Consumer Debt Servicing and Collection Practices

Creditors and consumers alike get excited about originations.  But credit losses are a financial services reality, and when things go south with a customer the initial excitement yields to more serious consequences when that customer starts missing payments and defaults on the credit obligation.  Numerous federal and state laws and regulations impact the management of accounts receivable and creditors’ and servicers’ routine and default servicing, collection, and recovery efforts.  Those laws and regulations impose requirements and limitations not just on creditors and servicers, but on collection agencies, collection law firms and secondary market debt buyers.  From licensing to collection conduct rules to recovery of collateral and deficiency balances, the web of federal and state laws that apply to debt collection is complex – and the consequences for non-compliance can be serious.

Our attorneys who focus on this practice area have seen first-hand the evolution of collection practices and strategies, and the federal and state regulatory landscape.

Other Practice Areas
Attorneys Practicing in this Area
INSIGHTS

For decades, we have counseled clients engaged in account servicing, debt collection and recovery on:

 

 

  • Servicer and collection agency licensing and application of exemptions
  • Appropriate regulatory policies and procedures
  • Risk management related to the purchase and sale of accounts or receivables
  • Compliance with federal laws, including the Fair Debt Collection Practices Act and Regulation F
  • Issues relating to loss mitigation strategies
  • Compliance with state repossession and foreclosure laws
  • Development of consumer default notices and advice on the requirements for providing such notices
  • Compliance with state laws limiting recovery against certain assets
  • Compliant customer collection communications and dispute management
  • Federal and state regulator examinations and investigations
  • Vendor supervision, including supervision of third-party servicers and collection agencies
  • Defensive litigation

Legal Advice and Analysis

Attorneys Practicing in this Area

March 01, 2015

Don’t Fence Me In

Thomas B. Hudson

Partner Emeritus

December 01, 2015

Congressional Staff Report Reveals Sad Inner Workings of CFPB Fair Lending Attack on Dealer Compensation

L. Jean Noonan

Partner

April 01, 2015

Spacemen Abduct Regulators!

Thomas B. Hudson

Partner Emeritus

December 15, 2015

Can California Lenders Pay Referral Fees to Unlicensed Brokers?

Robert A. Cook

Partner Emeritus

May 01, 2015

Seismic Shift

Nicole F. Munro

Partner

January 01, 2016

Looking Ahead

Eric L. Johnson

Partner

September 01, 2015

Lots of Pages, But a Single Document

January 28, 2016

Asset Purchase or Consumer Loan: One State High Court Weighs In

Catherine M. "Cathy" Brennan

Partner

December 01, 2015

Here Come the “Readability” Police

Nicole F. Munro

Partner

February 17, 2016

The Commonwealth Decision

Catherine M. "Cathy" Brennan

Partner