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    November 13, 2014 Major Banks Tell Credit Reporting Agencies That Consumers Owe Debts Discharged in Bankruptcy

    Usually, zombie debt is associated with unscrupulous debt collectors, trying to collect debts beyond the statute of limitations or which were discharged in Bankruptcy. However, according to Jessica Silver-Greenberg at the New York Times’ Dealbook, four major banks are under investigation: JPMorgan Chase, Bank of America, Citigroup and Synchrony Financial (formerly GE Capital). Read more

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    November 13, 2014 Debt Brokers Published Consumer Financial Information on Public Website

    Two debt brokers (businesses which buy junk debt, then sell it to other junk debt buyers) were sued by the FTC earlier this year for posting on the internet private personal financial information about individual consumers for public view, as part of their attempts to market portfolios of junk debt to JDBs. Read more

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    November 12, 2014 Lenders Disabling Cars Remotely: The New Face of Subprime Auto Loans

    Auto-lenders have found new weapons to use against consumers believed to be in default: ignition interruption devices and GPS tracking. These weapons allow creditors to prevent consumers’ cars from starting. Jessica Silver-Greenberg (author of an outstanding series of articles on debt collection, here) and Michael Corkery report here. Read more

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    November 12, 2014 CFPB Report: Older Consumers Face Debt Collection Problems

    The CFPB has released this report about debt collection complaints made by older consumers (those identifying themselves as 62 or older). The report reveals that older consumers suffer similar collection problems to consumers generally. Nearly 50% of complaints are about the collection of debts that older consumers do not owe, and in nearly 30% of… Read more

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    November 4, 2014 NPR & ProPublic Report on The Effects of Garnishments

    NPR and ProPublica have been studying the use of garnishments to collect consumer debt, with the help of payroll firm ADP. Garnishment occurs when a court orders a judgment debtor’s employer to turn over some of the debtor’s paycheck to a creditor, or orders a bank to turn over the contents of a debtor’s accounts… Read more

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    November 4, 2014 Sixth Circuit Holds Debt Buyer PRA Cannot Claim Prejudgment Statutory Interest

    The Sixth Circuit Court of Appeals has decided Stratton v. Portfolio Recovery Associates, a proposed FDCPA class action, which grew from a typical debt buyer lawsuit. Read more

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    November 4, 2014 CFPB Supervision Reports Highlights Failings by Student Loan Servicers and Collectors

    The CFPB’s Fall 2014 supervisory highlights, covering supervisory activity between March and June, points to failings by student loan servicers and debt collectors. The highlights identified six failings by student loan servicers, including misleading statements to consumers and telephone harassment. Debt collectors’ misconduct included charging illegal convenience fees to consumers paying by credit card, false… Read more

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    October 29, 2014 CFPB’s Student Loan Ombudsman Report Reveals Private Student Loan Securitization Problems

    The CFPB’s Student Loan Ombudsman has issued a report on consumer complaints about student loans. Of particular interest is situation of private student loan borrowers, whose loans were securitized (bolding added by me for emphasis): While securitization is often closely associated with the mortgage market, securitization activity in the student loan market has also been… Read more

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    October 29, 2014 Military Lending Act Amendment Proposed

    The Department of Defense is proposing to expand the reach of the Military Lending Act’s interest rate cap. The Act caps the interest rate on some kinds of loans to servicemembers at 36%. At present the Act’s cap applies to relatively few loans. Read more

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    October 29, 2014 CFPB Consumer Complaints Database: A Portrait Of Collection Misconduct In Maryland

    The CFPB started collecting consumer complaints regarding debt collection in July, 2013. Fourteen months later, the data for Maryland paint an interesting picture of the collection industry’s activities in the state. Read more

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  • Practice Areas
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