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For-Profit Debt Management TESTIMONY

HB 947/SB 646: Credit Regulation - Debt Management Services


Senate Finance Committee, House Economic Matters Committee

Maryland PIRG, along with other consumer advocates, has come to the legislature every year since the passage of the Maryland Debt Management Act.  The reason is always the same, to testify that in Maryland debt management should be limited to non-profit counseling in the same way that counseling for bankruptcy and reverse mortgages is by the federal government.

HB947 once again attempts to legislate for the inclusion of for – profit companies in the debt management licensing.  We ask that the committee report unfavorably on HB947. 

This year after the economic pain caused by the foreclosure crisis in America it is hard to image why anyone would want to bring the same economic model to a population who is already in trouble with their finances.  For-Profit debt management companies not only pay their employees a salary for debt management services but also a commission for selling debt management products.  Citizens who are already in debt and paying up to 29% interest on their carry over balances need to get out of debt as quickly as possible.  This model though does not emphasis that need, but rather pays employees commissions for selling product to debtors that may help them with the future but for the present slows down their progress in becoming debt free.

The current economic models project the time frame for a consumer that needs the service of a debt manager to come current with their debt, is years not months.  During that time the consumer needs to focus on the debt not product.  The incentives though are for sales not the successful completion of a payout by the consumer.   Maryland Consumer Rights Coalition believes that this is the wrong focus.

For- profit debt managers also have something that the non-profits do not and that is a marketing budget that can place their message on the electronic media when the greatest percentage of possible clients are viewing or listening.  Non-Profit debt managers do not have this luxury.  They advertise primarily through PSA/’s the time slot for these messages is either late night or early morning a time when a much smaller portion of possible clients will receive their message.  This ability to market in prime time will we believe negatively affect the marketplace as it currently exist and place additional negative pressures on the non-profits that have done the job so far.    

Finally, in financial counseling jargon this is a “want” not a “need”.  There is not now a need in the marketplace.  There is not a clamor in the marketplace for more counselors.  The current need is being met.  This is not housing counseling.  This is not financial counseling.  This is debt management and from all current measures there is not a need that requires filling.  There is only a want by a single for-profit organization.

For the above reasons we ask that you give an unfavorable report to HB947.