Category Archives: Debt Collection

Alisher Juzgenbayev Note: The Vanishing Enforcer: Consumer Protection in an Era of Dual Retrenchment

Alisher Juzgenbayev, a J.D./Ph.D. Candidate at Northwestern, has written The Vanishing Enforcer: Consumer Protection in an Era of Dual Retrenchment, 120 Nw. L. Rev. 1449 (2026). Here’s the abstract: Recent developments, including reductions in the federal workforce, effective suspension of certain enforcement activities, and attempted centralization of independent agency rulemaking in the White House, have […]

Ellengold & Laing article on the use of government to collect private debts

Kate Elengold of UNC and Sophie Laing Pine Tree Legal Assistance, Inc. have written Offsetting Justice: Using Government Power To Collect Private Debts, 175 Penn. L. Rev. (forthcoming 2027). Here’s the abstract: Private creditors regularly hire third-party debt collectors to recoup debt on their behalf by contacting, coercing, and suing consumer debtors. Scholars, advocates, and policymakers […]

NYC Issues New Rule Against Predatory Debt Collection

Touting it as containing “the strongest protections in the country against debt collector harassment,” New York City’s Department of Consumer and Worker Protection (DCWP) yesterday published its “Stopping Harassment and Intimidation and Ensuring Lawful Debt (SHIELD) Collection Rule.”  According to DCWP, the rule “allow[s] New Yorkers to dispute their debt at any time, further limiting […]

Important interview with the authors of Debt’s Grip

Here, at Ballard Spahr’s Consumer Financial Law Monitor podcast. The authors are Pamela Foohey of Georgia, Robert M. Lawless of Illinois College of Law and Deborah Thorne, Professor of Sociology at the University of Idaho, and the book is about who seeks bankruptcy and what drives them to do so. Warning: you will order the […]

7th Circuit Holds Threat of Acceleration and Foreclosure Provides Standing

The Seventh Circuit issued a decision in Milam v. Selene Finance today, an FDCPA case where the Court punted on the merits but addressed standing in a manner that may be notable for practitioners. Ramona Milam sued Selene Finance, the servicer of her home mortgage, after Selene sent her a letter threatening acceleration and foreclosure if […]

Rosenbloom paper on the pervasive use of substitute attorneys in debt collection litigation

Alexa Rosenbloom of Harvard has written The Pervasive and Troubling use of Coverage Attorneys in Assembly-Line Litigation, 33 Geo. J. on Poverty L. & Pol’y (2026) (forthcoming). Here’s the abstract: Debt collection cases dominate state court civil dockets in Massachusetts and across the country. Extant scholarship regarding debt collection in the courts has focused on […]

Court upholds sanctions against consumer lawyers who falsified dispute letters

From the Third Circuit’s opinion today: J.P. Ward & Associates is a debt-defense law firm that handles many [FDCPA] §1692e(8) claims. To “scal[e]” up its practice and get more fees, named partner Joshua Ward and lawyer Travis Gordon hatched a scheme. If a client approached the firm to dispute a debt, the firm would get […]

Second Circuit Vacates Preliminary Injunction Against Application of Unlawful Practice Law to Debt Collection Advice

Yesterday, the Second Circuit decided Upsolve v. James, an appeal that had different advocates for low-income consumers taking opposing positions. The case was brought by Upsolve, a nonprofit that seeks to provide free legal advice to New Yorkers facing debt-collection actions in state court via a cadre of specially trained, non-lawyer “Justice Advocates.” The problem is […]