Archive for May 2012

FTC Suggests Use of Confusing Language in Debt Collection Letters

Prelude: In 2010, the Federal Trade Commission released a study entitled “Repairing A Broken System: Protecting Consumers in Debt Collection Litigation and Arbitration.” What follows is part two of a report on their latest repair efforts. In a February blog post, I explored the Federal Trade Commission’s press release equating a potential defense (the expiration of a limitations

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Prof. Chris Peterson Joins the CFPB

As reported today in the Consumer Law and Policy Blog, University of Utah Law Professor Christopher L. Peterson joined the Consumer Financial Protection Bureau as a Senior Counsel for Enforcement Strategy. Although Professor Peterson and I do not see eye to eye on many issues, over the past decade his scholarly works have impacted consumer financial services

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Section 1692g Written Dispute that also Contains a Cease and Desist Does Not Prohibit a Debt Collector From Sending Verification

Sending verification in response to a consumer’s written demand for verification under 15 U.S.C. § 1692g, which also contains a cease and desist demand, does not violate § 1692c under a holding from the Western District of New York in Marino v. HoganWillig, PLLC, 11-cv-453 (W.D. NY April 24, 2012). The Court refused to read § 1692c(c)

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