We’ve heard varying sentiments about the November 8th election results. Behind the scenes, many in the debt collection industry are excited and happy for them. They believe a Trump presidency will put an end to regulation in debt collection, and put the industry “back in business”. This is a short sighted view, focused on the wrong drivers of change for the industry. Debt collection and President Trump may not be the great allies some believe they will be.
No administration can side with debt collectors
First, to put the industry back in business, debt collectors’ well being has to be on the new administration’s mind. Doing so will put it at odds with consumer advocates across the nation. It isn’t just about complying; the industry isn’t measured by its average, law abiding debt collector but by the most horrendous abuse stories one can dig up – and digging those up is still too easy. On the list of battles to take and industries to fight for, debt collection will easily take a back seat.
Deregulation is a rocky road
Second, undoing regulatory impact on the debt collection industry is a complex process. It will require not only dismantling the CFPB and halting all regulatory and supervisory activity, but also reversing the FCC’s TCPA ruling. While handing the FCC ruling might be doable, assuming public sentiment is amenable, it will take a while to implement. The CFPB is much trickier: as the CFPB is asking for a rehearing in the PHH decision, it is unclear whether Trump will be able to impact the identity of the head of the agency until 2018. This means that the debt collection rule will materialize – not the least since debt collectors themselves want clarifications regarding using technology in debt collection. Even if all of the above happens without any roadblocks, CFPB supervisory activity won’t go away; consumer protection is an important goal for every administration.
Compliance isn’t the most important factor
Finally, although regulation gets all the attention, it is far from the most impactful factor in the future of debt collectors. No regulation will reverse the shift in consumer behavior. Consumers will keep disregarding phone calls and letters. They will continue preferring online and self-service portals. Their behavior will continue to shift away from the industry’s standard mode of operation, calls and letters. It is this reality that creditors and collectors must grapple with, instead of fixating on speculation about the future of the CFPB. It’s a generational shift like no other, and it is stronger than any government agency or wishful thinking. Ignore it at your own peril.