Law360's Evan Weinberger reports here (behind paywall). The case will decide whether debt buyers that don't have debt collection as their principal purpose, because, as in Santander's case, the debt buying unit is part of a multipurpose financial institution, are covered by the FDCPA. If the debt buyer wins, will we see debt buyers join with […]
Category Archives: Debt Collection
Here. Excerpt: Debt collectors will be required to comply with the Fair Debt Collection Practices Act, which is designed to curtail abusive or deceptive behavior. * * * Critics say collection agencies have been known to call delinquent debtors six or more times a week, give inaccurate information and use dubious methods to force payment. […]
Brad Wolverton's article, Your Wallet Will Suffer If This Agency Is Gutted, is an excellent roundup of the Bureau's accomplishments that cuts across a variety of areas, including student loans, credit cards, debt collection, mortgages, payday loans, credit reporting agencies, auto lending, consumer complaints, military protections, and arbitration. Excerpt: Collectively, for every $1 in federal spending on […]
Here. Excerpt: [T]here are three cases before the Supreme Court at various stages that not only deal with the CFPB, but with federal regulations that some fear that Trump's nominee, Neil McGill Gorsuch, currently a judge on the U.S. Court of Appeals for the Tenth Circuit, will have no patience with. Correction: An earlier version […]
Here. Pai, a Republican, has been critical of FCC interpretations of the TCPA (see here and here). Here's the perspective of ACA International, an industry organization : Of particular importance to the credit and collection industry, Pai has fiercely objected to the FCC’s more recent interpretations of the TCPA spearheaded by Wheeler. Authoring a hard-hitting […]
At SCOTUS blog. The headline: Justices appear divided over treatment of stale claims in consumer bankruptcies
SCOTUSblog has more here. The case is Henson v. Santander Consumer USA, Inc.
Here. Quoting from the Bureau's release: Consumer Financial Protection Bureau (CFPB) report released today found that over one-in-four consumers contacted by debt collectors felt threatened. The report was drawn from the first-ever national survey of consumer experiences with debt collectors. Over 40 percent of consumers who said they were approached about a debt in collection […]
Here (behind paywall). Excerpt: Brandon Wilson is a former armed robber who, after serving roughly a decade in prison, reinvented himself as a successful debt broker. * * * * * * [Wilson] explained it: “Part of the package you get of being my business associate or my friend is that I’m gonna protect you […]
Here. Excerpt: It will be interesting to see what Cordray attempts to accomplish between now and January 21, 2017. One thought is that he might try to focus on finalizing those rules that have already been out for public comment – payday and arbitration. With the completion of the debt collection SBREFA hearing in August, […]