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Financial Services Law Insights and Observations

CFPB and New York AG take action against debt collection operation

Federal Issues CFPB State Issues State Attorney General Debt Collection FDCPA CFPA

Federal Issues

On September 8, the CFPB and the New York attorney general jointly filed a lawsuit against a debt collection operation based near Buffalo, New York. The defendants include five companies, two of their owners, and two of their managers (collectively, “defendants”). According to the complaint, filed in the U.S. District Court for the Western District of New York, the defendants violated the Consumer Financial Protection Act, FDCPA, and various New York laws by using illegal tactics to induce consumer payments, such as (i) threatening arrest and imprisonment; (ii) claiming consumers owed more debt than they actually did; (iii) threatening to contact employers about the existence of the debt; (iv) harassing consumers and third parties by using “intimidating, menacing, or belittling language”; and (v) failing to provide debt verification notices.

The lawsuit seeks consumer redress, disgorgement, civil money penalties, and injunctive relief against the defendants.

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