Posted by Stamper_WI on 5/19/09 3:01pm
Msg #289118

FDIC investigation

Anyone know how that is going with their anti trust investigation on XYZ? Just got an email from Trans Continental Title saying that we need to have an XYZ background check to work for them due to the demands made by their large lenders.

"We are experiencing a drastic increase in the number of our large lender customers requiring a signing agent who has submitted to and passed the National Notary Association (NNA) Background Check. These lenders are responding to instructions from federal banking regulators as they implement mandates of the Gramm-Leach-Bliley Financial Services Modernization Act and its Interagency Guidelines. The measures were specifically designed to protect consumer privacy which remains a highly critical concern for all of First American and our customers. Simply stated, the NNA Background Check allows one standard for this information that is applicable nationwide. As a result, effective July 1st, 2009 we will require that all active signing professionals in our database submit to and pass the NNA Background Check.


All arrangements need to be made with the NNA directly for the NNA Background Check process. The NNA can be reached at www.nationalnotary.org or 1-800-876-6827. Upon completion of the NNA Background check, the NNA will notify TransContinental Title directly. WE DO NOT REQUIRE ANY RESPONSE OR INFORMATION IN ORDER TO UPDATE YOUR PROFILE WITH THIS NNA BACKGROUND CHECK INFORMATION. In order to comply with this requirement, the background check must be done through the NNA; other background reports are not acceptable as the elements are not the same as those found in the NNA report. All incurred expenses for this NNA Background Check are the responsibility of the signing agent and are not billable to TransContinental Title, First American or its affiliates. Unfortunately, failure to comply with this requirement by July 1st, 2009 will result in your removal from our data until such time as you complete the requirement.

We sincerely hope that you will support and assist us in this matter to better protect our customers and industry. "

Reply by oldhippie_IL on 5/19/09 3:08pm
Msg #289122

I just received the same message. NNA, that just erks me............

Reply by LisaWI on 5/19/09 3:09pm
Msg #289123

Words cannot express how Im feeling about this right now. Just received it and cant believe it. What a monopoly these people are creating. They must be marketing heavily these days selling this bullcrap!

I am ticked!!

Reply by Lee/AR on 5/19/09 3:10pm
Msg #289124

Think that was the FTC... researching...anybody know? n/m

Reply by jojo_MN on 5/19/09 3:19pm
Msg #289127

Re: Think that was the FTC... researching...anybody know?

I just received the same email. The new upsweep in business obviously got them excited again!

Reply by LisaWI on 5/19/09 3:32pm
Msg #289134

And, and, and.....

I thought Harrys BGC was better than theirs? So what is up with that? For them not to even accept anything else, you know they have been brainwashed or they were forced into it from their clients.

I guess I dont understand when SS's comps dont have to have these, title comp employees dont have to have this. If its becoming an industry standard, then it should apply to EVERYONE in the business. Not just us. And there should be allowable choices of the vendor you choose to do this.

Reply by Tom/NJ on 5/19/09 3:37pm
Msg #289136

I'd hate to see...

That my $10,000 DoD Secret Security clearence<NNA's Background check

Reply by LisaWI on 5/19/09 3:39pm
Msg #289137

Yes, I agree

"That my $10,000 DoD Secret Security clearence<NNA's Background check"

Thats what makes this a bunch of cow pie

Reply by Tom/NJ on 5/19/09 3:42pm
Msg #289138

Re: Yes, I agree

Guess they got to try and make some money any way they can...They are creative..I'll give them that much

Reply by trnsa_IL on 5/19/09 3:48pm
Msg #289143

Ditto!!! n/m

Reply by BrendaTx on 5/19/09 3:34pm
Msg #289135

Where is the "FDIC" part?

Missing that, can't find it.

Maybe someone will post if they have info on the DOJ investigator. I tried to find my info but cannot Sure would be good to check with them about this.

Reply by Stamper_WI on 5/19/09 3:42pm
Msg #289139

Maybe it was FTC

I was all excited......

Reply by Tom/NJ on 5/19/09 3:43pm
Msg #289140

I just sent an email out to my cousin about this and she didn't know about it so it much be fairly a new policy...Ugh

Reply by LisaWI on 5/19/09 3:44pm
Msg #289141

Zana, it was the DOJ investigating n/m

Reply by Mia on 5/19/09 3:45pm
Msg #289142

Is this what you are talking about????

Check message(s) from 12/17/08... msg#272136

Reply by Stamper_WI on 5/19/09 3:53pm
Msg #289145

YES! Thanks

Although I recall some converstion about the FTC as well. I did write to the FDIC for clarifications.

Reply by trnsa_IL on 5/19/09 4:07pm
Msg #289149

Re: Is this what you are talking about????

This is the first thing I thought of when I read the email, well, right after...."What the...(insert whatever colorful word you choose)....you have to be kidding me!"

Reply by jojo_MN on 5/19/09 4:04pm
Msg #289147

Let's not forget,folks. They ALSO require their certification course before they will give you the BGC. When I jumped through their hoops a couple years ago, they wouldn't list me as having the BGC on the website unless I re-took the course. The only way the companies know if you got it is to go on their website. You are looking at the cost of the NNA membership, the NSA membership (no, it's not included in the main one!), the certification course, AND the BGC.

After all of the hoop-jumping, the very companies that "required" the NNA bgc is still hiring the other nsa's in my area because I won't accept the low-ball fees even though NONE of them are NNA certified or even members.

Reply by LarryTN on 5/19/09 4:05pm
Msg #289148

I received the email too. I went to NNA's site and could find no information about background checks or their fees for one!

Reply by LisaWI on 5/19/09 4:36pm
Msg #289154

This about says it all!!

Sherman Antitrust Act
This Act expresses our national commitment to a free market economy in which competition free from private and governmental restraints leads to the best results for consumers. This Act outlaws all contracts, combinations, and conspiracies that unreasonably restrain interstate and foreign trade. This includes agreements among competitors to fix prices, rig bids, and allocate customers, which are punishable as criminal felonies.

The Sherman Act also makes it a crime to monopolize any part of interstate commerce. An unlawful monopoly exists when only one firm controls the market for a product or service, and it has obtained that market power, not because its product or service is superior to others, but by suppressing competition with anticompetitive conduct.

The Act, however, is not violated simply when one firm's vigorous competition and lower prices take sales from its less efficient competitors; in that case, competition is working properly

Reply by jojo_MN on 5/19/09 4:50pm
Msg #289156

Re: This about says it all!!

Yes, Lisa, it does say it all.

Here is some more interesting reading:
www.usdoj.gov/atr/foia/divisionmanual/ch2.htm

Reply by jba/fl on 5/19/09 5:00pm
Msg #289160

Re: This about says it all!!

When someone says you must use xyz for bkgrnd check, why not just toss this their way? CC to DOJ as well so that they can see you mean business should be conducted unimpeded as was intended by this act? Just a thought.

Reply by Lee/AR on 5/19/09 6:06pm
Msg #289161

How many times do we have to fight this battle?

The NNA doesn't speak for all notaries everywhere. Never have. Never will--unless we let them. They are a 'club'...no state nor any law insists upon membership in this 'club' in order to do your job.

Reply by Becca_FL on 5/19/09 6:16pm
Msg #289165

Not true in FL, Lee.

The only way to obtain an eseal in Florida is through the NNA and you must not only be an NNA member, but an NSA section member AND have the NNA BGC. It's a total racket and the FL SOS has no plans on changing this anytime soon. What I want to know is where is the ASN, NotaryRotary and others? The NNA is in the SOSs bed and no one cares to question this? More politics as usual.

Reply by jojo_MN on 5/19/09 6:19pm
Msg #289168

Re: Not true in FL, Lee.

Maybe LisaWIs post should be forwarded to the Florida SOS--and all states, for that matter.

Reply by Becca_FL on 5/19/09 6:23pm
Msg #289169

Re: Not true in FL, Lee.

Why not? I won't be wasting anymore time trying to get answers out of the FL SOS. IMO, this is something the ASN has been dragging their feet on for some time now.

Reply by Lee/AR on 5/19/09 6:32pm
Msg #289174

Who has used their e-seal? There are 49 other states.

And, yes, it's politics--as usual. Until the constituents holler foul. I know, time-consuming and nobody listens to a single voice in the wilderness.

Reply by BrotherOwner on 5/20/09 1:47am
Msg #289248

Re: Not true in FL, Lee.

No offense to Becca, PAW, Sylvia, and all of the other fine Fla. Notaries, but in looking at the Fla. SOS website, the first FAQ deals with "HOW TO" advertise your services for fun and profit! No wonder they are in bed with XYZ. I suspect many states are. I know mine was, but haven't followed up to see if they are still as chummy. If I found something such as eseal was being funnelled through XYZ, as you say Fla. is, I'd be filing a complaint with your Attorney General's office, with a copy to the local media in the blink of an eye!

Reply by PAW on 5/20/09 10:08am
Msg #289285

Re: Not true in FL, Lee.

In Florida, the complaint on this type of issue should be filed with the Executive Office of the Governor - Notary Section and to the Secretary of State - Office of the General Counsel.

Reply by jojo_MN on 5/19/09 6:16pm
Msg #289166

Re: How many times do we have to fight this battle?

True. Unfortunately, some of our best clients are now insisting we join this "club" if we want to continue doing business with them. I think this "club" is projecting themselves to our clients that they are the one true association for notaries. Their name even implies it.

Reply by MW/VA on 5/19/09 6:35pm
Msg #289176

Re: How many times do we have to fight this battle?

The NNA has been very successful in convincing companies that their's is the "standard" to be followed. I was NNA Cert/BGC. They called a couple of months ago, wanting another $99 for renewal. I opted not to give them more money. I also got a couple of emails from them lately about renewing my membership, which doesn't expire until Feb. It's this constant pitch for money that's turned me off. IMO the Cert/BGC is not a license, so why should I be required to renew it. So far I haven't been pressured by any companies to comply.

As a reminder, the DOJ Antitrust investigation was about price fixing (complaints about the "suggested minimum fees" they posted on the site. I don't think the BCG or GLBA was part of the investigation. This is the way business is done, folks. You create the need & then you create the supply.

Reply by LisaWI on 5/19/09 6:48pm
Msg #289180

Ok, Ive calmed down a little......

and can think logically. My thinking is we are independent contractors, not employees. How can comps dictate who we use for a servicer for this BGC as long as it fits the requirements of the Gramm-Leach(???) Law.

And yes I know, we dont have to do work for these comps. But if one by one, they get bamboozled by the XYZ and then before you know it, they all will be requiring it. And by then if the XYZ has this monopolized, it will be too big of a task to tackle and it will be throwing in the towel or complying.

Reply by MW/VA on 5/19/09 6:53pm
Msg #289183

Re: Ok, Ive calmed down a little......

That is exactly how things have been operating. I felt pressured to become Cert/BGC in the first place because there were companies requiring it, and I also needed it to stay competitive. I am tired of giving my money to a company that operates that way. It is called an "Association", but we don't feel represented.

Reply by Tom/NJ on 5/19/09 7:00pm
Msg #289186

Re: Ok, Ive calmed down a little......

I just took the dive and forked over the money..Just starting out, my only real connection is with TCT, so I can't sacrifice it quite yet...Whatever, one signing with them pays for it

Reply by JanetK_CA on 5/20/09 4:51am
Msg #289253

We AREN'T represented!!

Has anyone who has ever attended a convention ever been asked to vote on any policy matter? Have you ever received any literature from them asking for your opinion on how they operate? They are plain and simple a for-profit enterprise masquerading as a non-profit. And it's been my impression that they've done more to hurt our field than to help it.

Reply by Linda_H/FL on 5/19/09 6:46pm
Msg #289179

I haven't read all the posts in this thread yet -

just got in - and I got that e-mail too - am preparing to reply they might as well remove me from their database now because I won't rejoin and re-certify with the NNA just for the stinkin BGC....

I'll catch up more in a few minutes....<G>

Reply by Linda_H/FL on 5/19/09 7:00pm
Msg #289187

Still catching up...but

here's my response to their e-mail:

"In response to your email regarding the required NNA Background Check, please be advised I will not be acquiring that BGC. NNA requires (and I stress REQUIRES) that all signing agents (a) join the NNA and (b) be certified through them in order to have the BGC done (possibly they didn't tell you this little tidbit). Therefore, since I do not wish to join the NNA nor do I wish to re-certify with them, I will not be requesting a background check from them.

You might check with Notary Rotary and see if their BGC is acceptable and I would have no problem having a BGC through them. If there are other places I can go to have a BGC done please let me know and I'll go there. But I WILL not be held hostage by the NNA

If no other resource is acceptable to you, then you might as well remove me from your database now. And it's a shame - I did enjoy working with you and did provide professional, error-free service to you. "

Not that I'm going to build new bridges with it but at least they got my vent...<G>

Reply by SueW/Tn on 5/19/09 7:32pm
Msg #289192

Amen Linda, they won't get another dime out of me either! n/m

Reply by snoopdogMs on 5/19/09 8:33pm
Msg #289199

One concession leads to another

It would not surprise me if those that purchase the BGcheck (hoping to keep the business) eventually receive a new alert that the XYZ suggested fee will be enforced by those companies that demand the BGcheck from XYZ.

Reply by jba/fl on 5/19/09 10:14pm
Msg #289230

Good observation...tho many will hope elsewise. n/m

Reply by trnsa_IL on 5/19/09 8:48pm
Msg #289200

Re: Still catching up...but

What makes me so mad is that I have no problem submitting to the BGC; I just do not want to give the NNA my money. I would rather spend my money where I want to. I understand they can demand the BGC, but why should they be able to tell me where I have to purchase it, and, yes, I realize I do not have to work for them. I have had a good working relationship with TCT.

I was discussing this with my husband, and I made my point this way:
The school can say that a kindergartener needs a 12 count box of Crayola brand crayons in order to participate in art class, but they can not dictate where I have to purchase that box of crayons.

Perhaps this is a little too simple, but am I missing something besides the fact that they just won't hire me anymore.

Reply by Linda_H/FL on 5/19/09 9:02pm
Msg #289205

I agree..that's my point, too

I don't mind submitting to a BGC....but to have to join an organization I don't wish to join and to have to "re-certify" through them to me is over the top...I won't do it..

Ah well...I liked working for TCT - wonder how much trouble they'll have finding compliant signing agents.

Reply by Linda Juenger on 5/19/09 10:16pm
Msg #289231

I too discussed this with my husband. Here is what he told

me. He drives a big rig. A big tanker rig. Hauls hazardous materials (gasoline, diesel, jet fuel). He has to have a CDL with the hazmat indorsement. All truckers have to have a CDL. He too has to have a background check. It can only be done through 1 company. I believe it is called Identix (sp). They will not accept any other bg ck. This company has the contract and until someone else takes it away from them, that's the way it is. You could have a hundred bg checks and they will not accept any of them. They have to have some kind of standardization to these. If he wants to drive and work, he has to get it through this 1 company.
My beef is not with having a background check. I wouldn't even mind that it is through the NNA, but I DO NOT want to be told that I also have to pay for a membership that does not bring me any work at all. I was a member for 2 years and never received any work from them. I was born at night, but not last night. Doesn't take a genius to figure out that I am just throwing money away. I will pay for the background check but not membership. I guess its so long TCT. You are going to lose some very good notaries and will come back to haunt you.

Reply by Linda_H/FL on 5/19/09 10:26pm
Msg #289234

Yes, yes and yes, Linda...I agree 100%.. n/m

Reply by trnsa_IL on 5/19/09 9:03pm
Msg #289206

A better example would be...

The state of Illinois requires that I be bonded and insured to be a notary, but they do not dictate where I must purchase those requirements.

Reply by Claudine Osborne on 5/19/09 9:15pm
Msg #289211

Re: A better example would be...

The investigation was about price fixing and issues like this...I know they called me and asked a lot of questions about them. There were also questions about if I was forced into joining the NNA? I was not forced into joining.

Reply by jojo_MN on 5/19/09 10:35pm
Msg #289235

Re: A better example would be...

Actually, if you want to continue to work with these companies that are requiring the NNA bgc, you will, in fact, be forced into joining the NNA. They will not do the background check for non-members. You also have to have their certification test in order to do the background check.

Reply by jba/fl on 5/19/09 10:42pm
Msg #289238

You say you were not forced to join, but client

letters/emails such as was received today clearly are advocating joining if one is not already a member and wanting to do or continue to do business with them. As was mentioned already, if one is not a member, one cannot obtain a background check from the NNA without joining the NNA, then the signing agent section, then get certified, then get background check. A lot of hoops of which none can be circumvented to get to the final option: the background check.

The last time I did this (because I bought the story) not a soul required that these things be in my list of credentials in order to do their work. Hence, a lot of wasted money. Also, when I recertified, the same book was being used as from 4 years previously, with no updates, no reflection of any changes to laws nor were there any new forms to peruse even though we, in the field, had been privy to many new forms during that 4 year time span. I don't have access to see what the 'new' book may offer, or if indeed the new book only has a new cover, but unless one really looks page by page, one may not even notice if any changes have taken place. The first thing I noticed, that tipped me off to the lack of changes, was there is no publishing date in the book - either one that I had to view.

Another thing I didn't like: after 2 years I was approached by NNA rep. who told me I needed to re-certify, that their certification is valid only for 2 years. What? My commission lasts longer than that.

Of course, the real kicker, also mentioned today, is dues. After 6 months they begin looking for their renewal money, every month like clockwork a bill comes 'reminding' of one's expiration date - best renew now. What are they - CA SOS dealing with renewals? Lofty attitude to be sure.

I digress...the real issue now appears to fit with Sherman Antitrust Act. Crayola crayons at XYZ even tho ABC has better deal, same item.

Reply by JanetK_CA on 5/20/09 5:09am
Msg #289254

Re: You say you were not forced to join, but client

You hit on a lot of the same stuff that sets my hair on fire about this. I couldn't see anything new they were offering, and no reason for a 2-year renewal except to line their coffers. And at the time I was being asked to renew my certification, they were holding something like 3-4 classes a month to train new NSAs in my service area. So I should pay a membership to an organization that is doing nothing for me but squeeze me for $$, flood my area with new, inexperienced notaries, and then drive fees down on top of that? I don't think so...

Regarding the crayon analogy, for it to be accurate, we'd have to add that before you can even buy the crayons the teacher requires, you also have to buy paper, scissors and glue of a predetermined brand - whether or not you have another preference or don't even have any use for it at all...