CONSUMER CREDIT EDUCATION & PROTECTION COOPERATIVE

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HOMEHISTORY OF CONSUMER RIGHTS LAWSTHE FAMOUS GALLMAN CASETHE CREDIT SERVICE ACTCREDIT REPORT & REPAIR

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John Kendrick  speaking about The Credit Services Act  at the Optimist Club of Havertown Pennsylvania shakes hands with President Bernard Romani  (1988)

 

       The Credit Services Act         

In the early 1980's  consumer's  who had problems with credit, collection agencies,   and credit reporting companies really didn't have to many options for help with credit problems. As if things weren't bad enough credit repair companies(most of whom were illegal) were taking advantage of consumers who needed help the most. The so-called "credit repair" companies would take consumers money with a false promise to repair their credit over a period of time (usually 6 to 18 months). Some of the cases could be repaired by simple proceedures,( which consumers could probably do for themselves if they knew the laws and how to exercise their rights).

But the more serious cases could not be repaired. These  were the cases that the credit repair companies assigned an 18 month processing time. This translated into about a year and a half,  which was just enough time for the credit repair companies to grab up as much as money possible and get  "outta town"  before any one got wise. Unfortunately consumers who had credit problems  were getting hit from all sides at the same time, with no help in sight.       

     

  Consumer Credit Education & Protection Cooperative took up the banner for the Credit Services Bill and promoted the legislation state wide through radio and TV public service announcements and a series of free credit education seminars. 

 The bill was stalled in the state legislature for a period of time but because of consumer pressure the bill was finally passed into  Pennslylvania State Law as The Credit Service Act No 1992 -150, and eventually became federal law as  The Credit Repair Organizations Act.

     

State Representative David P. Richardson of Philadelphia recognized  consumers need for help, and  in 1985 agreed to introduce legislation to regulate credit repair companies. The legislation was titled The Credit Services Act. The bill required any company selling credit repair services to consumers must be bonded. The credit repair company can not charge or recieve any fees prior to informing the consumer of their rights and the fact that consumers can repair their own credit.

The bill established standards of practices for credit repair companies, and provisions for protection of consumers who may buy their services. 

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Credit Counseling ..The Montgomery County Opportunity Board recently(1985) sponsored a credit counseling course at the Abington Library. Participating in  a series of citizen seminars, were Rodney Burrell and John Kendrick  of  Consumer   Credit Education and Protection Cooperative; Sandra Fields, Opportunity Board volunteer; program moderator  State Represntative Jon Fox, Rita Wiley, Opportunity Board Staff member and A. Melvin East Director. Mr Kendrick spoke about the Credit Services Act and how consumers can repair their own credit.  

The bill prohibited any credit service organization  from  making or counseling  or advising any buyer to make any statement which is untrue or misleading or use any untrue or misleading representations in the offer or sale of the services of a credit services organization. The company can not charge or recieve any fees prior to providing an information statement that shall include the following:

(1) a statement informing the consumer of their rights and the fact that consumers can repair their own credit.

(2) a detailed description of the services to be performed by the credit services organization and the total the buyer will have to pay for the sevices.

(3) the name and address of the surety company with which the credit services company is bonded and the buyers right to proceed against the bond  or trust account if they suffer damages from any action performed by the credit services organization.  

The credit services organization must provide  a written contract detailing all services provided including total costs charged the consumer, and the estimated date by which such services are to be performed, including a "right of recession" allowing the buyer to cancell within 5 days.