New guidelines for the sale of consumer debt, issued Monday by the Office of the Comptroller of the Currency, detail the steps banks must take before selling charged-off consumer loans. Notably, the OCC plans to make banks responsible for performing due diligence on debt buyers before a sale.
Federal and state regulators increasingly have targeted debt buyers that violate consumer protection laws, but banks generally have not been held responsible for these companies' conduct.
The OCC's debt-sales guidance expands on and formalizes the best-practices guidance on debt sales that the OCC released last July. While the best practices were recommendations geared to large banks, the new guidance applies to all institutions regulated by the OCC, regardless of size.
The OCC expects banks to analyze the risks of consumer debt sales and provide accurate information to debt buyers. The guidelines also cover what types of consumer debt can be sold and specify the account information that banks must include when selling debt.
"Before a bank enters into a contract with a debt buyer, the debt buyer should be able to demonstrate that it maintains tight control over its network of debt buyers and that it conducts activities in a manner that will not harm the bank's reputation," the guidelines say. "Banks contemplating entering into a relationship with debt buyers should first assess the debt buyer's record of compliance with consumer protection laws and regulations."
JPMorgan Chase entered into a consent order last year for allegedly selling accounts that were incorrect or missing crucial information and accounts that had been paid or discharged in bankruptcy, as well as floating laws designed to protect military servicemembers. JPM neither confirmed nor denied these claims.
The OCC's investigation largely confirmed that there are serious problems with banks' internal controls over their consumer debt sales. It identified examples when banks "transferred customer files [that] lack information as basic as account numbers or customer payment histories" and when "banks gave debt buyers access to customer files so they could assess credit quality before the debt sale," in violation of privacy laws. It also found that banks sell debt without first investigating the buyers.
The OCC guidelines, in response to the identified problems, require that banks provide debt buyers with signed customer contracts, account numbers, copies of the last 12 account statements and the date, source and amount of the last payment.
It forbids banks from selling certain categories of debt that "fail to meet the basic requirements to be an ongoing legal debt" and to refrain from selling debt that poses compliance and legal risk, such as debt covered by the Servicemembers Civil Relief Act.