A good credit advice agency can help you build a repayment program along with your creditors and show you better money management techniques to avoid debt down the road. However, many credit advice services take advantage of people who are usually financially vulnerable, so proceed cautiously.
The Federal Trade Commission Act forbids “unfair or deceptive acts or practices” of credit score improvement, debt negotiation or counseling agencies. Some states also have laws that make it illegal for credit service organizations to claim to be able to improve credit scoring.
Plus, in some states, credit guidance services must register with the state Attorney General’s office and acquire a surety bond to work.
Voluntary Certification and Accreditation
The National Foundation for Credit Counseling (NFCC) is an independent not-for-profit organization that creates voluntary principles for credit counseling agencies. The NFCC Council on Accreditation (COA) accredits over 4,000 credit advice applications that meet NFCC standards.
For being accredited by the NFCC, a credit advice agency should be recognized as non-profit by the IRS and have the proper local business licenses. To earn NFCC certification, a credit guidance program should also use adequate checks and balances to guard consumers, including:
- Auditing operating and trust accounts every year
- Offering consumer education programs
- Providing detailed reviews of consumers’ income and debts, and an assessment of how each consumer got into financial trouble, with a written action plan for reducing debt
- Disbursing funds to creditors at least twice a month, or sooner in emergencies
- Giving clients a financial statement at least once every three months
The Association of Independent Consumer Credit Counseling Agencies (AICCCA) is yet another national organization with similar standards.
You need to think one more time before joining a credit guidance agency that doesn’t fit in with either of these voluntary organizations.
Warning Signs
What should tip you off that you could be handling a less-than-reputable program?
Look for illegal fees, sometimes disguised as contributions. In the event the setup fees or monthly charges are incredibly high, they might eliminate any gain you could have made against reduced finance charges, and you’d bemore well off negotiating directly with the creditors.
Another warning sign can be outrageous claims to instantly repair your credit standing. Credit rebuilding is a gradual process, and it is illegal to attempt to improve your credit score by constructing a fresh, false identity.
You must also avoid advance fee loan scams, where you’re asked to fork over money to get a promised loan. Under the FTC’s Telemarketing Sales Rule, no one can legitimately ask that you pay before you actually receive a loan or credit. So be skeptical of any debt consolidation loan, get every detail on paper, and don’t give your bank card, banking account or Social Security information over the telephone or on the web.
Educate Yourself
The ultimate way to protect yourself against unscrupulous credit counselors is to:
- Check out the program’s reputation with your state Attorney General and local Better Business Bureau, and find out how long they’ve been in business
- Confirm with your creditors ahead of time that they will work with that particular company
- Understand exactly what services are offered, and whether those services address all of your debts
- Get the specifics of any monthly fees, and find out whether you’ll still be obligated to pay those fees whether or not you continue to participate in the program
- Get all promises in writing
- Read your written agreement carefully
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