Article Highlights Problems Plaguing Structured Settlements

A recent article in The Washington Post by Terrence McCoy “How companies make millions off lead-poisoned, poor blacks” highlights the problems plaguing the structured settlement factoring industry, where recipients of structured settlements are often urged to “sell” their payment streams in exchange for lump sums of cash at steep discount rates.  Structured settlement protection acts which have been enacted by 48 states were designed to protect those seeking to sell their payments by providing court oversight and disclosures to sellers.  All 48 statutes that have been enacted require that the sale be in the “best interests” of the seller, taking into account the needs of his/her dependents. Unfortunately, many of the structured settlement acts are not doing a good job of protecting anyone. According to the Washington Post, one company has had 160 petitions before the same judge in Prince George Circuit Court in Maryland, with the petitions approved 90% of the time. Eric Vaughn, executive director of the National Structured Settlements Trade Association (NSSTA) is quoted in the article as saying “And these companies are getting around the intents of the law….And when that happens, people get hammered.” After the article appeared in The Washington Post, Attorney General Brian E. Frosh (D) and Maryland legislators vowed to tighten restrictions on transfers. While “best interests” may be interpreted differently by different courts in different states, it clearly cannot mean “self-interest” of the factoring companies. When factoring companies prey upon seriously injured individuals and consummate multiple transactions over a short period of time, something is clearly wrong.