Category Archives: Debt Collection

Sheriff and the FDCPA’s Materiality Requirement

by Jeff Sovern Yesterday the Supreme Court decided the Sheriff case.  One oddity about the case has to do with whether immaterial misrepresentations give rise to liability under the FDCPA.  Several circuits have held that misrepresentations have to be material to generate FDCPA liability.  See, e.g., Donohue v. Quick Collect, Inc., 562 F.3d 1027 (9th […]

Center for Responsible Lending Study Finds MD and NC Collection Reforms Didn’t Impair Consumer Credit

Here.  Here is the Executive Summary: Debt buyers, specialized debt-collection companies, purchase defaulted consumer debt from creditors such as credit card companies for pennies on the dollar. Debt buyers then attempt to collect the debt, often by suing borrowers in court. Unfortunately, because debts are typically sold to debt buyers without fully verifying the accuracy […]

CFPB Director Richard Cordray’s Near-Term Goals

In a speech February 25 at the CFPB's Consumer Advisory Board meeting, CFPB Director Richard Cordray identified nine "key areas where we hope to make substantial progress over the next two years."  He also noted, however, that "these goals do not capture all of the important work we are doing." The nine goals are: First, […]

Jeff Gelles Column: Lawsuits were stymied, but CFPB finally puts halt to rent-a-D.A. scheme

Here. Excerpt: The ominous letter from the prosecutor's office was addressed to her grandfather, Albert Lachowicz, but it came to Jennifer Paczan because she was handling his finances.* * * The letter was signed by Beaver County District Attorney Anthony J. Berosh, and was on the D.A.'s letterhead. It said Berosh's office had received reports […]