A putative class action suit was filed yesterday against Bank of America alleging that that the bank has been improperly suing consumers who owe credit card debt after the bank had previously “sold” that debt via a securitization of a pool of accounts. The case has the potential to dramatically impact future collection practices regarding securitized accounts.
Yesterday the Consumer Financial Protection Bureau (CFPB) announced two separate actions four separate Consent Decrees relating to Citibank’s debt sales and debt collection practices. In the first action, the CFPB ordered Citibank to provide nearly $5 million in consumer relief and pay a $3 million penalty for selling credit card debt with inflated interest rates and for failing to forward consumer payments promptly to debt buyers.
A federal judge in Indianapolis has ruled that a lawsuit alleging violations of the FDCPA and the United States Racketeer Influence and Corrupt Organization Act (“RICO”) against Sherman Financial Group, one of the country’s largest debt buyers, cannot proceed as a class action because circumstances vary too much among the class members. Assuming this decision withstands any subsequent appeal it appears that Sherman made a good decision to vigorously defend the case.
JP Morgan Chase, the nation’s biggest bank, will pay $100 million to settle allegations that it used illegal and abusive debt-collection practices in connection with California credit card customers. The settlement specifically collecting incorrect amounts, selling bad credit card debt, and running a debt collection mill that involved illegally “robo-signing” thousands of court documents and improperly obtaining default judgments against military service members.
Andy Pincus, a partner at Mayer Brown LLP in Washington, D.C., has written an extremely articulate and well-researched opinion regarding the CFPB’s initiative to limit the use of arbitration by credit grantors. Even if you have already seen other articles on the topic this week, it’s worth a few minutes to read this one.
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 […]
SACRAMENTO, Calif. – A new study conducted by Professor Todd Zywicki of the Mercatus Center at George Mason University indicated that careful evaluation of the current regulatory environment was necessary to ensure that the debt collection and debt buying industries continued to fulfill their critical role in the economy. The study also found as the […]
A few months ago, insideARM and The iA Institute formally announced the inaugural First Party Outsourcing Summit. The conference is scheduled for October 12-14 at the Oakridge Hotel and Conference Center outside of Minneapolis. I know, I know. Your first reaction was: “Not another conference!”
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 […]