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The role of the OCC in the debt sales decisions of banks should be kept to a minimum, and the government should only intervene if there is evidence of fraud or abuse. However, given the close relationship between banking and government policies and the aim to regulate for the public good, the best practices outlined in the report may carry legal weight.
The report's best practices are met with criticism:
- The requirement of financial analysis of debt sales versus internal collection lacks an understanding of the actual value of debt.
- The identification of types of accounts not to be sold and the specification of quality standards for debt sales can be better dealt with through proper sales contracts.
- The roles and responsibilities in fair debt collection need clearer definition.
- Detailed documentation for accurate information is the best course of action.
- Bank documentation retention practices are best monitored by market forces.
- The due diligence requirements of third parties fall outside the jurisdiction of the OCC.
- The proposed oversight committee is difficult to implement for large banks with multiple departments.
- The debt buyer scorecards are deemed too simplistic.
- Limiting the resale of debt and the use of litigation would harm small-scale debt buyers and undermine the principle of honoring contracts. The suggestions in the report are seen as lacking private sector experience and driven by the government.