NCO Group to Pay Largest Penalty

Note: Thanks to Nightstar at CRF for posting this info...

For Release: May 13, 2004

NCO Group to Pay Largest FCRA Civil Penalty to Date

http://www.ftc.gov/opa/2004/05/ncogroup.htm

One of the nationâ??s largest debt-collection firms will pay $1.5 million to settle Federal Trade Commission charges that it violated the Fair Credit Reporting Act (FCRA) by reporting inaccurate information about consumer accounts to credit bureaus. The civil penalty against Pennsylvania-based NCO Group, Inc. is the largest civil penalty ever obtained in a FCRA case.

According to the FTCâ??s complaint, defendants NCO Group, Inc.; NCO Financial Systems, Inc.; and NCO Portfolio Management, Inc. violated Section 623(a)(5) of the FCRA, which specifies that any entity that reports information to credit bureaus about a delinquent consumer account that has been placed for collection or written off must report the actual month and year the account first became delinquent. In turn, this date is used by the credit bureaus to measure the maximum seven-year reporting period the FCRA mandates. The provision helps ensure that outdated debts â?? debts that are beyond this seven-year reporting period â?? do not appear on a consumerâ??s credit report. Violations of this provision of the FCRA are subject to civil penalties of $2,500 per violation.

The FTC charges that NCO reported accounts using later-than-actual delinquency dates. Reporting later-than-actual dates may cause negative information to remain in a consumerâ??s credit file beyond the seven-year reporting period permitted by the FCRA for most information. When this occurs, consumersâ?? credit scores may be lowered, possibly resulting in their rejection for credit or their having to pay a higher interest rate.

The proposed consent decree orders the defendants to pay civil penalties of $1.5 million and permanently bars them from reporting later-than-actual delinquency dates to credit bureaus in the future. Additionally, NCO is required to implement a program to monitor all complaints received to ensure that reporting errors are corrected quickly. The consent agreement also contains standard recordkeeping and other requirements to assist the FTC in monitoring the defendantsâ?? compliance.

The Commission vote to authorize staff to refer the complaint and consent decree to the Department of Justice was 5-0. The Department of Justice filed this matter at the FTCâ??s request in the U.S. District Court for the Eastern District of Pennsylvania on May 12, 2004.

NOTE: The Commission files a complaint when it has â??reason to believeâ? that the law has been or is being violated, and it appears to the Commission that a proceeding is in the public interest. The complaint is not a finding or ruling that the defendant has actually violated the law.

NOTE: This stipulated final order is for settlement purposes only and does not constitute an admission by the defendant of a law violation. A stipulated final order requires approval by the court and has the force of law when signed by the judge.