The CFPB Continues to Propose a Rule to Ban Medical Debt

The Consumer Financial Protection Bureau (CFPB) has proposed a rule to ban medical debt from credit reports. This has led to frustration among collectors and financial services firms. The proposal aims to help families recover from medical crises, prevent debt collectors from coercing people into paying bills they may not owe, and ensure that creditors do not rely on data that is often inaccurate. The CFPB's research shows that medical debt has little predictive value in credit decisions, and the data inaccuracies in medical debt reporting can erode the utility of the credit reporting ecosystem. Some collectors have already been moving away from reporting medical debt to credit agencies due to concerns about data integrity and their ability to comply with the Fair Credit Reporting Act

Consequences

The potential consequences of the CFPB's plan to ban medical debt from credit reports are a subject of debate. Collectors and financial firms claim that the proposal would restrict lending, raise borrowing costs, and result in more denials of credit to consumers. They argue that hiding medical debt from credit bureaus would further reduce credit scores' utility as a proxy for a borrower's ability to repay, which they believe doesn't benefit anyone.

The potential consequences for consumers are still uncertain and will likely depend on the outcome of the CFPB's proposal and any subsequent changes to the credit reporting system.

Arguments

The arguments against the CFPB's plan to ban medical debt from credit reports are primarily related to the CFPB's funding structure and the potential impact on the credit reporting system. The CFPB's funding mechanism, which allows it to request funding from the Federal Reserve instead of Congress, has been the subject of a legal challenge. Critics argue that this funding structure insulates the CFPB from congressional oversight and that the agency's actions, including the proposed rule on medical debt, could be called into question if the funding mechanism is found to be unconstitutional.

Efforts

CFPB research found that 58 percent of all third-party debt collection tradelines were for medical debt, making medical debt the most common debt collection tradeline on credit records in 2021. Last March, the big three credit reporting conglomerates, Equifax, TransUnion, and Experian, announced that they would stop reporting some, but not all, medical bills on an individual’s credit report. Large credit scoring companies are moving to models that completely or partially exclude medical bills, though many creditors still rely on older models that haven’t made that shift. VantageScore, an entity owned by the conglomerates, has stopped using medical debt in its scores entirely.

Last April, Vice President Harris launched an all-of-government effort to address the burden of medical debt, and to increase consumer protections around billing and collections. At the time, the Consumer Financial Protection Bureau issued a bulletin to prevent unlawful medical debt collection and reporting in light of the No Surprises Act. The CFPB has taken many steps to ensure that patients are not being unfairly treated, particularly when it comes to coercive credit reporting and collection tactics.

Rohit Chopra, director of the Consumer Financial Protection Bureau, continues to defend the agency's proposal to prevent credit bureaus from considering medical debt in consumer credit scores

FCRA - The Fair Credit Reporting Act

The Fair Credit Reporting Act (FCRA) is a federal law that aims to protect the accuracy, fairness, and privacy of consumer credit information. It was enacted in 1970 and has undergone several updates since then.

The FCRA applies to credit reporting agencies (CRAs), lenders, and businesses that use credit reports to make decisions about consumers. The law regulates the collection, dissemination, and use of credit information, as well as the rights of consumers to access and correct their credit reports.

Under the FCRA, CRAs must follow specific procedures to ensure the accuracy of the information they collect and maintain. They must also provide consumers with a copy of their credit report upon request and investigate any disputes regarding the accuracy of the information in their reports.

The FCRA also limits who can access a consumer's credit report and for what purposes. For example, employers must obtain written consent from job applicants before accessing their credit reports, and landlords must provide notice and obtain consent before accessing a tenant's credit report.

Another critical aspect of the FCRA is the requirement for CRAs to maintain reasonable procedures to ensure the confidentiality and security of consumer credit information. This includes implementing safeguards to prevent unauthorized access to credit reports and promptly notifying consumers in the event of a data breach.

Overall, the Fair Credit Reporting Act serves a vital role in protecting the rights of consumers and ensuring the accuracy and privacy of their credit information. To make informed credit decisions, lenders and consumers must understand their legal rights and responsibilities.

Trans Union Fails to Stop Cento Law

Yesterday the Seventh Circuit Court of Appeals ruled in our favor and against Trans Union's efforts to block us from representing a consumer in a mixed file credit reporting case. Here is a link to the full opinion in Watkins v. Trans Union. In the coming days, we will be posting additional information about that opinion and the six year long saga which lead to this moment. For now, we are very pleased with the majority opinion.