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Posts tagged as “Debt Collection”

FTC, NY Attorney General to Host ‘Debt Collection Dialogue’

The FTC and the Office of the New York State Attorney General will host a “Debt Collection Dialogue,” aimed to be a conversation between government and business regarding consumer protection issues within the debt collection industry, in Buffalo, NY, on June 15. FTC Bureau of Consumer Protection Director Jessica Rich and New York State Attorney General Eric Schneiderman will deliver opening remarks. The afternoon program will be held at SUNY Buffalo State and will include a break and a Q&A period. Topics for discussion include recent enforcement actions, compliance issues, and consumer complaints regarding debt collection practices. The event will be the first…

VIDEO: Where Are the Missing CFPB Complaints?

The Consumer Financial Protection Bureau has issued its Consumer Response Annual Report which includes complaints related to debt collection. As it did in its Annual Report on Debt Collection issued on March 20, the CFPB again represents having received “approximately 31,100 debt collection complaints” in 2013. This number, however, is far greater than the number of debt collection complaints appearing in its public database. So where are the missing complaints? Last week Eric Rosenkoetter of the National Association of Retail Collection Attorneys provided some of his thoughts on where the missing CFPB complaints may have gone. Listen to Eric, David Reid of DBA…

New York Federal Court Strikes Down NYC Regulation of Attorneys Engaged in Debt Collection

A City of New York regulation that sought to regulate attorneys who practiced debt collection law, was struck down Wednesday by a Federal Court sitting in the Eastern District of New York because it violated New York’s Constitutional separation of powers. In Eric Berman, P.C. v.  City of New York the court found that New York City had exceeded its authority under New York law by enacting a regulation which dictated how licensed New York attorneys may provided debt collection legal services. The regulation attempted to distinguish attorneys who regularly send debt collection letters — what it described as attorneys who “regularly…

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 period) with a legal right. I’m headed back to that same press release to consider another questionable call from the FTC’s efforts to “repair a broken system.” So today, here is Chapter Two: “How to Confuse People Into Believing You Are Furnishing Negative Credit Information Concerning Them.”…

Violation of the New Jersey Professional Services Corporation Act Sufficient Basis for Violation of the FDCPA

When a New Jersey law firm purchased charged-off debt, then filed suit to collect it, it found itself facing a Fair Debt Collection Practices Act (“FDCPA”) putative class action. The lawsuit alleged that Hudson Law Offices, P.C. violated the New Jersey Professional Services Corporation Act (“PSCA”) by engaging in the business of purchasing defaulted credit-card debt and then suing alleged consumers to collect those debts. In denying the law firm’s motion to dismiss the Complaint, a New Jersey Federal Court Judge found that the a law firm organized under the New Jersey PSCA is prohibited from engaging in any business…