Debt buyer and collector EOS CCA (associated with EOS Holdings, Inc., Collecto Inc. and their wholly-owned subsidiary debt buyer, US Asset Management, all of which will be called “EOS” here) bought debts from AT&T in 2012. According to the CFPB, EOS paid $35.4 million for debts with a face value of $2.3 billion, about two… Read more
The Supreme Court gave a unanimous opinion in Jesinoski v. Countrywide Home Loans, Inc., agreeing in substance with an amicus brief filed by five consumer and civil rights groups: National Consumer Law Center, Center for Responsible Lending, AARP, ACLU and the National Association of Consumer Advocates. This is a rare victory before the Supreme Court… Read more
The Colorado Court of Appeals has addressed this issue in an unpublished opinion in LVNV Funding v. Ramsdale. The Colorado Court of Appeals is an “intermediate” court, meaning that, like the Maryland Court of Special Appeals, it hears appeals from trial courts, but it is not the highest court in Colorado – that is the… Read more
In a time of limited resources, perhaps a new model is emerging of joint CFPB/State Attorney General enforcement actions. The 2015 joint action by the Bureau and Maryland Attorney General Brian Frosh provides a nice case study. In 2015, Maryland Attorney General Brian Frosh and the Consumer Financial Protection Bureau took an action against a… Read more
The two largest debt buyers in the US, Encore Capital Group (owner of Midland Funding, LLC) and Portfolio Recovery Associates spoke with officials at the CFPB for over a year, a fact repeatedly mentioned by Encore and PRA in calls with their investors. In September, the results of those talks were announced by the CFPB. Read more
A proposed Consent Order has been filed in the CFPB’s enforcement action against Frederick J. Hanna Associates. This was the first enforcement action by the CFPB directly against a collection law firm and was the subject of a vigorous defense by Hanna and much comment in the trade press. Hanna lost its motion to dismiss… Read more
Portfolio Recovery Associates, the second largest debt buyer in the US, issued an annual report in 2014 containing an interesting message from CEO Steve Fredrickson: We do not charge interest on U.S. accounts, except in rare cases in which a court mandates an interest award in a legal case. This helps give light at the… Read more
In Partners v. Zimmer the Vermont Supreme Court held that Unifiund, a large debt buyer, was unable to prove the chain of title in a collection case. Unifund claimed to have bought the right to collect a debt originally owed to Citibank. The trial court refused to admit papers said to prove the chain of… Read more
Strong bankruptcy laws are part of America’s legal heritage. They allow people who make mistakes, or are just unlucky, a chance to start over by erasing their debts. Bankruptcy is not an easy process, since it involves either “liquidation” through Chapter 7 or several years in a Chapter 13 payment plan that takes up almost… Read more
This article examines current trends in debt buyer litigation, including a review of recent regulatory actions and the impact of debt buyer lawsuits on individual consumers and on small claims courts. The article calls for a ban on the sale of consumer junk debt by banks, and for a requirement to make public the terms,… Read more