American Fair Credit Council is TASC 2.0

The Association of Settlement Companies (TASC) was arguably the most embattled trade association during 2010. Nearly all of their membership routinely included many now banned practices as a part of their everyday operations. TASC is trying to forget all that bad press by “reinventing” themselves as American Fair Credit Council (AFCC). The question is, are they truly inventing themselves or is this simply a renaming ploy in order to ditch their dirty laundry?

Who was TASC?

TASC was a trade association comprised almost entirely of advance fee debt settlement companies. These companies had long track records of making false and deceptive claims, unfair advertising and failing to fulfill their promises. The abuses were so widespread that the Federal Trade Commission updated their Telemarketing Sales Rule in order to ban debt settlement companies from charging any fee prior to completion of a settlement through their plan.

Faced with the task of actually having to earn their fees, many debt settlement companies shut down operations. TASC membership took a huge hit as many of its members decided they would be unable to operate fairly and still turn a profit.

TASC attempted to publicly support increased regulations to “clean up” the debt settlement industry. They issued multiple press releases after the new regulations were issued in order to appear as a champion of consumer protections.

Who is AFCC?

It remains to be seen who AFCC is. If they are simply a rebadged TASC, then consumers will still be taken to the cleaners. If they are serious about keeping a long-term positive image, then they will actually require that their members adhere to best practices. They will actually kick out noncompliant members from their association if they want to truly be the consumer advocate that they are projecting as their new image.

However, if AFCC continues to support “ways around” the regulations rather than best practices, then the association will continue to fail the consumers that they claim to protect. Some of the ways around regulations that have been discussed prior include:

  • meeting clients at neutral locations to sign paperwork and avoid Telemarketing Sales Rule limitations
  • relocating offshore to evade U.S. protections and regulations
  • rent a lawyer agreements that allow for retainers for legal services, even though no lawyer actively works on the client’s behalf

These destructive practices have been discussed at TASC’s previous conferences. If AFCC embraces such foolery, then it will continue to fail to protect vulnerable consumers from fraudulent and deceptive practices performed by its membership.

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