Category Archives: Debt Collection

Peter Holland’s Powerful Piece: Current Trends in Consumer Junk Debt Buyer Litigation

Here.  In the Maryland Bar Journal.  And here is the abstract: This article examines current trends in debt buyer litigation, including a review of recent regulatory actions and the impact of debt buyer lawsuits on individual consumers and on small claims courts. The article calls for a ban on the sale of consumer junk debt […]

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, […]