fbpx

CFPB Suit Against Collection Companies Coming to a Settlement

A month or so ago, the Consumer Financial Protection Bureau (CFPB) filed suit against Encore Capital Group, Midland Funding, Midland Credit Management, and Asset Acceptance Capital. Details on that suit are here. It appears the parties have come to a settlement on the matter. Under the proposed agreement, the companies will extend provisions they agreed … Read more

Submit Your Comment to the CFPB if Debt Collectors Should Not Collect on Debt Outside the Statute of Limitations

The Consumer Financial Protection Bureau (CFPB) has extended the time for people to submit public comments on time-barred debt disclosures. The CFPB proposes to prohibit collectors from using non-litigation means (such as calls) to collect on time-barred debt unless collectors disclose to consumers during the initial contact and on any required validation notice that the … Read more

California Stands Up for Consumers – Again

Criticize California all you want but recent changes in California law actually does something people across the country think is common sense and needed. A bill in California legislature, (AB 1526) awaiting the signature of Governor Brown would go into effect on January 1, 2019. This new law will protect consumers from the collection of … Read more

Can My Private Student Loan Lender Still Collect From Me? – Anthony

Question: Dear Steve, Private student loans charged off years ago. Creditor reported to credit reporting agencies as such (at least to Transunion), but now has reported them as being OPEN and CURRENT with a $0 balance. My credit score has sunk 84 points in a month. Is this legal? If not, what can be done? … Read more

7 Things You Need to Know About the Statutes of Limitation for Debt

If you have old unpaid debts, it can be helpful to know the statute of limitation that applies to those debts. If the statute of limitation (SOL) has expired, a debt is said to be “time-barred,” and a creditor or debt collector is not supposed to sue you to collect. Here are the seven most common … Read more

The 2 Words Debt Collectors Don’t Want to Hear

While much of the debt collection world is straightforward and, quite honestly, a little boring, some people in the industry treat it like a free-for-all. “There are widespread attempts to add charges to debts that aren’t legal. Excess interest is something we’ve encountered quite frequently,” said Daniel Edelman, consumer law attorney, founder and partner at … Read more

CFPB and FTC Want Debt Collectors to Tell You When They Can’t Sue

On August 14, 2013, the CFPB, jointly with the FTC, filed an amicus brief in Delgado v. Capital Management Services, LP, et al., a case on appeal to the Seventh Circuit. The brief urges the Seventh Circuit to affirm the district court’s refusal to dismiss a class action complaint alleging that a debt collector’s letter … Read more

Which States Statute of Limitations Applies to My Old Debt? – Brooke

“Dear Steve, I purchased a van in Florida back in July of 2005. I did a voluntary repossession in February of 2007 in Virginia, after the bank would not wait two days for my first paycheck to clear my checking account (was two months behind). I never heard anything further from the bank after that … Read more

Debt Relief Companies and Time-Barred Debt. New CFPB Rules.

The Consumer Financial Protection Bureau has put out an examiners guide for debt collection agencies. Much of the information is of less interest to debt relief companies but one small section creates an important issue that debt relief companies should pay attention to. In the past we’ve written about the inclusion of time-barred debt in … Read more

What You Need to Know About Time Barred Debt the Statute of Limitations and Debt Collection

Photo Credit: Filin Ilia The Federal Trade Commission has released new information to help you better understand the issues surrounding Time Barred debt and debt expired under the Statute of Limitations. If you would like to learn more about specific state regulations you can use the free compliance module here. Understanding Your Rights When It … Read more

FTC and DOJ Announce Asset Acceptance Settlement Which They Want to Be Framework for Debt Collection Industry

David Vladeck director of the FTC’s Bureau of Consumer Protection and DOJ Assistant Attorney Tony West today conducted a conference call I attended to provide additional information regarding an announced settlement with collection company Asset Acceptance. In the settlement Asset Acceptance agreed to pay the second largest fine ever against a collection company for alleged … Read more

Free Debt Relief Industry Regulation and Legislation Tracking

I’m happy to announce today that both consumers and debt relief companies will now have FREE access to debt relief industry compliance, regulation, and legislation resources. This site module for the GetOutOfDebt.org site will give site visitors fee access to be better informed and educated about debt relief industry regulations. In this module you will … Read more

Collectors in NY, NM, WI, MS Forced to Tell Consumer if Debt Can Be Collected

The New York Times is reporting that more consumers will now be informed if old debts can be collected through the court or if they have passed the statute of limitations. Bill collectors in New Mexico will be soon required to inform borrowers they can’t be taken to court for long-overdue debts, changing the landscape … Read more

When Does The Clock Start Ticking on Time Barred Debts? – Jen

I have no statements from collecion agencies. First is Providian. charged off 2003. They sold accout to KnightsBridge (Ohio), settled with them in 2009, they are out of business. All I have is my banking history. Now Midland Financial is demanding money. I have sent a VOD letter, not heard anything back. Next one, 2002 … Read more

Did I Screwup When I Made One Payment On An Old Debt? – Dave

“Dear Steve, I have an old debt. It is more than six years old. The collection agency says that they can still collect since I have made a partial payment to them. There is nothing in writing between us. I live in Michigan and the statue of limitations is six years. Did the SOL clock … Read more