The CFPB announced this afternoon an enforcement action against an indirect auto finance company and its auto title lending subsidiary for pressuring borrowers using illegal debt collection tactics. The following is the full text of the CFPB press release on the matter. If these allegations are true, this is your textbook example of “bad apple.”
The U.S. Court of Appeals for the Seventh Circuit recently affirmed summary judgment in favor of a debt collector, holding among other things that the “FDCPA is not an enforcement mechanism for matters governed elsewhere by state and federal law.”
George Mason University Foundation Professor of Law and Senior Scholar of the Mercatus Center Todd J. Zywicki has published a Working Paper entitled “The Law and Economics of Consumer Debt Collection and Its Regulation.” The 69-page paper concludes that new government restrictions on debt collection may very well burden consumers. Zywicki starts with the premise […]
Debt industry compliance professionals in both the Columbus, Ohio, region; and the Atlanta, Georgia, region, met this past week in regional discussion groups to talk, as peers, about issues each person is facing in an industry defined more by flux than by clarity. These meetings, hosted by The Compliance Professionals Forum, (and made possible by the […]
August FDCPA litigation statistics show large litigation drops for two successive months. That’s according to the monthly report from WebRecon LLC (WebRecon) statistics on consumer litigation. FDCPA litigation was down by 12.6% in July after dropping 7.5% in June. While the trend is welcome, FDCPA litigation is still up significantly year-over-year. In fact, litigation totals are […]
The Federal Trade Commission (FTC) announced yesterday that it has moved the second Debt Collection Dialogue, the “Dallas Dialogue,” to Southern Methodist University’s Dedman School of Law on September 29, 2015. The FTC switched to this larger venue because the number of pre-registrations had almost reached the maximum for the previously scheduled venue. Pre-registration, which […]
On August 5 the General Assembly of North Carolina passed Senate Bill 678 which amended the State’s debt collector statutes to more nearly conform to the federal Fair Debt Collection Practices Act (FDCPA). The following changes were made. § 75-50. Definitions. A new definition was added: “Location information” means information about a consumer’s place of […]
Illinois Public Act No. 227 was quietly signed into law earlier this month, containing several substantive updates to the Illinois Collection Agency Act (ICAA). It is important to note that there is no implementation period on these changes; they took effect upon signing of the law on August 3, 2015.
Earlier this week, Reilly Dolan, Associate Director, Division of Financial Practices at the Federal Trade Commission posted a blog about the debt buying industry and its efforts to self-regulate. Click here to read the full text of the piece, which offers insight into the regulator’s expectations. Also of interest is the link to the 75 bad apples recently banned from the debt collection business.
If an entity acquires a debt in default and tries to collect on it, does that automatically make it a “debt collector” under the Fair Debt Collections Practices Act? Several courts, including the Third, Seventh, and Sixth Circuit Courts of Appeals, all said yes it does. In a surprise ruling earlier this week, however, the […]