Archive for the ‘scams and frauds’ Category

Unemployed? Getting U.C. on a prepaid debit card? Watch out!

Thursday, February 19th, 2009

You may also be getting something else:  Assessed bank fees simply trying to access YOUR money.

This Associated Press report (via. the  ‘Clarion-Ledger’ [Mississippi]), Jobless hit with bank fees on benefits” (“Fair Use” claimed) tells of the unpleasant “surprise” some unemployed people have discovered when they try to use the “convenient” cards, or even ask the bank via. phone how to use them!

One unemployed engineer–Arthur Santa-Maria from New Mexico–found out the hard way just why banks such as Bank of America (B0A) have found these contracts with several states to administer the unemployment benefits via. prepaid debit card attractive:

[H]e was issued a Bank of America debit card …was surprised to learn he had to pay fees to get his money. He asked the bank to waive them. It said no. That’s when Santa-Maria called back to ask how to check his account online. He logged on and saw that the call cost him a half dollar. To avoid more fees, Santa-Maria found a Bank of America ATM at a strip mall and withdrew $80 at no charge… [H]e decided to take out the rest of his money — $250 — and deposit it in his bank account.

Afterward, Santa-Maria logged on to his account and saw a charge of $1.50 for two withdrawals in one day.

Nice:  He gets charged to call them to ask how to use the thing.

Then he gets charged to get his balance on-line.

Then, to add insult to injury?  Mr. Santa-Maria gets dinged an additional penalty fee for making two withdrawals in one day!  And was his bank BoA?  If so, that was adding insult to injury.

Avoid this expense by “using the card in the right way”?  Not so easy:  Since many an expense cannot be paid with a debit card–such as the rent and utilities–and a single benefit payment (benefits are generally paid by the week) is likely less than the amount of the biggest bills over the course of a month which necessitates multiple withdrawals and re-deposits into an existing account, either at that bank or another one?   One can easily see the income potential for a bank like BoA.

But why would the states agree to a program that could be a political millstone around their necks?  After all, their unemployed constituents would not exactly be fond of being treated like little children–or welfare cheats–simply to get the unemployment benefits they are qualified for.

Unless…

A typical contract looks like the agreement between Citigroup and the state of Kansas… The state expects to save $300,000 a year by wiring payments to Citigroup …

Citigroup’s bill to the state: zero. The bank collects its revenue from fees paid by merchants and the unemployed.

It’s cheaper to wire money in bulk and let the private sector take on the expense…and the opportunity to make a big profit…of distributing the funds to beneficiaries.   After all, issuing individual checks is expensive and states are not adverse to saving beaucoup bucks where they can.  New Mexico certainly does:

The state saves up to $1.5 million annually by not printing checks.

Are these fees necessary?  Not really; the banks are open to administering the distribution of the benefits if the states would just pony up those administration fees.

You can guess what the states will NOT do.  Nor will they necessarily think the current fee schedule is “unfair”:

Bank of America spokeswoman Britney Sheehan pointed out that the fees charged in New Mexico are similar to those charged in the 29 other states with unemployment debit cards.

How prevalent is the issuance of pre-paid debit cards as the medium for paying unemployment benefits?  Thirty states now use these debit cards for paying benefits; eleven are considering switching to debit cards from paper checks. (The rest use checks or direct deposit.)

[See the original graphic here .]

Are there benefits?  Maybe, if one is among the “unbanked”:

[T]he cards can save money for jobless workers who have no bank accounts. In the past, these people had to use corner check-cashing shops that charged fees as high as 2 percent, or $6 for a $300 check. Now, they can swipe their cards at McDonald’s, Wal-Mart or elsewhere for free

A bargain for these people?  Hardly:  It’s very unlikely that businesses will give “cash back” without a purchase or even with one.

This also overlooks the fact that many of these banks may not be located where the unemployed worker is or can get to and the ATMs they can access may not be in the “network”.  That means more fees, potentially to at least two different entities (the ATM owner and the issuing bank).  Since the average fee for a withdrawal at a non-network ATM is already substantial (it averages around $2.00 a withdrawal where I am located (CT)), the fess for using a check cashing service may well be cheaper than the fees tied to the use of the debit card over time.

Also remember that “pre-paid” debit cards do not allow for any sort of “overdraft” privilege so there are no additional costs to the bank for such transactions.  Or, do they prohibit overdrafts?  Perhaps not: Seems that such a logical conclusion–don’t allow overdrafts–may not be in the best interests of the bottom line of some banks:

Some banks even charge overdraft fees of up to $20 — even though they could decline charges for more than what’s on the card.

How nice:  Overdraft fees, too.

The only way to avoid all of this is to handle the debit card as if it were a paper check:

They also provide at least one way to tap the money at no charge, such as using a single free withdrawal to get all the cash at once from a bank teller.

And they claim this service is really for the “convenience” of the beneficiary? Since when is having to wait in line at a bank and then dealing with a teller (especially if the bank is not the one one has their account(s) at) “convenient”?

No…the reason for all of this bulldung is here:

Some banks…also make money on the interest they earn after the state deposits the money and before it’s spent. The banks and credit card companies also get roughly 1 percent to 3 percent off the top of each transaction made with the cards.

As an example, in Missouri, analysts figure the average recipient uses the card six to ten times a month:

…94,883 people claimed unemployment benefits through debit cards from Central Bank….If each cardholder makes three withdrawals at an out-of-network ATM, at a fee of $1.75, the bank would collect nearly $500,000. If half of the cardholders also dial customer service three times in any given week…the bank’s revenue would jump to more than $521,000. That would yield $6.3 million a year.

As Rachael Davis from St. Louis, MO, recently unemployed said to the AP [after she had to pony up $6.00 for two $40 transactions against such a debit card]:

“It’s a racket. It’s a scam.”

Need I say more?

——————————–

Leonard, Christopher, AP IMPACT: Jobless hit with bank fees on benefits”, The Clarion-Register, Mississippi, February 19, 2009.  Originally via the Associated Press; downloaded February 19, 2009 from http://hosted.ap.org/dynamic/stories/B/BANK_FEES_JOBLESS_BENEFITS?SITE=MSJAD&SECTION=HOME&TEMPLATE=DEFAULT

(“Fair Use” claimed for all quoted materials.)

What exactly makes assigning AU status legal? Or not?

Wednesday, March 26th, 2008

I may need to explain a bit more about the legality of assigning AU status:

1.) If permitted by the contract terms(note those words), an account holder can assign AU status to anyone. One is not limited to immediate family members or those who are employed by the account holder, as the case may be unless the credit contract agreed to by the parties specifically states otherwise.

While I personally see an account holder’s assigning AU status to anyone as being “risky” and its extension to family members/acquaintances as being an outmoded way to build credit (it’s still useful in business for staff access to the business’ credit lines), that does not mean such move is illegal. It isn’t…if it stops here…but…

2.) The illegal action (if NOT permitted by the contract terms) is SELLING and/or LEASING/SUBLEASING that access to a third party.

3.) The remarks I made, and have made in the past, pertain to Situation #2:

Leasing/subleasing/selling that AU status, either directly or through a broker, is the “no-no” if not expressly permitted under, and according to, the terms of the contract with the credit issuer . If such an action is not permitted outright or such original contract with the credit grantor is silent as to whether “selling” AU status is permitted? Then any such action is in breach of contract and can easily rise to charges of theft, fraud, and other crimes if the credit grantor would wish to pursue them.

At the very least, this situation would leave the account holder liable for the breach. That, in turn, could result in rate jacking, “calling” the loan (demanding immediate payment in full), and lawsuits. The third-party broker and the AU “for pay” would likely also end up in court and made to account for their actions by the original credit issuer (and possibly any other creditors who relied on the “tainted” credit reports to make credit decisions in the “AU for a fee”‘s favor).

Not a pretty picture, is it?

Someone is a bit defensive about "seasoned trade line" sales…and should be.

Tuesday, March 25th, 2008

But not for the reasons she thinks apply…

It seems that a certain barking beagle from WV is howling about “other sites” once again at a certain “friendly”, “professional” credit repair board. Her remarks in this post are rather, shall we say, “revealing” of a lot more than she might wish:

….I felt it was worth mentioning that the AU status and the selling of trade lines is what the main concern seems to be with other forums pro-FICO 08 crowd. Those people are making it out to be a shady dirty unethical way of improving your credit scores …

No, indeed it does not matter how anyone got into a mess…although it seems that someone is rather on the defensive here. Why?

Whether helping your scores by disputing a tradeline, by filing suit , or by buying a seasoned tradeline, no one here makes a judgment about the character of any guest or member here for doing what they feel they need to do.

Uh, look at what I bolded : Yes, it’s legal to dispute a trade line, to file suit (if a CoA exists)…but…

That “buy a seasoned tradeline” bit? I would say there are both ethical and legal questions to this one:

1.) Creditors did not consider such actions (a form of underground reselling of access rights to a credit line without owning such account, which is what an AU (authorized user) is) when drawing up the contracts offered.

2.) Therefore, the creditor is suddenly facing exposure to unplanned-for losses and definently do not get a “cut” of the proceeds. A risk they may not even know they have been exposed to until it’s too late.

3.) The owner of the “seasoned trade line”? All they “own” is access rights and concurrent liability for any monies borrowed under the terms of the contract as agreed to. Since the “selling” of the AU status (access without liability) was NOT part of the contract agreed to between themselves and the creditor, the debtor (account holder) has NO legal right to resell this access to anyone.

4.) By reselling the access without the consent of the creditor to do so, they then are not only in breach of contract but they are fraudulently collecting monies that they are not entitled to under contract.

That’s called “theft” and “fraud” around these parts.

5.) The reseller (the “seasoned trade lines” broker) is re-selling something that the seller did not have the right to sell to begin with. In other words, they are, for all intents and purposes, selling stolen property. In the vernacular, they are “fencing” the stolen goods. They are also receiving stolen property. (Yes, a debt is property.)

All of that is against the law, too.

6.) The buyer of the “seasoned trade line” is therefore an accessory to theft and a purchaser of stolen goods. And, no, one cannot argue lack of knowledge that the item is stolen…the buyer of the trade line goes into the deal knowing full well what they are buying and therefore has no defense in court AND is risking not only losing their money to “buy” the trade line, but fines, legal defense fees…and their not-so-hard-earned “repaired” credit!

Never mind finding themselves ending up on the wrong side of “breach of contract” and possible criminal fraud charges from every single creditor that the “repaired by purchase” trade line defrauded by presenting the debtor in a better light than they really deserved to be.

For a pittance. You don’t really think that a reseller such as our howling beagle’s CRO friend hands over the entire fee (or even the bulk of it) to the one who sold the AU access to the good trade line(s) they worked so hard to earn…do you? :wink:

FICO08 seems to be stymied…

Monday, March 24th, 2008

It seems that someone at “Infinite Credit” is not-so-secretly gloating over the apparent decision of some CRAs to tell “Fair Isaac” to “Take ‘Fico ’08″ and Shove It!”. Or, rather is it really their decision because they are being so “considerate” toward consumers? Or, is it something else:

…[R]ead the Equal Credit Opportunity Act. Not saying that the CRA’s won’t allow the model to be applied to their data (EX may) rather, only that the model is invalid as presented. Creditors may use it and if they do, I can foresee some litigation

The truth: The model may or may not be “flawed”–we don’t have enough information to know that and we won’t get it.

No matter, though: Fear of litigation is what’s stopping the CRAs from accepting “FICO08″. This has NOTHING to do with the validity–or lack of it–of authorized user status and really has nothing to do with the Equal Credit Opportunity Act, either. The reason I say this is simple:

AUs are NOT parties to the credit contract, but are simply given permission to access the credit line as proxy for the account holder(s) by the account holder (owner) AND the creditor is willing to accept this proxy access as part of the contractural terms.

There is NO law that requires any creditor to allow for such proxy access. All the ECOA does is require that everyone have the same opportunity to access credit in their own name.

“Equal Credit OPPORTUNITY” does NOT equal the opportunity to go “piggybacking” on the account of an actual party to the contract…no matter how the ‘piggybacking’ is justified. The fact that some family members who might benefit from this process would lose out if the AU status is “deep-sixed” by creditors is of no importance here.

The ECOA also does NOT require that this status and its benefits continue to be made available forever to those who already have it. In other words, AU status can be revoked, as long as it’s taken away from everyone!

So where’s the ‘beef’? Everyone suffers equally…Oh…someone’s “seasoned tradelines business” might suffer just a bit if FICO08 did manage to take hold? :grin:

CRA's are a business…and they can change their business model whenever they want!

Sunday, December 16th, 2007

And those who don’t change will be left behind to sweep up the elephants’ ‘leavings’. Responses by a user named “Oracle” to this thread at “CreditNet” is a direct statement as to why nobody can presume that tactics in credit repair can ever be treated as “static”.

This comment from the thread refers to AUs, but could, with little change, apply to any entity on the “otherside”:

First, please understand that taking this question personally can lead to a misconception of what is really going on.With the sale of seasoned trade lines gaining attention in the credit reporting industry, the authorized user issue has moved to the margins of acceptability in their eyes. FICO and the CRAs are using their procedures to trap-out what they consider to be a gaming of the system. Expect more actions as they sort through what they see as attempts to beat the scoring models….

Never mind this expansion (in another post) in response to a user who feels the need to dispute this truth (who runs a CRO to boot!) and who should, frankly, know better. Why did this change occur?:

… Action – Reaction.They don’t like what’s gong on, so they change the way that it is done.

New ways need then to be developed to get around the revised procedures.

It’s a never-ending process.

Legal implications? The procedures are theirs. As long as the changes they make are not illegal; i.e., prohibited by law, then they are legal. …

[I]t is up to you to challenge them and provide the statutory rationale for your claim. …

My comment was that AUs have “moved to the margins of acceptability in their eyes.”

You have jumped to the conclusion that a questioning of acceptability equates to defining as illegal [the moves that the CRAs have made]…

If the results that an entity is seeing are unacceptable, they are perfectly at liberty to change how they go about business. If it impacts what you do or the money you can make, then it is up to you to respond — or react; your choice. Any whining is just that, whining.

It is an unfortunate choice to think that reality is static. One who does so tends to get overtaken by events. Assume that the CRAs and FICO won’t change, and you WILL be left behind.

Indeed, it seems that anyone with a lot to lose–and more of their share of “lazy bones”–love to “overlook” this unfortunate fact: Everything in life is dynamic, and responds to changes in the environment. That includes collectors…creditors..and those “naughty” CRAs. The response of the credit reporting industry to the overuse–and abuse for profit–of the Authorized User (AU) status is a clear example of this. If, as a result, to protect themselves and their clients, the CRAs demands enough information from the consumer to verify that person’s ID that the same person could just about qualify for a security clearance? Like it or not, that is the “logical” and “appropriate” response to abusers. Many of whom ARE, without a doubt, engaging in and/or benfiting from illegal activity.

So the choice remains for those on our side who don’t like the results: Change or Die!

Nothing will short-circuit that reality.