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Debt Statute of Limitations

The debt statute of limitations is the legal time limit a party has to collect a debt through the court system. After that time a creditor or third party, such as a debt collection law firm, may not sue to enforce the credit agreement. Collecting using traditional methods such as calling or lettering is still allowed. The statute of limitations varies from state to state and by type of debt, and is typically between three and 10 years (see map below)

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Interactive Intelligence to Host “Pitfalls of TCPA” Industry Web Event

Interactive Intelligence Group Inc., a global provider of software and services designed to improve the customer experience, is hosting a no-cost Web event* titled, “The Pitfalls of TCPA and Its Impact on Your Business,” to be held Tuesday, April 29 at 11:30 a.m. Eastern time (EDT). Already attracting more than 650 registrants, this 75-minute webcast […]

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Social Security Halts Collection of Debts Older than 10 Years

The Social Security Administration announced Monday that it will immediately stop efforts to collect on taxpayers’ debts to the government that are more than 10 years old. This means the SSA will no longer seize state and federal refunds from people who had relatives who owed money to the agency. While the SSA will no longer seize federal and/or state refunds to pay for government debts past the federal statute of limitations, this does not have any impact on other time-barred debts on a state-by-state basis.

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Joint CFPB-FTC Brief: Collecting on Time-Barred Debt Can Violate FDCPA

The CFPB and FTC this week said in a court brief that “actual or threatened litigation is not a necessary predicate for an FDCPA violation in the context of time-barred debt.” The brief argues that under certain circumstances, a settlement offer — and other collection activity — on an out-of-statute account can mislead the consumer and could be a violation of the FDCPA.

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Anticipating a New Regulatory Regime For Debt Collection

Market changes since the FDCPA’s passage in 1977 and the postcrisis shift toward regulation have opened the door to significantly enhanced consumer protections. The CFPB’s rulemaking has the potential to alter dynamics in every corner of the industry, from reducing recovery rates and limiting post-charge-off sale options and pricing to driving further consolidation by firms with sophisticated processes, systems, and controls.

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FDCPA Reform Bill Introduced in House; Focuses on Time-Barred Debt

U.S. Representative Steve Cohen (D-Tenn.) late last week introduced a bill that would amend the Fair Debt Collection Practices Act (FDCPA) to specifically outlaw nationwide the filing of collection lawsuits on accounts that are beyond the statute of limitations. The bill also places new requirements on disclosures collectors must provide regarding out of statute debt.