Debt Buying Feed Link

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.

hourglass, time, timing, deadline

Bankruptcy Code Precludes FDCPA Claim for Filing POC on Time-Barred Debt, Fla. District Court Holds

The U.S. District Court for the Middle District of Florida recently dismissed allegations that a debt buyer violated the federal Fair Debt Collection Practices Act by filing a proof of claim on time-barred debt, holding that such claims are precluded by the Bankruptcy Code, and that the FDCPA does not provide a private right of action against debt collectors who file time-barred proofs of claim in bankruptcy court.

class-action-movie

Class Certification Rejected in Alleged FDCPA/RICO Suit Against Sherman Financial Group

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.

missouri_st-louis-arch

Missouri AG Koster Proposes Reforms to Debt-Collection Practices

Yesterday Missouri Attorney General Chris Koster joined forces with Legal Services of Eastern Missouri, Legal Aid of Western Missouri, Legal Services of Southern Missouri, and Mid Missouri Legal Services to propose reforms aimed at curbing what he describes as “abusive debt collection lawsuits in Missouri.” Koster outlined three proposed amendments to the State’s rules of civil court procedure.

Vote for Nacho

DBA International to Hold Elections for Three Open Seats on the Board of Directors

DBA International is seeking qualified candidates who wish to run for a two-year term on the Board of Directors. In 2016, there will be three (3) open Director seats on the 10-member Board that the DBA membership will fill during the association’s annual election. Qualified individuals who wish to run must declare their candidacy no later than December […]

certified-stamp

DBA International Launches Version 3.1 of the Receivables Management Certification Program

In DBA International’s pursuit of continuous improvement, we are proud to announce the adoption of version 3.1 of the Receivables Management Certification Program. The Certification Program offers two distinct certification designations – the “Certified Professional Receivables Company” (CPRC) for companies and the “Certified Receivables Compliance Professional” (CRCP) for individuals. The uniform industry best practices for […]

illinois

Illinois Bill Provides Welcome Fix to Illinois Collection Agency Act

A recent Illinois bill provides a welcome fix to the Illinois Collection Agency Act (ICAA). The legislation, SB 1369, corrects amendments made to the ICAA this past August.  Those amendments potentially expanded sections of the ICAA to commercial debt and would require disclosures contrary to (and possibly in violation of) the federal Fair Debt Collection Practices Act. The […]

signed agreement settlement

Judge Accepts $59 Million Settlement in Sykes vs. Mel S. Harris and Associates, Pending Fairness Hearing

Court documents were filed yesterday, preliminarily approving the class action settlements in Monique Sykes, et al., vs. Mel S. Harris and Associates, LLC, et al. A Fairness Hearing has been scheduled for May 11, 2016, in the U.S. District Court for the Southern District of New York. The case is a class-action lawsuit originally certified […]

earnings-statement

Encore Adjusted EBITDA Up 7% But Net Income Down Due to CFPB Settlement

Last Friday, Encore Capital Group (ECPG), an international specialty finance company with operations in eight countries, reported its financial results for the third quarter of 2015, ending September 30, 2015. Third Quarter Highlights Gross collections from the portfolio purchasing and recovery business grew 4% to $422 million, compared to $407 million in the same period of […]