by Jeff Sovern
Here, in Bloomberg. I'm afraid I didn't find it persuasive. He didn't respond to our argument that state courts often fail to discipline attorneys who violate ethical rules in debt collection matters, as well as other points we made.
by Jeff Sovern
Here, in Bloomberg. I'm afraid I didn't find it persuasive. He didn't respond to our argument that state courts often fail to discipline attorneys who violate ethical rules in debt collection matters, as well as other points we made.
Excellent points. They also seem different in goals, in that while both may be designed to deter, only one is intended to compensate for injury.
Jeff, beyond the differences in likelihood of enforcement between the sanctions system and FDCPA, the systems just seem fundamentally different in terms of remedies (discretionary vs. statutory, including attorneys’ fees) and the ability to bring class actions. It’s hard to see sanctions being a perfect substitute for FDCPA, and the CFPB’s enforcement actions against law firms should be exhibit A in the fecklessness of state courts in cracking down on debt collection abuses by attorneys.