Collector - May 2015

list. Now companies that provide services to people on the original list are being targeted. We know of data companies that supply data to people on the FDIC’s list and legal firms that do legal services for people on the list that are now being targeted.

Until we get Operation Choke Point stopped, everybody who is on that list and anybody who services businesses on that list is at risk.

Are there any more government reports coming out on Operation Choke Point?

We have requested an Office of the Inspector General report from both the Department of Justice and the FDIC, and both have agreed to do that. The FDIC has agreed to work with the inspector general as a result of our meeting with them back in January.

Those reports are coming out shortly, but it could be anywhere from one week to one year. When they do come out, I think they will be even more damning of what is going on in those respective agencies.

Will there be additional hearings about Operation Choke Point?

I know in the House and I’m sure the Senate there are still concerns about Operation Choke Point, so I’m sure there are going to be additional hearings, I just don’t know when they will be scheduled yet.

I know Congressman [Sean] Duffy is not happy with the results of his recent committee hearing.

The FDIC chairman, Martin Gruenberg, was not a very forthcoming witness, so Duffy may have a hearing where he brings in all the people who have been affected by

Choke Point to talk about what has
transpired, how it was handled by the
bank and how it was handled by the
FDIC or Department of Justice.

How can your legislation help efforts to stop Operation Choke Point, even if it’s not passed?

The legislation lays out a plan to, if nothing else, stop what [the FDIC and DOJ] are doing and give them solutions to solve the problem. But it also shows that we’re watching what goes on. We’re not happy, and we’re going to continue to be watchdogs.

I think we’re going to be able to get [the legislation] out of committee and get it to the House floor. We’ll see how far it goes.

But every time we have a vote, and the vote is against the bureaucracy, it sends another very intense message that Congress is not happy, and they’d better change what’s going on.

What can credit and collection industry members do to help your efforts to stop Operation Choke Point?

First, ACA International members can keep us informed about the actions of the Department of Justice and FDIC so we can help you push back.

Second, members need to educate their representatives in both in the House and Senate.

[ACA members] should already have a personal relationship with their representatives to begin with, and if they don’t, they need to get one.

I encourage them to sit down and
explain to [their representatives] exactly
what went on with your business. Tell
them how your business is getting ready
to be thrown out the back door solely
because of the industry you are in—not
because you were doing anything illegal
or causing the bank problems.

Those personal stories go a long way. It gets their attention.

Ask your congressmen and senators to support our bipartisan bill. Tell them there is legislation out there to solve this problem, and ask them to please sign onto it.

One of the problems we have is getting the kind of national notice on this situation that it takes to build the momentum required to push back. Each industry has to start getting engaged.

It’s getting the momentum now, but we need to continue to get media attention on this and make people aware of it. If you go talk to 100 people on the street right now, you won’t find one person who has heard of Operation Choke Point. That is problematic.