A new report from Pew describes how debt collection lawsuits have transformed state courts. Among the report's findings: Fewer people are using the courts for civil cases. Debt claims grew to dominate state civil court dockets in recent decades. People sued for debts rarely have legal representation, but those who do tend to have better […]
Shmuel I. Becher of New Zeeland's Victoria University of Wellington has written The Puzzle of Effective Consumer Protection Legislation: Challenges, Key Lessons and Design Principles, in The Law and Economics of Regulation, Mathis & Torr eds (forthcoming Springer, 2021). Here is the abstract: Legislation, even when well-intended, sometimes fails to provide the desired results. By […]
Yesterday, on behalf of a class of student borrowers, the National Consumer Law Center and Student Defense, with the support of the Student Borrower Protection Center, filed a class action lawsuit against the Department of Education and Secretary Betsy DeVos in federal district court in DC. The suit alleges that the Department is illegally garnishing […]
by Jeff Sovern Earlier this month, the CFPB issued a statement saying that during the pandemic, it would not enforce the 30-day deadlines for credit reporting agencies and furnishers to investigate reports of errors in credit reports, as long as they acted in good faith. I noted at the time that that would not appear […]
by Jeff Sovern The article is here. From being a data-driven agency, the Bureau has become a politics-driven agency. No doubt the payday industry was not hurt by spending money at a Trump hotel. The Times also reproduces the memo in question. I hope the House Financial Services Committee quickly convenes a hearing, online or […]
We posted two weeks ago that the Federal Trade Commission had sent warning letters to more than 25 companies to stop making unsubstantiated claims that their products could prevent or treat COVID-19 Last Thursday, the FTC sent 21 additional letters warning marketers throughout the United States to stop making unsubstantiated claims that their products and […]
by Jeff Sovern Because of the virus, people are experiencing more losses than usual and are not able to mark their passing with the rituals that help in times of death: in-person funerals, wakes, shiva calls, and the like. Consequently, death is becoming even harder for survivors than in normal times. Members of Congress could […]
Pamela Foohey, Dalié Jiménez, & Christopher K. Odinet have written CARES Act Gimmicks, How Not to Give People Money During a Pandemic and What to Do Instead, online at the Illinois Law Review. Excerpt (footnotes omitted): As a short term solution, money equivalents should have begun with an immediate nationwide eviction and foreclosure moratorium, accompanied by a debt […]
by Jeff Sovern In an April 16 letter, ACA International, which describes itself as "The Association of Credit and Collection Professionals," complained that "Advocacy organizations have made several recent claims that, 'debt collectors are eager to garnish [stimulus] payments – threatening families’ access to food, shelter, and medicine, and endangering public health.'” I'm not sure […]
The National Consumer Law Center has published a list of recommendations for actions that states can take to reduce the economic impact of COVID-19 on consumers and their families. The document summarizes NCLC's more detailed recommendations on auto finance, credit reporting, criminal justice debt, debt collection, medical debt, mortgage relief, preventing garnishment of stimulus checks, […]