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Financial Services Law Insights and Observations

FTC permanently bans debt collectors

Federal Issues FTC Enforcement Debt Collection Settlement

Federal Issues

On March 15, the FTC announced that defendants in two cases will be permanently banned from the debt collection industry. As previously covered by InfoBytes, the FTC filed complaints against the defendants last year alleging the defendants used deceptive tactics to threaten false legal action through the use of robocalls to collect debts consumers did not owe or the operation did not have the right to collect. The actions were taken as part of the FTC’s “Operation Corrupt Collector”—a nationwide enforcement and outreach effort established by the FTC, CFPB, and more than 50 federal and state law enforcement partners to target illegal debt collection practices (covered by InfoBytes here).

Under the terms of the settlements (see here, here, and here), in addition to being permanently banned from participating in debt collection and debt brokering activities, the defendants are also prohibited from making misrepresentations to consumers, including (i) whether consumers are legally obligated to pay defendants; (ii) whether defendants are attorneys or affiliated with a law firm; (iii) the terms of any refund policy; and (iv) any material facts concerning products or services. The settlements also include monetary judgments of approximately $16.4 million and $11.2 million, which are both partially suspended due to the defendants’ inability to pay.