Collection agencies are almost as ruthless as the IRS. Collection
agencies are for-profit - solely driven by profit, and ultimately consumers are
paying the price. Collection agencies help companies receive outstanding money
owed to companies that they have been unsuccessful in collecting.
How Collection Agencies Charge
for Their Service
Collection agencies have various ways of charging for the work they do for clients. One way is through “debt buying” where the agency purchases the debt in whole from the original creditor. The collection agency purchases the debt for a significantly lower amount than the debtor owes, and the original creditor gets to write off the loss on their taxes. Once a collection agency purchases the debt, they contact the debtor and attempt to collect the debt, keeping the amount collected.
Collection agencies have various ways of charging for the work they do for clients. One way is through “debt buying” where the agency purchases the debt in whole from the original creditor. The collection agency purchases the debt for a significantly lower amount than the debtor owes, and the original creditor gets to write off the loss on their taxes. Once a collection agency purchases the debt, they contact the debtor and attempt to collect the debt, keeping the amount collected.
Agencies can charge a simple flat rate, a percentage of the debt
collected, a percentage-based fee - a percentage of the amount collected as
their fee up to 50% of the paid amount, a contingency fee - companies don’t get
paid until the debt is paid, fees can range from 15% to 40%; or fixed prices -
requires payment of a monthly fee for a specific period of time, i.e. $10/month
for one year.
Collection agencies calculate their fees based on the age the debt. The longer the debt has gone unpaid, the greater the fee that can be charged. The age of the debt can be calculated from the last day of activity on the account. A collection agency may charge an additional fee for their services such as background checks, filing fees, long-distance phone calls, mailing, court costs, etc.
How Collection Agencies are Paid
by the Department of Education
According to the 2014 Pounding Student Loan
Borrowers: The Heavy Cost of the Government’s Partnership with Debt Collection
Agencies, a report produced by the National Consumer Law Center’s Student Loan
Borrower Assistance Project, the Department of Education rewards the collection
agencies based on the total amount of money collected from student loan
borrowers, regardless of the harm caused to student loan borrowers and
regardless of legal compliance.
The Department of Education uses a scoring system to rate
collection agencies (referred to as contractors). The three contractors with
the highest score receive additional performance compensation, which can be up
to several million dollars a year for the top contractor.
Fees Charged
on Student Loans
Student loan borrowers are liable for costs of collecting
defaulted loans pursuant to the Higher Education Act and the terms of most
borrowers’ promissory notes. According to Department of Education’s web
site, “…The contractors earn a commission, or contingent fee, for any payments made
on those loans. The Department charges
each borrower the cost of the commission earned by the contractor, and applies payments from that borrower first
to defray the contingent fee earned for that payment, and then to interest and
principal owed on the debt. The
amount required to satisfy a student loan debt collected by the Department of
Education’s contractors can be up to 25% more than the principal and interest
repaid by the borrower.”
This method of applying payments is similar to using a debt
consolidation company where payments are applied to the fees first the
remaining amounts paid towards the principal and interest. Collection agencies receive
a commission on a student loan payment as long as the agency has been assigned
the file, whether or not payments were collected.
As of July 1, 2014, fees are limited
to 16% for rehabilitation of student loans. The limit is 18.5% for consolidation loans. The Department of
Education states that it waives the fees for rehabilitations on Direct Loans. In
July 2015, the Department of Education clarified that borrowers that enter into
repayment arrangements after default should not be charged collection fees.
However, this is not enforced.
Perkins Loans
collection fee limits are 30% of principal, interest and late charges for
first collection efforts and 40% for subsequent collection efforts. Collection charges on a defaulted Perkins loan repaid through
rehabilitation are capped at 24%. Collection
charges on defaulted federal Stafford, PLUS and consolidation loans is 19.58%
of the payment.
Federal Laws
Regarding Collection Agency Fees
Based on federal law under the Fair Debt Practices
Collection Act:
The addition of any interest, services fees, collection costs or
other expenses associated with the original debt is permitted when “such amount
is expressly authorized by the agreement creating the debt or permitted by
law.” 15 U.S.C. 1692f(1) [§ 808(1)].
Section 484A(b) of the Higher Education Act of 1965 [20 USC 1091b(b)] specifies
that borrowers who have defaulted on federal student loans shall be required to
pay "reasonable collection costs". Reasonable collection costs are defined in the regulations at 34 CFR
682.410(b)(2) as including attorney's fees, collection agency charges and court
costs.
The costs the Department of
Education impose on delinquent debtors includes: costs
associated with the collection of a particular debt, salaries of employees
performing Federal loan servicing and debt
collection activities, telephone and mailing costs, costs for reporting debts
to credit bureaus, costs for purchase of credit bureau reports, costs
associated with computer operations and other costs associated with the
maintenance of records, bank charges, collection agency costs, court costs and
attorney fees, costs charged by other Governmental agencies, the fee to pay the
agency for its collection services, commission rate paid to the collection
agency.
State Laws Regarding Collection
Account Fees
You CANNOT add
collection fees to accounts located in: Washington DC; Idaho; Louisiana; North Carolina; North
Dakota; Puerto Rico; South Carolina; Tennessee; Wisconsin, Wyoming; Guam (unless debt is over $25K); Hawaii (except for contracts by
University of Hawaii, or unless lawsuit filed); Missouri (unless consumer debts is over $1,000); Oklahoma (for consumer loans); Washington (for consumer loans); and West Virginia (except for student
loans).
If there is no state
law and collection fees are stated in the student loan contract, collection
fees are allowed for accounts in the following states:
Alabama; Alaska; Arkansas; Florida;
Indiana; Kentucky; Maryland; Mississippi; Montana; New Jersey; New Mexico,
Ohio; South Dakota; and Virginia.
If the state law permits
it, and fees are in the student loan contract that is based on the FDCPA, collection
fees are allowed in the following states: Arizona; California; Connecticut (limited
to 15% of the amount actually collected on the debt); Colorado; Delaware
(limited to amount actually incurred by creditor); Georgia; Illinois (amount
is not “unreasonable”); Iowa (“reasonably
related to actions taken by the debt collector”); Kansas (limited to 15%; Maine;
Massachusetts; Michigan; Minnesota (bearing a “relationship to
the actual costs of collecting on the account”); and Missouri (allowed only on consumer debts greater than $1,000).
The following states have
limits on the amount of collection fees allowed by allowing only for the
addition of only ACTUAL COLLECTION COSTS to the debt,
however some collection agencies take advantage of this loophole by adding the
collection fees upfront to the principal balance: Connecticut (limited to 15% of the amount collected); Delaware (collection costs recoverable
only to the extent they are actually incurred); Idaho (limited to 50% of amount collected); Kansas (limited to 15%); Nevada (collection fee must be either
added to principal balance by the creditor before assignment to collection, or
added to the principal by the collector and described as such in the first
written communication with the debtor); Utah
(collection fee cannot exceed the lesser of (a) the actual cost paid to
debt collector; or (b) 40% of the principal amount owed); Washington (only allowed on commercial
debts and amount cannot exceed 35% of the claim); West Virginia (only allowed on student loans with West Virginia and cannot exceed 33.33%
of principal amount).
