Debt Collection

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Artificial intelligence is rapidly transforming consumer financial services, and consumer debt collection is no exception. AI already is being used in a variety of first-party and third-party consumer debt collection activities, ranging from account scoring and communication strategies to payment-plan optimization and compliance monitoring.

In our Consumer Finance Monitor podcast show being released today, our special guest John McNamara, Chief Growth Officer at Avtal (a fintech and software as a service (SAS) company that provides an AI-powered, white-labeled digital engagement platform to help third-party consumer debt collection agencies automate communication and process self-service payments) and  a former CFPB senior official who played a significant role in developing Regulation F promulgated under the Federal Debt Collection Practices Act explained that the debt collection industry needs to distinguish genuine AI applications from the marketing hype surrounding the technology.… Continue Reading

In March, we reported on New York City’s new Stopping Harassment and Intimidation and Ensuring Lawful Debt Collection Rule (the “SHIELD Rule”), which substantially expands the Department of Consumer and Worker Protection’s (“DCWP”) regulation of debt collection in New York City and goes beyond the federal Fair Debt Collection Practices Act (“FDCPA”) and Regulation F. … Continue Reading

In the final episode of our Debt Sales 101 mini-series, we focus on what happens after a debt sale closes and how sellers manage ongoing compliance, oversight, and risk. We discuss how regulators view debt sales as a managed activity rather than a clean exit and what that means for post-sale responsibilities.… Continue Reading

In Episode 5 of our Debt Sales 101 mini-series, we turn to contracting and closing, where legal structure, regulatory expectations, and commercial terms come together to define the transaction. We discuss the key provisions in a debt purchase and sale agreement and how those provisions allocate risk between buyers and sellers.… Continue Reading

In Episode 4 of our Debt Sales 101 mini-series, we focus on the current regulatory landscape governing debt sales and how recent developments are shaping the market. We discuss how oversight has become more fragmented, more active, and increasingly driven by state regulators and attorneys general, and how that shift is affecting both buyers and sellers.… Continue Reading

In Episode 3 of our Debt Sales 101 mini-series, we discuss who buys charged-off debt and how debt sale transactions are typically structured. We explain how different buyers specialize in different asset classes and how buyers evaluate portfolios from legal, regulatory, and commercial perspectives.

From a buyer’s perspective, purchasing debt is not just a credit decision.… Continue Reading

In Episode 2 of our Debt Sales 101 mini-series, we move from the “why” behind debt sales to the “what.” Specifically, we discuss what types of debt can be sold, how portfolios are typically composed, and the legal and regulatory considerations that determine whether debt is appropriate for sale.

Not all debt is equally marketable, and not all accounts within a portfolio carry the same legal, regulatory, or operational risk.… Continue Reading

We are pleased to release Episode 1 of our new podcast mini-series, Debt Sales 101. In this first episode, we start with the fundamentals and discuss what a debt sale is, how these transactions are structured, and why companies choose to sell debt.

Debt sales are often discussed in simple terms, but in practice they sit at the intersection of business strategy, legal structure, and regulatory compliance.… Continue Reading

As part of his campaign for election, New York City Mayor Zohran Mamdani vowed to make New York City more affordable. To that end and as part of his affordability initiative, he has issued Executive Orders 9 and 10 intended to crack down on “junk fees” and “subscription tricks and traps,” using the New York City Department of Consumer and Worker Protection (DCWP) to implement the initiative.… Continue Reading

As required by amendments to the FDCPA made by Section 1089 of Dodd Frank, the CFPB recently released its annual report to Congress on FDCPA compliance. We note below information provided by the bureau about the complaints it received in 2024, the results of examinations publicly reported in 2024, and enforcement actions by other agencies. … Continue Reading