Fees
A fee can only be charged for debt relief programs once the debt has been settled or reduced. Any debt settlement company is prohibited from charging fees for services upfront as part of the FTC amendments made to the Telemarketing Sales Rule.
Disclosure Requirements
Under Federal law a debt relief program must provide clear explanations of terms, price, and results. The company must explain any money or percentage of the outstanding debt a consumer may save or be liable for during the process of debt settlement or other debt relief programs. If non-payments are requested by the relief program mediator all consequences must be disclosed to the exact understanding of the consumer to avoid any miscommunication.
Tax Consequences
The government can tax savings found with debt relief programs. It is, in certain situations, considered income and therefore taxable. Credit card companies and other creditors may report to the IRS regarding settled accounts. Insolvency is one way to avoid tax consequences.
Debt Relief Fraud
The Federal Trade Commission has sued debt relief companies offering debt relief programs over the last couple of years. The FTC and IRS has investigated and found some debt relief programs to be fraudulent. Over 12 companies have been sued and at least half a dozen are still under review.
The IRS announced certain companies and law firms around the country offered debt relief scams on IRS taxes. Consumers are told, for an upfront fee, the company can provide tax relief regarding any savings made on debt.
Other debt relief scams have involved upfront payments and debt consolidation or debt settlement. A company will promise to reduce the payments by 50 to 70 percent. In a month or two, the creditors are calling debtors asking why they stopped payments and telling the consumer their loan is going to collections. The consumer is unaware of nonpayment believing the debt has been resolved.
Protection
Protection from debt relief is possible if the consumer researches the available debt relief programs and seeks government sanctioned assistance programs. Reviews can be used as one method of researching available relief programs.
Debt relief companies that ask for the following:
Upfront fees
Pressures consumers to make a contribution
Guarantees all unsecured debt will disappear
Stops communicating with the creditor and/or debtor
Tells a consumer to stop making payments
is usually an organization running a debt relief scam. Recognizing a scam or fraud is the main line of protection a consumer can have against fraud. Seeking a government backed organization or one with a Better Business Bureau (BBB) rating provides further protection against scams.
Claims may be filed should a consumer feel wronged. Claims must be filed through the police to establish a foundation for a court proceeding against the company.