OCC Issues New Debt Sale Guidance

OCC Debt Collection Debt Buying

On August 4, the OCC issued Bulletin 2014-37, which provides new guidance on the application of consumer protection requirements and safe and sound banking practices to consumer debt-sale arrangements with third parties—e.g. debt buyers—that intend to pursue collection of the underlying obligations. The guidance goes well beyond the set of “best practices” the OCC provided last summer as an attachment to written testimony submitted to a U.S. Senate committee. For example, the new guidance establishes requirements to: (i) notify the consumer that a debt has been sold, the dollar amount of the debt transferred, and the name and address of the debt buyer; (ii) perform due diligence on the debt buyer down to the consumer complaint level; and (iii) provide the debt buyer with the signed debt contract and a detailed payment history. The bulletin also requires sale contracts to include limitations on the debt buyer’s ability to litigate on an account and “minimum-service-level agreements” that apply whether or not debt buyers conduct the collection activities or employ other collection agents. The Bulletin specifies that certain types of debt are “not appropriate for sale,” such as: (i) debt of borrowers who have sought or are seeking bankruptcy protection; (ii) accounts eligible for Servicemembers Civil Relief Act protections; (iii) accounts in disaster areas; and (iv) accounts close to the statute of limitations.