New York AG Bars Collection Of Time Barred Debt By Debt Buyers

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On May 8, New York Attorney General (AG) Eric Schneiderman announced that two debt buyers agreed to resolve allegations that they engaged in improper collection of untimely debt against New York consumers. The AG claims that the companies purchased unpaid consumer debt—largely credit card debt—from original creditors and then sought to collect on that debt by suing debtors and obtaining uncontested default judgments against those who failed to respond to lawsuits, even though the underlying claims were outside of the applicable statute of limitations. The applicable statute of limitations is determined based on the state of the original creditor’s residence and may be shorter than New York’s six-year statute of limitations.  According to the AG, obtaining or collecting on a judgment based on such untimely claims is unlawful under New York law. Together, the companies allegedly obtained nearly three thousand improper judgments, totaling approximately $16 million. The companies will pay civil penalties and costs of $300,000 and $175,000 and agreed to vacate the allegedly improper judgments and cease any further collection activities on the judgments. The companies also agreed to adjust their debt collection practices by (i) disclosing in any written or oral communication with a consumer about a time-barred debt that the company will not sue to collect on the debt; (ii) disclosing in any written or oral communication with a consumer about a debt that is outside the date for reporting the debt provided for by FCRA that, because of the age of the debt, the company will not report the debt to any credit reporting agency; (iii) alleging certain information relevant to the statute of limitations in any debt collection complaint, “including the name of the original creditor of the debt, the complete chain of title of the debt, and the date of the consumer’s last payment on the debt”; and (iv) submitting an affidavit with any application for a default judgment that “attests that after reasonable inquiry, the company or its counsel has reason to believe that the applicable statute of limitations has not expired.”

 

Topics:  Attorney Generals, Debt, Debt Buyers, Debt Collection

Published In: Civil Procedure Updates, Consumer Protection Updates, Finance & Banking Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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