#1 Consumer Comment
AUTHOR: Consumer Advocate - Scottsdale (U.S.A.)
SUBMITTED: Sunday, December 05, 2004
POSTED: Sunday, December 05, 2004
CEASE and DESIST ORDER ("ORDER") BY THE FDIC CASE # FDIC-02-035B
Cross Country Bank, a credit card lender to borrowers with bad credit, has been ordered to pay a fine for violating provisions of federal bankruptcy law that bar debt collection once a consumer has filed for court protection.
It's not the first time the bank has violated bankruptcy law, court records indicate.
A customer in Great Falls, Mont., won a $10,000 court judgement against the bank in June. Tina Louise Womack successfully proved that Wilmington-based Cross Country had continued to call her and demand payment for more than two months after her March 19 filing for Chapter 7 bankruptcy, documents show.
But the bank, which failed to show up in court, has so far refused to pay, said Womack's attorney, Randy Winner, who said his letter to the bank was returned.
Bank officials did not return repeated phone calls.
Under federal bankruptcy law, lenders are forbidden from trying to collect on debts once a bankruptcy petition has been filed. Courts have previously ruled that violations of the ban may be subject to punitive damages equal to three times the actual damages.
Most lenders stop collection calls as soon as they learn of a filing. However, consumers and industry experts say Cross Country is one of the more aggressive collectors.
Cross Country was sanctioned before in June 2000 by U.S. Bankruptcy Court in Iowa for violating the automatic ban. In that situation, the debtors provided evidence to the court of violations by the bank in nine other bankruptcies, according to court documents. The judge denounced the bank for failing on 15 opportunities to correct its files and cease collection efforts, even though it acknowledged receiving notice of the bankruptcy filings.
"That's a very serious allegation, especially when the bank is a professional collection agency," said Olha N.M. Rybakoff, Delaware's deputy attorney general for fraud and consumer protection. She said her office may investigate the bank's postbankruptcy collections, which she said would be considered a form of consumer fraud. "They should know better," she said.
Cross Country, which targets borrowers whose credit histories disqualify them from getting traditional credit cards, has been thrust into the legal spotlight in the past year. Besides the lawsuits, it also was placed under growth restrictions in July 2002 by its federal bank regulator, who cited "hazardous lending and underwriting practices."
The bank has been assailed by angry customers online and in thousands of complaints to federal and state regulators. The attorneys general of New York, Minnesota and New Hampshire have sued to force the bank to stop harassing customers in its marketing and collection efforts, and other states are investigating it.
The bank and Applied Card Services, a Glen Mills, Pa.-based servicing and collections company that works exclusively with Cross Country, are both owned by Wilmington native Rocco Abessinio. Applied Card was founded in 1987, while Cross Country was launched in 1996.
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WHERE IS THE PUBLIC PROTECTION and JUSTICE??
LEGAL ACTIONS and INVESTIGATIONS FILED:
STATE OF ILLINOIS - STATE OF NEW HAMPSHIRE
U. S. DEPARTMENT OF JUSTICE - 800.421.6770
CLASS ACTION LAWSUITE - ORANGE, CALIFORNIA
MS. LYNNE GOTTESBUREN
CONSUMERS AFFAIRS SPECIALIST
FEDERAL DEPOSIT INSURANCE CORPORATION
CONSUMER RESPONSE CENTER
DIVISION OF SUPERVISION and CONSUMER PROTECTION
2345 GRAND BOULEVARD - SUITE 100
KANSAS CITY, MISSOURI 64108
(FDIC) FEDERAL DEPOSIT INSURANCE CORPORATION
ATTENTION: MR. DARYL P. STUM
REGIONAL DIRECTOR
20 EXCHANGE PLACE
NEW YORK, NEW YORK 10005
CEASE and DESIST ORDER ("ORDER") BY THE FDIC
CASE # FDIC-02-035B.. - That on May 15, 2002.. The Bank Consented to the issuance of an ORDER TO CEASE and DESIST
("ORDER") BY THE FDIC..
The FDIC considered the matter and determined that it had reason to believe that the BANK had engaged in unsafe or unsound banking practices, and had committed violations of law and / or Regulations.
The FDIC, therefore, accepted CONSENT AGREEMENT and the following ORDER TO CEASE AND DESIST.
IT IS HEREBY ORDERED THAT THE BANK, ITS SUCCESSORS, ASSIANGS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND OTHER "INSTITUTION - AFFILATED PARTIES" AS DEFINED IN SECTION 3(u) of the Act, 12 U.S.C. & 1813(u),
CEASE and DESIST from the following unsafe or unsound banking practices and violations as set forth, (see enclosed)
AS OF THIS DATE WHAT HAS HAPPENED TO THE ENFORCEMENT, of the CONSENT AGREEMENT this ORDER and from the submission by June 15th, to the Regional Director, for review and approval, of a CAPITAL PLAN in COMPLIANCE with 12 C.F.R. Part 325 of the FDIC'S RULES and REGULATIONS
this specific plan is to be achieved September 30, 2002, and thereafter maintained.
That within sixty (60) days from the effictive date of the ORDER, being July 15, 2002, the BANK's BOARD OF DIRECTORS shall cause to be undertaken and in-depth analysis and review of the Bank's managerail requirements and cause to be provided a written report to the REGIONAL DIRECTOR regarding the Bank's management needs. THE BOARD OF DIRECTORS' review and report shall, at a minimum, assess the sufficency of BANK management, in to comply with the requirements of this ORDER.
(See Enclosed).
The Bank's BOARD OF DIRECTORS' has the ultimate responsibility for the proper and sound management of the Bank a complete copy of any submission shall be forwarded to:
(FDIC) FEDERAL DEPOSIT INSURANCE CORPORATION
RISK MANAGEMENT and APPLICATION SECTION
ROOM 5092
550 17th. Street N. W.
Washington D. C. 20429
MR. ROCCO A. ABESSINIO
CHAIRMAN - PRESIDENT - CEO
APPLIED CARDS
CROSS COUNTRY BANK
800 DELAWARE AVENUE
WILMINGTON, DELAWARE 19801
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CROSS COUNTRY BANK
WILMINGTON, DELAWARE
BOCA RATON, FLORIDA
800.334.3180 - 302.326.4200
MR. JAMES M. DOUGHERTY - SENIOR VICE PRESIDENT
MR. PAUL C. SELTZ - EVP - CFO - SECRETARY
MR. EDWARD F. McKENNA - EXECUTIVE VICE PRESIDENT
MR. DENNIS C. FISH - Executive Vice President - Marketing
MR. STEPHEN F. McSORLEY - Senior Vice President - Controller
MR. ALAN C. SHEPPARD - Senior Vice President - Audit
MS. MARY D. COOL - Senior Vice President - Deposit Operations
MR. DAVID M. LINDSAY - Senior Vice President - Credit Risk
MR. KEVIN S. MEYERS - Vice President - Financial Analysis
MR. FRANK BORZIO - VICE PRESIDENT - COUNSEL
MR. MICHAEL T. EPISCOPO -VICE PRESIDENT - COMPLIANCE DIRECTORS -
1. ROCCO ABESSINIO
2. STEPHEN C. HERMANN
3. KATHKEEN M. JENNINGS
4. JOHN R. MALLOY
5. GORDON A. PFEIFFER
6. STANLEY J. POLING
7. CHRISTOPHER J. SCHARBO
STATE CHARTERED BANK
ORGANIZED: 1996
PROBLEMS
9 MONTHS - LETTER and DISPUTES
CREDIT CARD ISSUES
SDISPUTE AMOUNT OWING
LATE CHARGES then EXCESSIVE LATE CHARGES
EXCESSIVE FINANCE CHARGES
STATEMENT BILLING INACURATICES
REPORTING INACURATICES TO THREE (3) CREDIT BUREAUS
FILE COMPLAINT / INVESTIGATIONS with:
(FDIC) FEDERAL DEPOSIT INSURANCE CORPORATION
DIVISION OF COMPLIANCE and CONSUMER AFFAIRS
WASHINGTON, D. C. 20429
(FDIC) FEDERAL DEPOSIT INSURANCE CORPORATION
DIVISION OF COMPLIANCE and CONSUMER AFFAIRS
John P. Misiewicz - Regional Director
Janet Kincade - Senior Office Consumer Affairs
Kansas City, Missouri 64108