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 […]
Category Archives: Debt Collection
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 […]
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 […]
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 […]
The Symposium is in Chicago on Friday, April 5, 2013. Looks to be very interesting. More information here.
by Jeff Sovern Here. An excerpt: As with the mortgage cases, the investigation focuses on the banks' poor paperwork and their weak tracking of the debts. When they sold delinquent credit card debt to the buyers, often at only a few cents on the dollar, they allegedly failed to provide them with the evidence that […]
Dalie Jimenez of Connecticut, James Greiner of Harvard, Lois R. Lupica of Maine, & Rebecca L. Sandefur of the American Bar Foundationand Illinois have written Using a Randomized Control Trial to Accomplish Multiple Goals: An RCT Evaluating What Works for Individuals in Financial Distress, Investigating the Debt Collection System, Exploring Ways to Increase Access to […]
by Jeff Sovern Back in 2008, Fred Williams, a reporter for the Buffalo News who had written stories about debt collectors, worked as a debt collector for an upstate New York debt collection firm. Williams was not exactly undercover–he disclosed that he had written the stories–but it sounds as if he was treated as any […]
Not that I want to generate sales of the book, but here is an ad for a guide for debt buyers that contains the statement above (HT: Gina Calabrese).
by Jeff Sovern I've been pulling together some materials for a section in the next edition of our casebook on debt collection litigation. Here is some of what I've found: 1. From FTC, Reparing a Broken System: Protecting Consumers in Debt Collection Litigation and Arbitration i (2010): “The system for resolving disputes about consumer debts […]