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Notes from Don:
Thank you: I
want to thank everyone for the outpouring of support after my sister’s
unexpected death. Your concern made a
big difference for me and my family. We had a memorial service for Theresa and it a wonderful celebration of her life.
We received notes from many
people, some whom we have never met. It
helped us cope and was greatly appreciated.
Note about enclosed column: This is a
column I wrestled with writing, since I am in the structured settlement
business and did so much to try to reign in settlement purchasers a few years
ago.
Since I don’t have a vested interest in what
Wentworth does (I make the same amount of money whether people sell their
structured settlements or not) and have a perspective that other journalists
may not have, I believe it is an
important topic to address and one that I will revisit in upcoming weeks.
Today’s column was an
introduction to the problem. Future
columns will offer more specific solutions.
Welcome Back, Mr. Wentworth
“Welcome back, welcome back,
welcome back.”
-John B. Sebastian (The theme to Welcome
Back Kotter)
I’ve spent over 24 years in
the structured settlement business.
Structured settlement are a
financial planning tool and a way for
injured people to settle claims. Instead
of receiving a lump sum, they can
receive tax free payments over time. They can even receive payments for the
rest of their lives.
Structured settlements exist
to keep injured people from blowing
their money. They have other financial advantages, but that is their primary purpose.
I often write about lottery winners and encourage them to take annual payments instead of the “cash
option.” Too many people get a lottery jackpot and blow it.
Too many injured people take
cash instead of a structured settlement and blow that too.
If a person runs through
lottery winnings, they can go back to their old life. If an injured person runs through their
money, they can’t.
Because of my connection to lottery winners, I often have people say to me, “I hope I can be one of your
clients.” I tell them, “Pray that you
are never one of my clients. My injured clients have gone through hell to get their
money.”
They earn every dime they
get.
I want money to improve
injured people’s lives. That is why I love structured settlements. Structured settlements help people have a
normal life and keep them from running out of money.
Or so I thought.
In 1994, Mr. Wentworth
showed up on television telling people to sell him their structured
settlements.
Mr. Wentworth is not Mr.
Wentworth at all. He was an actor hired by a company called J.G. Wentworth.
J.G. Wentworth is a leader
in what is politely called the settlement purchaser industry. Kentucky State Representative Harry Moberly
had another term. In 1998, he called it a “sleazy industry” during a
legislative hearing.
Settlement purchasing is a
billion-dollar industry. Moberly called them sleazy, but he did not call them
stupid. They know how to make big bucks.
All it takes are slick ads and lots of injured
people.
Moberly sponsored legislation
for reigning in abuses by the industry.
Almost every state and eventually the federal government followed Kentucky’s lead. Moberly became nationally known for his
consumer-oriented stance.
Kentucky’s legislation made it possible to sell a structured
settlement but only with court approval and in the case of a hardship.
Few people sold their
structured settlements after the legislation, and Mr. Wentworth went off
television.
Now he is back--followed by
a host of imitators and competitors.
Somehow, someway, they have gotten around the legislation that Moberly
and others fought to pass.
There is such a feeding
frenzy that one of the companies who SELLS structured settlements now has an affiliated company that buys them right
back. At a big discount.
It was easy for the company to
get in business. They had the names and addresses of people to whom they were
mailing the checks. They pop in a letter asking if those people would rather
buy a car or boat instead.
Several of us worked very
hard to get settlement purchasers regulated. After legislation had passed at
the state and national level, I thought we had done the job.
I
was wrong.
Judges were supposed to
oversee the settlement purchasing process. World-renown bankruptcy judge Joseph
Lee took it seriously, but he is a rarity.
Too many judges are rubber-stamping structured settlement sales. I don’t
hear of judges turning proposals down, no matter how slanted or unnecessary
they are.
Settlement purchasers have
figured out which lawyers are connected to judges and hire them to walk
proposals through.
It is not on society’s radar
screen until enough people sell their structured settlements, go broke and wind
up on welfare.
A good deal for Mr. Wentworth is then a bad
deal for taxpaying citizens.
It’s time for legislatures
to plug some of the loopholes. Mr. Wentworth
may not be an actual purchaser, but he plays one on television. He and his competitors
need more oversight and regulation.
I
would like to see a study
conducted on how people who have sold their structured settlements have done. I will bet they’ve done poorly. When the damage to society is unveiled, Mr.
Wentworth won’t be welcomed back after all.
Don McNay is the
award winning author of The Unbridled World of Ernie Fletcher. You can write to him at
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
or read other things he has
written at www.donmcnay.com.
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