[{"description":"Setting the debt parking brake lfair November 30, 2020 | 12:14PM Setting the debt parking brake By Lesley Fair What are the biggest risks of parking? A dinged door? A bruised bumper? For consumers victimized by the pernicious practice of debt parking, the impact on their financial health can be devastating. And if you’re a debt collector who engages in debt parking, an FTC settlement with Midwest Recovery Systems suggests you could face law enforcement action for violations of the FTC Act, the Fair Debt Collection Practices Act, and the Fair Credit Reporting Act. Just what is debt parking? It’s the practice of placing purported debts on consumers’ credit reports without first attempting to communicate with the consumer about the debt. Some call it “passive debt collection,” but there’s nothing passive about the injury it can inflict. Consumers often don’t learn about it until a mortgage company, prospective employer, or other decision maker pulls their credit report and spots what appears to be an unpaid debt. With a house, car, or job in the balance, many people feel pressured to pay up – even though they may not actually owe the money. That’s the tactic the FTC says Missouri-based Midwest Recovery Systems and owners Brandon M. Tumber, Kenny W. Conway, and Joseph H. Smith engaged in. According to the lawsuit, since at least 2015, the defendants have reported to credit reporting agencies more than $98 million in bogus or highly questionable debts for payday loans, debts subject to unresolved fraud claims, debts in bankruptcy, debts in the process of being rebilled to consumers’ medical insurance, and even debts people had already paid. The FTC alleges the defendants continued to collect those debts even in the face of billowing red flags about their validity. In fact, when consumers were able to dispute the purported debts, the defendants have regularly concluded that between 80% and 97% of them were either inaccurate or invalid. That’s not surprising, given that many of those debts originated from certain payday lenders and others whom the FTC has sued for their own illegal practices. Here’s an example cited in the complaint of how the defendants used debt parking to help line their pockets with millions in gross revenue. When applying for a mortgage, a consumer was told that an outstanding medical debt of $1,500 had lowered his credit score, which threatened to put the kibosh on buying a house. He contacted the hospital where he supposedly owed the debt, only to be told that he owed just an $80 co-pay. In spite of that, the FTC says the defendants refused to remove the debt and threatened the consumer with a lawsuit if he didn’t pony up. His complaint was one of thousands that Midwest Recovery received. For people who work in the collections field, the pleading in this case merit a careful read. In addition to alleging the defendants made false or unsubstantiated representations in violation of the FTC Act and the Fair Debt Collection Practices Act , the complaint expressly challenges their debt parking tactics as an unfair practice under the FDCPA. The FTC says they also violated the FDCPA by failing to provide validation notices – one of the protections in the statute designed to ensure consumers have the information they need to dispute an invalid debt. Three other counts charge the defendants with violating the Fair Credit Reporting Act by furnishing information to credit reporting agencies they knew or had reasonable cause to believe was inaccurate, by failing to conduct reasonable investigations of disputes, and by failing to report the results of those investigations to consumers. The settlement suggests some takeaway tips for others in the collections ecosystem. Consumers’ credit reports are a NO PARKING zone. This is the first FTC case to address debt parking – and thus the first to challenge the practice as unfair under the FDCPA – but the message couldn’t be clearer. Debt collectors that park fake or","id":3201875,"source":"FTC USA Business Blog Posts","titre":"Setting the debt parking brake","url":"https://www.ftc.gov/business-guidance/blog/2020/11/setting-debt-parking-brake","pubDate":"Wed, 07 Oct 2026 14:05:06 +0200"},{"titre":"New FTC warning letters cite unsupported Coronavirus-related health and earnings claims","url":"https://www.ftc.gov/business-guidance/blog/2020/04/new-ftc-warning-letters-cite-unsupported-coronavirus-related-health-earnings-claims","pubDate":"Mon, 05 Oct 2026 08:07:08 +0200","description":"New FTC warning letters cite unsupported Coronavirus-related health and earnings claims sgressin April 24, 2020 | 12:44PM New FTC warning letters cite unsupported Coronavirus-related health and earnings claims By Seena Gressin The FTC is not the pen pal you want if you operate a multi-level marketing company but aren’t closely monitoring your distributors. In its latest round of warning letters, the FTC warns ten MLM companies that they are responsible for the claims made by their participants. The letters direct the companies to report within 48 hours what actions they’ve taken to stop their distributors from claiming their products can treat or prevent Coronavirus disease, that MLM business opportunity participants are likely to earn substantial income, or both. The FTC says that the health and earnings claims are unsubstantiated and therefore violate truth-in-advertising laws. The products at issue are not scientifically proven to treat or prevent COVID-19, the disease that Coronavirus causes. The FTC previously has sent warning letters to companies about their Coronavirus-related health claims, but the new letters are the first to also target claims about potential business opportunity earnings. The letters come at a time when millions of people are out of work and facing financial challenges as a result of the pandemic. MLM companies rely on a network of independent distributors, sometimes called business opportunity participants, to buy and resell their products, often through direct person-to-person sales or online. MLMs typically offer participants a cut of the sales made by people the participant recruits to invest in the business opportunity. The new recruits then try to sell the products, and try to recruit more people to do the same. Most people who join MLMs make little or no money. According to the FTC, distributors of the MLM companies receiving the letters have posted promotional messages on Facebook, Instagram, and other social media sites. Health claims the FTC letters cite include: “STAY SAFE!! MAKE YOUR IMMUNE SYSTEM STRONG!!!” Standard coronavirus protection kit . #antiseptics and #immunity_support.” “HOW WILL YOU FIGHT OFF CORONA? USE NUTRABURST-CHAGA- .... #coronacure #coronaprevention ... #immunesupport #immunebooster ... #immunesystembooster” “Got the coronavirus heebeegeebees? Boost your immunity with this amazing deal!!!!” “... If interested to learn more or obtain oils or rollers Let me know A little extra protection can help #doterra #NursesCOVID19 #Dialysis #ImmunityBoosters #ImproveRespiratoryFunction” Earnings claims the FTC letters cite include: “...Living in quarantine and where 14 million people applied for unemployment just last week ... I’ll stick with the opportunity to change people’s lives ... turn a small investment into six figures .... #arbonne ... #quarantine #2020” “Need to make extra money? Find it difficult to pay your bills? Were you laid off/ #fired? Be your own Boss w/doTERRA essential oils. Msg me to achieve financial independence #laidoff #unemployed #cantpaymybills #cantpaymyrent #student #sales #sidehustle #makemoney #stayathomemom.” “[E]veryone’s getting stimulus checks right now... There is no better investment you could do... Take that money that you’re about to get back... figure out a way to make this happen tonight.” In the letters alleging unsubstantiated health claims, FTC staff reminds the companies that, under the FTC Act, claims that a product can prevent, treat, or cure a serious disease require the support of well-controlled human clinical studies. Because “no such study is currently known to exist” for the advertised products, the FTC says the companies “must immediately cease making all such claims.” In the letters alleging deceptive earnings claims, FTC staff reminds the companies that under the FTC Act, “claims about the potential to achieve a wealthy lifestyle, career-level income, or significant","id":3197413,"source":"FTC USA Business Blog Posts"}]