by Jeff Sovern Link here Excerpt: [T]the bureau proposal would invade consumer privacy by allowing collectors to bombard consumers with demands for payment. Under the proposal, debt collectors could try the consumer’s phone number seven times a week and leave voicemails each time. That may not sound too bad, but the CFPB reports that nearly […]
Category Archives: Debt Collection
by Jeff Sovern The more I think about the CFPB's recent proposal to allow debt collectors to leave limited-content messages over the phone, the more I think the proposal has real problems. The proposal would allow debt collectors to leave voicemails or oral messages with whomever answered the phone. To qualify as a limited-content message, […]
Reporter Renae Merle has a story up at the Washington Post about the debt collection rules that the CFPB is expected to unveil “in a few weeks.” The story was prompted, in part, by a recent speech given by CFPB Director Kathy Kraninger during which she “laid out a business-friendly vision for the CFPB.” The […]
by Jeff Sovern Here, in Bloomberg. I'm afraid I didn't find it persuasive. He didn't respond to our argument that state courts often fail to discipline attorneys who violate ethical rules in debt collection matters, as well as other points we made.
by Jeff Sovern That's the title of my essay my colleague Gina Calabrese and I wrote here in Bloomberg Law. Excerpt: The ABA argues that consumers don’t need protection from unscrupulous lawyers because lawyers are already subject to state ethics rules largely written by the ABA itself. Experience tells us otherwise. When a law firm sued […]
WaPo has the story here. The government is also considering other debt collection initiatives, as noted in the article.
by Jeff Sovern The federal Fair Debt Collection Practices Act provides consumers a variety of protections. Collectors, for example, are barred from making false statements and engaging in unfair practices, and are obliged to give consumers certain disclosures. But the American Bar Association wants to excuse lawyers "engaged in litigation activities" from complying with the […]
by Jeff Sovern A number of sources have reported on a survey of more than one thousand metastatic breast cancer patients presented recently at an American Society of Clinical Oncology (ASCO) symposium that found that debt collectors had contacted about half about cancer care bills. HCP said that 49% had heard from debt collectors while AccountRecovery.net put […]
Today, the Center for Responsible Lending released a new report examining the repayment experiences of borrowers of longer-term payday loans in Colorado. The report is based on focus groups that were conducted in four Colorado cities in September 2017. The full report is worth the read, but here are the key takeaways: In many cases, […]
by Jeff Sovern We just posted to SSRN the draft of our article, Validation and Verification Vignettes: More Results from an Empirical Study of Consumer Understanding of Debt Collection Validation Notices, Forthcoming in the Rutgers U. L. Rev. (with Kate Walton & Nathan Frishberg). Comments welcome! Here's the abstract: The federal Fair Debt Collection Practices Act obliges debt […]