hospitals, doctors, and other healthcare providers.

    According to the CFPB complaint [PDF], the company failed to respond within 30 days to consumer disputes about the inflation furnished to consumer reporting agencies and failed to provide consumers with a “debt validation notice” within five days of its initial communication with the consumer in connection with the collection of a debt.

    Syndicated Office Systems typically initiates collection efforts through letters and telephone calls to consumers, the complaint states.

    Under the Fair Credit Reporting Act, within five days of their initial communication, debt collectors are generally required to send debt validation notices to alert consumers about their right to request proof that a debt is valid or dispute the debt.

    A CFPB investigation, however, uncovered that Syndicated Office Systems failed to send debt validation notices to nearly 10,000 consumers.

    Despite its failure to abide by notice standards, the company continued to collect over $2 million from consumers.

    “Failing to provide notices denies consumers the opportunity to assess whether the debt is valid and whether the amount or source is correct,” the CFPB says. “These notices can be an especially important consumer safeguard with regard to medical debt, where issues like insurance reimbursements and medical billing processes are commonly fraught with complexity, confusion, and delay, and can lead to consumers being unsure of how much to pay or even whom to pay.”

    Additionally, regulators found that the company mishandled consumer credit reporting disputes by failing to investigate and respond to more than 13,000 consumers within the 30-day timeframe required under the law.

    “Consumers spent time and money attempting to follow-up on unresolved disputes and experienced distress and confusion due to the delays,” the Bureau says in a statement.

    The CFPB found that the company had no policies or procedures in place to investigate these consumer credit report disputes. Instead, the company treated consumer credit report disputes in the same way as other consumer complaints and had no deadline for responding.

    Under a proposed consent order, Syndicated Office Systems must identify all affected consumers, fix errors on their credit reports and provide $5.4 million in monetary relief.

    Additionally, the company must pay a $500,000 fine for its actions and establish safeguards to ensure it has the staffing, facilities, systems, and information necessary to timely and completely respond to consumer credit report disputes.

    CFPB Takes Action Against Medical Debt Collector [Consumer Financial Protection Bureau]



ribbi
  • by Ashlee Kieler
  • via Consumerist


uColorado Family Rents Car, Finds Pot Left Inside After Driving Cross-Countryr


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  • (DEARTH !)

    (DEARTH !)

    Marijuana is legal for recreational use in Colorado now, sure, but that doesn’t mean that it’s legal on the federal level or everywhere else in the country. This caused a dilemma for a family who rented a car in their home state, then drove across the country before they found 1/8 ounce of pot in one of the backseat pockets.

    “Rent a car, get free weed” would be a terrible tourism promotion, and this was clearly an oversight by a previous renter of the car and the rental shop. Still, the family was upset: they found the baggie while driving through Missouri, and became afraid that they would be stopped by police. “The driver is the liable party, he is in control of what is in the car,” the dad of this family told CBS Denver.

    The story has a happy ending: the family brought the freebie back home and returned it to the car rental place, they refunded the cost of the family’s rental, and says that they threw the pot away, as they normally do when finding it in cars.

    Colorado Family Takes Rental Car Out Of State, Finds Pot In Seat Pocket [CBS Denver]



ribbi
  • by Laura Northrup
  • via Consumerist


uAmazon, Penguin Random House Avoid Dispute, Reach Deal For Physical & Online Book Salesr


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  • Public feud avoided. Less than a month after reports began swirling that Amazon and the world’s largest book publisher Penguin Random House could potentially come to blows over a new contract for online book sales, the two entities have reached a long-term agreement.

    The Wall Street Journal reports that Amazon and Penguin Random House squashed any possibility of another Hachette-like feud by entering into a new contract over both physical and e-books in the U.S. and U.K.

    Spokespeople for the companies declined to provide additional information on the contract other than to say it was “long-term.”

    “We are still in business with Amazon, and with all our retail partners, and will continue to be,” Penguin Random House said in a statement.

    Penguin Random House was the last of the “big five” publishers to renew its contract with Amazon to sell titles online.

    Booksellers magazine reported last month that the negotiation dispute between the two companies centers on the pricing model in which publishers get to set the consumer price of e-books, while retailers take a commission.

    Industry insiders said at the time that a feud between Amazon, the top seller for books online, and Penguin Random House, which publishes about 15,000 books a year, would be costly for both sides.

    Amazon could have possibly frozen pre-orders and slowed delivery of the publisher’s titles, a move that occurred during the months-long battle with Hachette in 2014, and the publisher could have flexed its own muscle by removing its titles from Amazon.

    Amazon, Penguin Random House Agree to New Deal on Book Sales [The Wall Street Journal]



ribbi
  • by Ashlee Kieler
  • via Consumerist


uCFPB Report Finds 90% Of Student Loan Borrowers Who Seek Co-Signer Release Are Deniedr


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  • Last year, the Consumer Financial Protection Bureau brought our attention to a relatively new phenomenon in which more and more private student loan borrowers found themselves placed in automatic default – even if they were up-to-date on payments – when their co-signer died or filed for bankruptcy. While the agency and consumer advocates urged these borrowers to seek co-signer release from their lenders, a new report finds that’s simply hasn’t been possible.

    In fact, nearly 90% of consumers who have applied for a co-signer release from their private student loan lender were rejected because of unfair industry practices.

    That figure is based on the CFPB’s mid-year report [PDF] which analyzes more than 3,100 complaints and more than 1,100 debt collection complaints filed between October 2014 and March 2015 related to private student loans, as well as an analysis of lender policies and contracts.

    As we know, the practice of employing a co-signer can often lead to lower interest rates on student loans, because the co-signer is on the hook to pay the loan if the borrower can not. Back in 2011, about 90% of all private student loans were co-signed, typically by a borrower’s parent or grandparent.

    While many loan issuers advertise the option of releasing a co-signer from their obligations after a borrower meets certain requirements — often making a certain amount of on-time payments — consumers have reported it’s not an easy task.

    The CFPB’s new report found that in most cases, consumers are left in the dark, receiving little information about specific borrower criteria that must be met to obtain a co-signer release.

    Many consumers reported being confused about their eligibility for obtaining a co-signer release as well as not understanding why they had been denied.

    In a previously reported instance, one borrower told the CFPB that at the time of origination, the lender stated they could release his co-signer after he made 28 on-time payments. However, after making those payments, the borrower learned that 36 payments were required. After making the additional payments, he was told that 48 payments were now required.

    In other instances, borrowers reported that required forms were not available on websites or in electronic form.

    According to the new report, many lender policies can permanently disqualify borrowers from co-signer releases.

    The CFPB found that that some companies’ policies penalize or disqualify borrowers who prepay their loans and are in good standing. Additionally, some companies also disqualify borrowers from releasing a co-signer if the consumer accepts the servicer’s offer of postponing payment through forbearance

    “These company policies can permanently ban a consumer from seeking co-signer release for the life of the loan and penalize consumers that may have graduated during tough economic times,” the report states.

    The inability to obtain a release can pose significant financial risk for both the borrower and co-signer.

    For one thing, borrowers have increasingly been hit with a default because of activities related to the co-signer, even if the borrower is paying on time.

    Being placed in default is often the result of a death or bankruptcy filing related to a loan co-signer. This devastating situation is the result of a small but poisonous provision that permits the lender or loan servicer to place a loan in default, or accelerate the full balance of the loan.

    While some lenders vowed they would discontinue the use of such automatic-default clauses, the CFPB’s analysis of private student loan contracts found that most private student loan contracts continue to include auto-default clauses.

    In addition to finding the continued use of automatic-default clauses, the CFPB found other potentially harmful clauses hidden in fine print of some loans including “universal default” clauses.

    Many financial institutions use these clauses to trigger a default if the borrower or co-signer is not in good standing on another loan with the institution, such as a mortgage or auto loan, that is unrelated to the consumer’s payment behavior on the student loan. These clauses can increase the risk of default for both the borrower and co-signer.

    Speaking of the co-signer, the CFPB reports that the student loan will appear on their credit record, which will then count toward their total debt level. This can affect the co-signer’s credit score if the loan is not repaid.

    If this occurs, the co-signer may also have a more difficult time obtaining an affordable rate on other credit, making it more expensive to refinance a home or to buy a car.

    Along with releasing its mid-year report, the Student Loan Ombudsman provided several ways in which the private student loan industry could improve their co-signer practices including:

    Improving transparency around co-signer release criteria: Consumers and industry would benefit from increased transparency around the availability of co-signer release, including what specific requirements exist that a borrower needs to meet to obtain a release.

    Improving consumer notifications for co-signer release eligibility: Private student loan servicers could notify consumers before placing them in a repayment status, such as forbearance, that it would disqualify them from co-signer release. In addition, private student loan servicers could improve their customer service by proactively notifying borrowers when they meet prerequisites for releasing a co-signer, such as making a certain number of on-time payments.

    Examining potentially harmful clauses in the fine print: The CFPB report notes that policymakers should consider whether auto-default, universal default, and other potentially harmful terms in the fine print of private student loan contracts are appropriate.



ribbi
  • by Ashlee Kieler
  • via Consumerist


uChobani On Its Ad Featuring Same-Sex Couple: “We’re Proud That Our Products Are Enjoyed By All”r


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  • While the idea of eating food in bed might make people angry for cleanliness reasons (such a mess!), others are ticked off at Chobani for its latest ad featuring two women in bed together, one of whom happens to be eating yogurt. The ever-vigilant folks at One Million Moms have a problem not only with lesbians eating yogurt in bed, but with the fact that a same-sex couple would flaunt their wedding rings while doing so. In response, Chobani says it’s proud that all kinds of people like to eat its yogurt, in bed and married or otherwise.

    One Millions Mom aimed its ire at Chobani using language that has become familiar from past campaigns against Honey Maid (ad with wholesome gay parents) and Kraft (salad dressing ad showing mostly naked man at a picnic). Once again, OMM thinks a company should be ashamed for “attempting to normalize sin.”

    “The newest commercial for Chobani yogurt has two nude women in bed while one lovingly strokes the other’s foot,” OMM points out. “This commercial not only promotes same sex relationships by including two lesbians, but also same sex marriage because the two women wear matching wedding bands. The ad states, ‘To Love this Life is to Live it Naturally.’ There is nothing natural about homosexuality.”

    The group goes on to add that this wouldn’t be acceptable even if the couple was heterosexual, as kids might be watching TV, and urges others to contact the company and voice their displeasure with lesbians daring to eat yogurt in bed while married.

    When Consumerist asked Chobani for comment about the controversy surrounding the ad, the company said it’s all about inclusion.

    “As part of our founding mission to make better food for more people, inclusiveness and equality are at the heart of Chobani,” a spokeswoman told Consumerist. “We launched our ‘Love This Life’ campaign back in May to celebrate and acknowledge all walks of life with modern American stories that reflect our fans and consumers. We’re proud that our products are enjoyed by all and we celebrate that diversity whenever — and however — we can.”



ribbi
  • by Mary Beth Quirk
  • via Consumerist


uBurger King Introduces Top-Secret Sauce For Chicken Friesr


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  • (Burger King)

    (Burger King)

    You’ve surely heard the expression “secret sauce,” but Burger King is taking the idea a little further with their new dipping sauce for chicken fries. The sauce isn’t just secret: it’s so secret that it isn’t on the menu. Of course, it’s not so secret that the company isn’t promoting it on their Twitter and Facebook accounts, but some stores haven’t heard anything about it.

    The mystery sauce definitely is intriguing and a fun promotion for Burger King. We can solve the mystery for you, though: Brand Eating says that the sauce is a barbecue/honey sauce, similar to a sauce served at Chick-Fil-A.

    However, the sauce is so secret that some restaurants apparently haven’t heard about it. That’s the problem with a franchised business model: Burger King can tweet and Facebook about a new product or promotion, but if the supplies and the news haven’t reached restaurants on the ground, that leaves customers with a bad experience and hurts the entire brand.

    One aspiring sauce-eater on Facebook complained:

    I agree with what everyone is saying, called my local Burger King and the regional manager had no clue what I was talking about till I told him to look on BK’s facebook page, then he said he never knew this product existed. At least he said he was going to check into this.



ribbi
  • by Laura Northrup
  • via Consumerist


uLobster Prices Rising Just In Time For That Summer Feast You Were Planningr


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  • The summer fishing season is off to a slow start, which means American lobster prices are ticking up just in time for your vacation to the coast.

    Prices are up on average by about $1 to $2 over last year, according to Maine lobstermen and dealers, with lobster selling in the $6 to $8 per pound range to consumers, reports the Associated Press.

    It’s a classic case of supply and demand, of course — the fewer lobsters ending up in nets, the more people will have to pay to get their hands on one. Which of course means you could be paying even more for that over-priced lobster roll than you usually do.

    There’s some relief in sight, as lobstermen say the season picks up after most lobsters shed their shells and reach the legal harvesting size, something that hasn’t happened yet.

    Timing should be right for a mid-July shed followed by a boom in catch, said Tim Harkins, president of the Maine Lobster Dealers Association.

    “Everyone I’ve spoken to expects to see new shell lobsters after (July) 4th,” he said, adding that prices will likely come down when that happens.

    The lesson here? If you’re going to gorge on a lobster feast with all your friends and family, you might want to wait until later this summer.

    Lobster prices rise as summer season gets off to slow start [Associated Press]



ribbi
  • by Mary Beth Quirk
  • via Consumerist