Arbel Article Proposes that Administrative Agencies Sanction Filing of Baseless Claims Filed Against Consumers

Yonathan A. Arbel of Alabama has written Adminization: Gatekeeping Consumer Contracts, Vanderbilt Law Review, Forthcoming.  Here's the abstract:

Large companies and debt collectors frequently file unmeritorious claims against consumers. Recent high-profile actions brought by the Consumer Financial Protection Bureau (CFPB) against JP Morgan, Citibank, and large debt collectors illustrate the breadth and importance of this phenomenon. Due to the limited financial power of individuals, consumers often do not defend against such baseless claims, which results in the entry of millions of default judgments every year. To combat this problem, policymakers and scholars have explored a variety of solutions that would make it easier for consumers to defend in court, but these prove ineffectual.

To solve the problem of unmeritorious claiming, this Article proposes a budget-neutral solution called “Adminization.” This novel approach uses an administrative agency, potentially the CFPB, as a gatekeeper to civil litigation which detects and sanctions the filing of baseless claims. The main task of the agency is to select a sample of cases, audit them, and—where needed—issue fines. To effectively focus the agency’s attention, the sampling of cases for audit could rely on machine-learning algorithms—the same ones used by credit card companies to monitor fraud today. The audit will use agency investigators to gather and corroborate information relevant to the debt claim, and where wrongdoing is found, the agency will use its powers to levy fines against abusive plaintiffs. Unlike the current system, Adminization will subject every plaintiff to the risk of thorough investigation and large fines, thus undercutting the financial incentive to engage in wrongful behavior. The importance of Adminization lies in its cost-effectiveness, practicality, and political feasibility relative to “participation-based” approaches that dominate the discussion today.

0 thoughts on “Arbel Article Proposes that Administrative Agencies Sanction Filing of Baseless Claims Filed Against Consumers

  1. Edwin Bell says:

    In 2011 our life would change forever due to the illegal meritless claim filed by Dyck O’Neal, Inc. using PSKLLC as their counsel. Beginning in 2009, when Dyck O’Neal, Inc. approached as a debt collector with a legally impossible story immediately recognized by my wife which included facts and documents in our possession.
    Since Dyck O’Neal, Inc.’s first contact in 2009, we have refuted its impossible and illogical claim. Our further investigation of Dyck O’Neal, Inc., which included records obtained from Bank of America, NA., and other records we acquired, we began unraveling a sinister plot to pilfer innocent and vulnerable families, who became Dyck O’Neal white collar crime victims. All the cases Dyck filed that were part of the National Mortgage Settlement or The Independent Foreclosure Review are part of a scheme in which Dyck colluded to extort families by filing fraudulent, legally impossible, and meritless Deficiencies or Breach of Contract claims.
    When Dyck O’Neal, Inc. contacted us, we were both employed in manufacturing by a company that I started in 1992 named Tamarac Design Inc. dba Tamarac Company Inc. catering primarily to the custom architectural wood stair market in Baltimore/Washington DC Metro Region. My wife and I have worked together since we met in 1997. We have always taken pride in our quality of work and desire to achieve high standards. We were dedicated to growing the manufacturing company which provided quality products and included many opportunities for others to grow with us as well.
    Being a manufacturer, I felt that investing in my wife’s law education would complement and benefit my company’s knowledge, confidence, and team abilities. In 2004, my wife graduated from UB Law with a Juris Doctor. As a couple, we continued to work together, as a team, at my manufacturing company, as she had done prior to law school.
    By 2010, armed with the knowledge that Criminal Dyck O’Neal, Inc. had robbed numerous families using facial or obvious fraud, we decided Miranda should take the Bar examine and be prepared should she need to defend against this criminal or should she want to help others whose stories included unbelievable tragedy at Dirty Dyck O’Neal’s hand.
    Once Dyck O’Neal, Inc. instituted its false complaint against us in 2011, the abuse and oppression in conjunction with bias and prejudice statements of our Judge commenced. It quickly became painfully obvious, reinforced by the multitude of DENIALS coming from the bench, that Miranda’s options to practice law in our prejudicial home state and county were narrowing by the day.
    She never ceased in her efforts to defend exposing the truth while her opponent’s constant attacks and attempts to defame her in Maryland Courts was well underway. Miranda’s opportunities to practice law were purposely being inhibited by criminals and cronies aided by the appellate courts. All parties know that exposing Dyck O’Neal Inc.’s crimes Exposes Millions in theft from Maryland Consumers and Billions in theft Nationwide.
    Shockingly and devastatingly, the same parties issuing Barr licenses refuse to apply the plainly written laws or adhere to the Constitution made apparent by the illogical, erroneous, and abusive rulings in our case contrary and incongruent with the facts and law of our case.
    Because we have been steadily attacked by Dyck O’Neal and their cronies, enlisted to threaten and abuse us with everyone’s knowledge of financial crimes being committed by the attorney pilfering rings, she has not taken the Bar. Since 2011, we have been forced to endure a relentlessly bias, oppressive, and prejudiced action from criminal corporation Dyck O’Neal, Inc. and their cronies with no end in sight.
    Dyck O’Neal, Inc. is intent on collapsing our defense of our Prior Payment In Full, Dyck’s use of Facial Fraud…many false documents as well as Dyck’s lack of license or Bond, by ignoring or avoiding the truth, facts, and law.
    Dyck O’Neal, Inc. has pursued our personal ruination which included destroying my manufacturing company that we had worked together to build as a team. To present date, we remain under full attack and are forced to defend against serious crimes, working 7 days a week with no end in sight, to defeat a meritless action with visible crimes, felonies and misdemeanors, committed by Dyck O’Neal, Inc.
    End Corporate Corruption of Courts.

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