As the financial strength of some of the most prestigious banks crumbles, “debt Negotiation” keeps rising in popularity. However, Debt Free League would like to caution that many debt negotiation companies are abusing consumers. In recent years, there have been numerous complaints against the debt negotiation industry “charging consumers excessive fees” and “failing to reduce consumer’s debts as promised.”
In 2009, Illinois Attorney General Lisa Madigan, whose office over the past few years has received more than 12,000 consumer complaints regarding debt and credit issues, sued Credit Solutions of America (CSA) alleging the debt negotiation company falsely claimed that its services can help to reduce consumers’ credit card debt by 50 percent.
In the Attorney General’s lawsuit, she contends the debt negotiation company “continually failed to negotiate with consumers’ creditors” and that “as a result of CSA’s failure to take any effective debt settlement action on behalf of consumers, creditors frequently sue consumers to collect on the outstanding balances.”
The debt negotiation company also “charged an upfront fee of up to 10% of the consumer’s debt and when they settled one of the consumer’s accounts, then they charged a settlement fee of 13% of the amount by which they were able to reduce the consumer’s debt.” Ouch!!! How would these poor consumers manage to get out of debt after paying a ridiculous 23 percent in fees?
Additionally, Madigan filed a lawsuit on Debt Relief USA alleging that despite its promise, the company “failed to negotiate substantial reductions on most consumers’ accounts” although no company can legally make this guarantee.
While recently surfing the web, we came across one of the most absurd guarantees. It’s the “$25,000 GUARANTEE” offered by Rise Above Debt Relief out of Frisco, Texas. Incredibly, this debt negotiation company guarantees that people who enroll in their program will save money and receive a total average savings of 30%, or they will pay them “$25,000 in cash!” Now, that’s a crazy, insane offer just on the basis that there’s no guarantee any creditor will agree to negotiate with this company.
Sadly, if you look around, you will see many other companies making similar promises. But, until the state Attorney General or the Federal Trade Commission step in, these undeliverable promises and guarantees won’t stop!
Thankfully, action is under way…
The Federal trade Commission, which has fined numerous debt negotiation companies for “guaranteeing to settle a debtor’s unsecured debt for a specific percentage, recently received a collaborated letter from the attorneys general of 40 states, requesting for the Federal Trade Commission to impose stricter regulations on companies offering debt relief services. The letter to the FTC involved attorneys general from Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Guam, Hawaii, Idaho, Illinois, Iowa, Kansas, Maine, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, North Dakota, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Vermont, Washington, West Virginia and Wyoming.
In closing, remember that there are both good and bad debt negotiation companies. But you must know what to look for in weeding out the bad ones. Legitimate ones do not make debt reduction guarantees. However, they can realistically have a 50% average settlement track record. The actual settlement percentages depend on various factors and actions taken by creditors.
Another approach to find a good debt negotiation company is to ask for proof of their actual debt settlements. The company should be able to provide you with a copy of a recent debt settlement letter, preferably a debt settlement letter of one or more creditor accounts that you plan to enroll.
Here’s an example…
At the website of the you can view various debt settlement letter examples on debt settlements that Debt Free League has reached not only with some of the nation’s top creditors, but also with debt collection agencies, and debt collection attorneys. Note: The actual results will vary depending on a number of factors.
Many companies outsource debt negotiation. But a legitimate debt negotiation company can provide proof of actual settlements via an authentic debt settlement letter bearing their name. If a so called “debt negotiation company” does not have experienced debt negotiators, you should think twice about enrolling with them.