The Federal Trade Commission caught Equifax, one of the three major credit reporting companies, selling their lists of homeowners who made late mortgage payments to a third-party direct marketing specialist. This violates the Fair Credit Reporting Act, and is also about the sleaziest thing you can do – profiting off the financial difficulties of others.
Today, the Federal Trade Commission announced a settlement with Equifax over allegations that between 2008 and 2010 the consumer reporting agency had improperly sold lists of consumers with late mortgage payments to a company called Direct Lending and its affiliates.
Equifax is alleged to have sold around 17,000 separate lists containing sensitive information — including credit scores and how delinquent the consumer was on their mortgage payment — on millions of U.S. consumers during this time.
Direct Lending was actually the go-between buying the lists and then selling them, presumably at a profit, to marketers. There exist some products that homeowners with late mortgage payments would be susceptible to purchasing, none of them particularly good for them, I gather. In particular, the marketers pitched the borrowers on loan modification and debt relief services, which borrowers can obtain for free on their own. These are precisely the type of loan mod fraud scams that the Justice Department has just gotten around to prosecuting. Many of the companies that bought the lists from Direct Lending are under investigation themselves.
Two of those third parties, Nova Key LLC of Maryland and Mason Capital Group LLC of California, allegedly misled struggling homeowners into paying costly upfront fees to secure loan modifications from their lenders, then failed to deliver the modifications as promised, the complaints state.
Equifax will pay $393,000 and Direct Lending $1.2 million to settle the charges with the FTC. Predictably, Equifax will not have to admit or deny wrongdoing in the settlement, even though the FTC alleges they knew about how Direct Lending re-sold their lists to marketers. That’s just the way the world works now.
I don’t see how you can view what Equifax did here as anything but aiding and abetting a crime against consumers. That’s apparently not enough to get legitimate accountability these days.





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No admission of wrongdoing.
No criminal charges.
No individuals held accountable for anything.
Just a $1.6 million payment to the FTC. Just another cost of doing business in the financial world. Alas, this quarter’s books won’t look as good as they might have otherwise, but these things happen.
True. But I don’t see how you can view what the FTC did here as anything but aiding and abetting a crime against consumers, either.
Can you say “regulatory capture?” Sure you can . . .
How in hell is the fine $393k?
In the construction industry, if you get caught doing a job without a license, the fine is three times the value of the project and loss of license.
How does this crime not merit treble damages at the very least? Why are they allowed to profit from their crime?(rhetorical)
Let’s see . . .
getting out pencil and paper
$1.6 million for 17,000 separate instances of improperly sold lists comes out to a fine of . . . $94.12 per list.
Yeah, that’ll put a stop to this kind of abusive behavior.
I supposse that will be one of the big things the Obama/Holder administration will be remembered for. THAT cost him my vote.
I agree. That’s ridiculous.
Why didn’t they just round it up to $95.00???? Go figure.
and, no community service???? Shit!
Elizabeth Warren might have some stern words about this, and what to do next. Scott Brown, I think, would hem and haw trying to sound awfully “reasonable” as always.
Maybe it can come up in their next (final) debate on Oct 30th.
I am tired of reading this phrase, and done voting for Democrats.
The hell of it is, they will probably be able to deduct this from their nonexistent taxes as a ‘business expense’.
Forward!
Proof positive that Corporations are NOT people! If they were, Equifax would be serving 20 years, unless they had the misfortune to be located in Texas, where the sentence would most assuredly be draconian.
Corporate are granted de facto immunity out of hand to any true repercussions for their overtly illegal conduct, while little people are “punished” severely for the most minimal “victimless” transgression. This has passed the point of ridiculous. I suppose one cannot send a criminal business enterprise to a for profit prison-such things would cause “uncertainty” among entrepreneurs, which as we know, is bad for investors.
Corporations are a legal fiction that allow people who own the shares to limit their liability or risk to the amount of money they invested in the shares. The law (back in the rule of law days) would not allow Corporations to assert this limit if it was determined that the Corporations were using this limited liability as a sword rather than a shield. The Courts would lift the veil of the Corporate entity and make the owners personally liable for the fraud or bad acts.
Venue-shopping much?
How is this “Trade” when in fact consumers were directly affected?
Shouldn’t this have been under the auspices of the Elizabeth-Warren-midwifed Consumer Financial Protection Bureau? Why were the miscreants allowed to get their hands slapped by the “Trade” agency instead of the one created to protect consumers?
I wonder.
The answer to that is in Wall Street and Wash. D.C. where they think Corporations are people but consumers not so much.
The credit reporting companies are the embodiment of sleaze as they are one of the colluding parties in the records blackmail racket targeted at individuals in a manner no different than the bond rating agencies target corporate and national entities when they make sh#t up and launder it through corporate media. The multinationals were spun off from war profiteers‘ asset-stripping operations as one of the levers to implement the “managed market,” vulture capital dynamics and “papers please” society. They should be x-nayed along with the bond ratings agencies.
Tangential– The predations on the public go one step further with the Fed privatizing the servicing of FOIAs:
Transparency Outsourced as U.S. Hires Vendors for Disclosure Aid | Bloomber,Com, by Danielle Ivory – Oct 8, 2012 5:00 PM PT
This is the next step towards shoving the records into a shredder but for private profit like the banks were allowed to do on the land chain of title via MERS.
If someone (or a lot of someones) could find out if their name was on one of those lists, could they sue Equifax?
The worst thing you can do is profit from the financial difficulties of others? LOL, a lot of our system is based on doing exactly that.
Creating the financial difficulties of others is far worse. And, for that, we have things like legislatures, hospitals and health insurers.