Feds target Atlanta credit-card marketer CompuCredit in probe

Posted on June 10, 2008 11:55 by Andy Peters

The Federal Trade Commission and the Federal Deposit Insurance Corp. will seek more than $100 million in fines and restitution against Atlanta-based CompuCredit Corp. and affiliate banks, the Wall Street Journal reported Tuesday.

Kirkland & Ellis partner Pat A. Cipollone in Washington is advising CompuCredit on the matter, said FTC spokesman Frank Dorman.

CompuCreditCompuCredit said in a May 7 regulatory filing that it was in discussions with both the FTC and FDIC, the newspaper said. CompuCredit said in the regulatory filing that the agencies, starting in 2006, began investigating its "policies, practices and procedures used in connection with our credit card originating financial institution relationships. ... we expect to enter into settlement agreements with the FDIC and FTC limiting certain marketing, servicing and collection practices ... and requiring us to credit various fees to affected customers."

On Tuesday, the FTC said in a news release that it and the FDIC will charge an unnamed company with "using deceptive marketing practices and abusive debt collection tactics affecting consumers in the subprime market.” The Wall Street Journal said the charges will be issued against CompuCredit and the banks that issue CompuCredit's credit cards.

The FTC plans to file a suit in U.S. District Court for the Northern District of Georgia, charging credit-card-marketing and debt-collection companies with using deceptive practices aimed at borrowers with poor credit, the WSJ said. The FDIC plans to file administrative charges against CompuCredit.

On Tuesday, CompuCredit said that the charges it anticipates the agencies to file are "untrue and without merit."

"The credit card programs at issue complied with applicable laws and regulations," CompuCredit said in a statement. "In fact, the FDIC repeatedly determined over the years now at issue that the marketing materials fully disclosed fees and terms in compliance with consumer protection laws."

In 2006, CompuCredit and Synovus Financial Corp.'s Columbus Bank & Trust, which has issued CompuCredit’s cards, reached an agreement with former New York Attorney General Eliot Spitzer to pay $11 million in restitution to New York customers based on deceptive practices.

CompuCredit markets credit cards, under the brands Aspire and Emerge, to consumers with poor credit histories.


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Janet ConleyThe Deal Watch Blog is devoted to bringing you the latest news in business law in Atlanta, the Southeast and the U.S. The lead writer is Daily Report associate editor Janet L. Conley.

Janet L. Conley is an attorney who returned to journalism after practicing law with Akin, Gump, Strauss, Hauer & Feld in Washington and with the Georgia Legal Services Program in Atlanta.

During her tenure at the Daily Report, Janet, now the paper's associate editor, has covered law firm economics and management, business and federal courts. In 2007, she received the Georgia Associated Press Story of the Year award and the Atlanta Press Club’s Journalist of the Year award, both for small circulation newspapers, for "Green to Gold," a series of articles on how climate change will alter business and the law.

Janet has written for The American Lawyer magazine and the National Law Journal, among other publications. She also served as managing editor of GC South magazine.

Janet holds a journalism degree from Southern College and a juris doctor degree from the University of Pennsylvania. She lives in Decatur with her husband Mark Harper, also an attorney, and their three children.

She can be reached at jconley@alm.com.

Andy PetersThe contributing writer is Daily Report staff reporter Andy Peters.

Andy Peters has been a journalist since graduating from Furman University in 1992. A short list of the subjects he’s covered includes the Georgia state Legislature, the U.S. semiconductor industry, the Alabama-Florida-Georgia “water wars” litigation, the 1999 American Airlines pilots strike, Coca-Cola and PepsiCo’s battle to acquire the Gatorade sports-drink brand, indie rock music and high school football. Andy has written for Bloomberg News, the New York Times Web site, the Macon Telegraph, the Spartanburg (S.C.) Herald-Journal and the Atlanta Business Chronicle.

Andy has written the Deal Watch column for the Daily Report since March 2006. He was born in Chattanooga, Tenn. in 1971 and grew up in Ringgold, Ga. He lives in Decatur with his wife and two children.

He can be reached at apeters@alm.com.

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