Debt Collection

FTC and Illinois AG Settle With "Phantom" Debt Collectors For $47 Million

​On November 1, the Federal Trade Commission (FTC) and Illinois Attorney General’s Office (Illinois AG) announced (here and here) that they had reached a settlement to resolve a joint action brought against affiliated Chicago-based debt collectors that allegedly used false and misleading tactics in attempting to collect on payday or other small-dollar loans. The…

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DOJ Settles Claims With Auto Finance Companies Over Repossessing Active Duty Servicemembers’ Vehicles

On September 27, the U.S. Department of Justice (“DOJ”) announced that it had entered into a $760,000 settlement​ with two affiliated auto finance companies stemming from allegations that the companies violated the Servicemembers Civil Relief Act (“SCRA”), 50 U.S.C. § 3901, et seq., by failing to obtain court orders prior to repossessing vehicles owned…

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New York DFS Settles With Payday Loan Debt Collector and Servicer For $12 Million

On September 25, 2017, New York’s Department of Financial Services (DFS) announced that it had entered into a consent order​ with a payday loan servicer and debt collector over the servicing and collection practices on usurious payday loan debts, resulting in nearly $12 million in relief for affected consumers. Payday loans are illegal in New York, and…

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DOJ Obtains $907,000 Settlement for Auto Lender's Repossession of Active Duty Servicemembers' Vehicles

On September 18, 2017, the Department of Justice (“DOJ”) announced that it had entered into a $907,000 settlement with an auto loan lender and servicer (“Defendant”).  In its co​mplaint,​ filed the same day in the United States District Court for the Northern District of Texas, the DOJ alleged that the Defendant had…

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Five State Regulators Settle Claims Against Student Loan Debt Collector for $500,000

​On August 10, 2017, the Massachusetts Division of Banks (DOB) announced that it had reached, together with the financial regulators of Connecticut, Idaho, Minnesota, and North Dakota, a settlement with two companies, resolving allegations that their debt collection practices failed to comply with state and federal consumer protection laws, including the Fair Debt…

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Debt Collection Firm Enters Consent Judgment for $1 Million in Restitution with Massachusetts AG

On July 27, 2017, the Massachusetts Attorney General’s Office (Massachusetts AG) annou​​nced that it ​entered into a consent judgment​ with the largest debt collection law firm in the state and two of its principals.  The agreed consent judgment, which asserted violations of the Massachusetts Consumer Protection Act, G.L. chapter 93A, section 2, was entered​​ in…

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FTC Obtains Temporary Restraining Order Freezing Assets of Debt Collection Operation

​On July 10, 2017, the U.S. District Court for the Middle District of Florida entered a temporary restraining​ order (“TRO”) halting operations and freezing the assets of a debt collection operation, at the request of the Federal Trade Commission (“FTC”)​. The FTC charged the defendant company and individuals with violating Section 5(a)…

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Debt Collector Ordered to Pay $25 Million to State of Texas for Illegal Debt Collection Practices

On July 11, 2017, Texas Attorney General Ken Paxton secured a $25 million judgment and permanent injunction against a portfolio management company and a small law office for violations of the Texas Debt Collection Act, Texas Deceptive Trade Practices-Consumer Protection Act, and Identity Theft Protection and Enforcement Act. A jury in the District Court of…

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Massachusetts AG Obtains Preliminary Injunction Against Debt Collection Law Firm Over Illegal Practices

On July 13, 2017, the Massachusetts Attorney General’s Office (“Massachusetts AG”) announced​ that it obtained a preliminary injunction against a debt collection law firm and its principal attorney.  The Massachusetts AG alleged that the law firm engaged in unlawful collection practices, in violation of the Massachusetts AG’s debt collection regulations. The law firm collected debts for…

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