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Debt Buying

A debt buyer is a firm that purchases debt from another company, usually a creditor or bank, at a deeply discounted rate. The debt purchaser then attempts to collect the debt through its own operations or through the use of a third-party debt collection agency. Some debt buyers may sell all or part of the debt to another party at a profit. Most debt buyers are small and privately held, though there is a handful of publicly traded debt buying companies.

Recent changes in law and legal rulings have seen the debt buying industry regulated like collection agencies, or servicers of debt, rather than creditors, or owners of the debt. Debt buyers must adhere to the FDCPA.

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New Credit Bureau Reporting Requirements for Debt Collection Agencies and Debt Buyers Become Effective This Week

New mandatory credit bureau reporting process changes that had been announced earlier this year will become effective this Wednesday, June 15.  The three major credit bureaus issued a memo in March, stating that the purpose is to provide consumers more transparency. The bureaus established the plan in conjunction with several states’ Attorneys General. New requirements […]

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HBO’s John Oliver Skewers Debt Buying Industry

On last night’s episode of “Last Week Tonight with John Oliver” on HBO the host dedicated the entire show to absolutely skewering the debt-buying industry. He has recently done shows on other industry-related topics, including predatory lending and student loan debt. With great hype, Oliver “gave away” $15 million (in the form of forgiven debt), double the value of the infamous Oprah Winfrey car giveaway.

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Maryland Debt Collection Litigation Bill Signed Into Law

SACRAMENTO, Calif. — On Thursday, May 19th, Maryland Governor Larry Hogan signed SB 771/ HB 1491 (Chapter 579) into law, addressing the treatment of out-of-statute debt and statutorily codifies several provisions contained in the Maryland Rules of Procedure (MRP) concerning the litigation of consumer debt. Given that the language from the MRP was copied verbatim, DBA International […]

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Appeals Court Affirms that FDCPA Does Not Require Debt Collector Intent to Proceed to Trial When Filing Lawsuit

Yesterday the Seventh Circuit Court of Appeals rendered its opinion in Paula St. John, Yvonne Owusumensah, et al., & Bryan Sirota v. CACH, LLC, Cavalry Portfolio Services, LLC; & Unifund CCR Partners, Inc. At issue was whether 15 U.S.C. sec. 1692 e(5) dictates that a debt collector must intend to proceed to trial when it files a lawsuit to collect a debt. The Court agreed with Appellees that e(5) contains no such requirement.

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Consent Order Compliance: Navigating The CFPB’s Unofficial “Rules” Governing Debt Collection

The CFPB has entered into consent orders with major creditors, debt buyers, and law firms during the past year relating to key areas of their collection practices.  The consent orders impose significant new requirements relating to data integrity, dispute handling, debt substantiation, debt sales, affidavit practices, and litigation practices.  The orders are not formal “rules” […]

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Encore Capital Group Announces First Quarter 2016 Financial Results

Yesterday, Encore Capital Group (ECPG), reported its financial results for the first quarter of 2016. Encore is an international specialty finance company with operations in eight countries that provides debt recovery solutions for consumers across a broad range of assets. Financial Highlights for the First Quarter of 2016: Estimated Remaining Collections (ERC) grew 12% to $5.7 billion, compared […]