Posts Tagged ‘debt recovery services’

Identity Theft Laws That Retailers Must Respect

Thursday, July 29th, 2010

On November First of 2009, financial institutions and other creditors were ordered to comply with the Red Flag provisions of the Fair and Accurate Credit Transactions Act of 2003. The purpose of the Red Flag rules is to mitigate and prevent identity theft. Identity theft could be defined as any fraud involving people getting particular benefits by pretending to be someone else.

Broad in scope, the Red Flag rules definition of financial institutions is any organization engaged in insurance, banking, or similar activities, and a good amount of the definitions come with leeway to expand compliance demands. Any consumer account involving multiple payments or transactions that is offered to organizations can be subject to the rules.

The rules in a nutshell dictate that any creditor or financial institution that may be subject to a reasonable and foreseeable risk of identity theft should craft an identity theft prevention program in order to stay in compliance. These programs should include identification on any activity that may be seen as identity theft. They should pursue red flags that have already been identified, and should take action to prevent and mitigate theft. Finally, period review and updating of red flags are necessary to comply with the Red Flag provisions.

Additionally, the Red Flag rules state that an institution’s identity theft prevention program will be written and managed by senior company management. Training and overseeing this service are required.

Identity theft is an expensive and disparaging issue; business and consumer losses came to about $56.6 billion in 2005 alone. However when one thinks about how detrimental identity theft can be to a business, not complying with these regulations can be even more harmful and expensive. Potential losses, costly investigations, regulatory fines and potential lawsuits are all negative consequences of non-compliance. It seems as though their best bet is to follow the rules.

Mallory Megan works for Rapid Recovery Solution and writes articles on national collection agencies.

Buffo Collection Agency Owner Arrested By NY Attorney Genera Cuomo

Monday, July 6th, 2009

At a press conference Tuesday in Buffalo, N.Y., New York Attorney General Andrew Cuomo declared that his office has shut down a debt collection operation in Western New York that included at least 9 collection agencies owned by Tobias Boyland.

Cuomo said that his office executed search warrants on four of Boylands businesses and his residence early Tuesday morning. When investigators executed the warrant at Boylands home, they found a loaded gun, prompting the Erie County Sheriff to take him into custody. Boyland is a convicted felon and may face additional weapons charges in Erie County.

Boylands operation was featured heavily in a Dateline NBC segment that aired in March. Cuomo noted that a Dateline crew was present at one of the offices raided Tuesday. The attorney generals office alleged that Boylands operation harassed and intimidated consumers into paying old debts by threatening jail time as posing as police officers and worse. According to Mitra Hormozi, special deputy chief of staff to the attorney general, These are some of the worst tactics we’ve seen.

“Plain and simple, this company was run by people who lied, bullied and preyed on vulnerable Americans struggling to resolve their financial situation,” said Cuomo in a statement. “Pretending to be a police officer, threatening to throw consumers in jail - these practices are as despicable as they are illegal. My Office will continue to relentlessly root out these kinds of tactics and shut down unscrupulous companies that violate the rights of consumers across New York and the entire nation.”

Cuomo said that Boylands debt collection operations in the Buffalo region had been closed down, including offices performing under the names Central Resource Management, Final Claims Asset Locator’s, Final Control Asset Locator’s, Interchange Payment Solutions, Next Step Services, Portfolio Asset Assurance, Silverbay Services, and Teleport. In addition, 3 others, ” 2 with criminal records ” affiliated to Boyland were named in the suit.

The NY attorney generals office reported in May that it had closed out two collection agencies and subpoenaed 20 others in what they called a statewide investigation into debt collection companies. Less than a week later, the office said that it had come to a conclusion with three more collection agencies under investigation.

In June, Cuomo said that his office will continue to investigate the myriad deceptive practices that debt collection companies, debt settlement companies and others employ as a means to exploit consumers who are already down on their luck.

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