Category Archives: Debt Collection

A Comment on the CFPB’s Debt Collection Bulletin

by Jeff Sovern As Deepak pointed out last week, a lot has been going on in debt collection, and one item is that the CFPB has issued a bulletin stating that people subject to its jurisdiction may not commit unfair, deceptive, or abusive practices in collecting debts.  The Fair Debt Collection Practices Act generally does […]

More on Debt Collection: CFPB To Go After Banks’ Collection Practices

Suddenly, there's a lot going on the in the world of debt collection regulation. On the heels of yesterday's announcement by the FTC of a huge debt-collection settlement (discussed in the post below), the CFPB is announcing today that it will use its UDAAP authority to regulate the collection practices of banks. “It doesn’t matter […]

New Study Finds Serious Shortcomings in New York Debt Collection Cases

The report, by the New Economy Project, is titled The Debt Collection Racket in New York: How the Industry Violates Due Process and Perpetuates Economic Inequality.  Some excerpts: Over the past decade, the number of debt collection lawsuits filed in New York’s courts has exploded, with upwards of 200,000 cases filed in 2011 alone. Creditors […]

Reports on FTC-CFPB Debt Collection Roundtable

On Thursday, the FTC and CFPB held a joint roundtable titled Life of a Debt: Data Integrity in Debt Collection.  Journalist Fred Williams has a report at the Taking Charge blog. An except: At Thursday's  meeting, [debt buyer and industry association president Richard] Munroe and other debt buyers didn't repeat the argument the collection  industry […]

WaPo: Regulators Probing Banks’ Debt Collection Practices

by Jeff Sovern Here. One surprise is that the regulator in question is the Office of the Comptroller of the Currency, which is showing still more evidence that it has escaped the clutches of the financial industry, which had captured the OCC in the past.  An excerpt: The OCC’s investigation reflects the agency’s increasing focus […]

Jimenez Paper: Illegality in Consumer Debt Contracts and What to Do About it

Dalie Jimenez of Connecticut has written Illegality in Consumer Debt Contracts and What to Do About it.  Here's the abstract: Many of the contracts for the sale of consumer debts that are publically available contain “quitclaim” language disclaiming all warranties about the underlying debts sold or the information transferred, generally referring to the debts as […]

American Banker: How CFPB Exams Will Change the Debt Collection Industry

by Jeff Sovern Here (behind a paywall, unfortunately). The article implies that the Bureau will listen to collector phone calls (at least, that's how I interpret the statement that the Bureau will audit the "handling of phone calls").  That contrasts with what Fred Williams reported in his book Fight Back Against Unfair Debt Collection Practices (which […]

CPFB Issues Annual Report on FDCPA Activity

The CFPB has released its annual report on activities under the Fair Debt Collection Practices Act. You can read it here. The report summarizes consumer complaint data, the Bureau's new supervision program, amicus briefs, and enforcement actions (not much to report in that category), and significant enforcement and other actions taken by the FTC, among […]

Will the CFPB Hold Banks Responsible for Their Contracting Parties?

by Jeff Sovern The American Banker has an interesting article titled CFPB Focuses on Consumer Choice – or Lack Thereof which discusses the speech Director Cordray gave to the Consumer Advisory Board last month (Allison blogged about it here). Excerpt from the article follow: [Cordray said] added, "When people cannot vote with their feet, their […]