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New York state Chief Judge Jonathan Lippman proposed tighter rules on Wednesday to govern how banks and debt collectors sue consumers over unpaid bills. If adopted, the new proposals will require plaintiffs to provide more paperwork to support their claims.
April 30 -
WASHINGTON The Consumer Financial Protection Bureau released a report Thursday showing consumers are being "hounded" by debt collectors, adding more fuel to the fire in the agency's efforts to crack down on the industry's bad actors.
March 20 -
Banks and debt collectors are taking over courtrooms to press consumers for payments. Local officials see these 'rocket dockets' as a way to cope with a deluge of collections suits. But their judicial appearance may also mislead debtors into believing they face offers they can't refuse.
February 11 -
A consumer debt collection agency was shut down by New York Attorney General Eric Schneiderman on Thursday morning after dozens of complaints were filed about the company's business tactics.
May 1
State courts around the country are starting to reform the ways they handle lawsuits over unpaid bills, widening the regulatory overhaul of banks' and third parties' debt-collection practices.
New York's top judge last week
If adopted next month, the proposed rules would join a broader regulatory crackdown on the debt-collection industry. They would also address problems that are common in courts across the country, which are flooded by debt-collection lawsuits and sometimes rely on shortcuts to manage them.
Other states are also trying to fix some of those shortcuts. Maryland's district courts, which have drawn criticism for summoning borrowers to judge-less "rocket docket" mediation sessions with lawyers for banks and debt collectors, modified those sessions after American Banker
Now judges make announcements at the beginning of and sometimes during the sessions, making sure that defendants know they are voluntary, according to the incoming chief judge of Maryland's district courts.
That change still falls short of the total elimination that some consumer attorneys argue for. But it is part of a
The
"When you get a history of documented abuses there comes a point where you decide you have to do something," Jonathan Lippman, the chief judge of New York state, said in an interview this week.
Banks and debt collectors regularly resort to the courts when trying to recoup money from customers who have stopped paying their credit card bills or other loans. After writing off debts as uncollectible, banks regularly sell them for pennies on the dollar to third-party collectors, which then file lawsuits en masse to compel borrowers to repay them.
As a result, state courts are deluged by collections lawsuits that are estimated to number in the millions annually nationwide. Many of these suits are brought on the basis of faulty paperwork, and most of them are filed against people who are low-income and unrepresented by lawyers. More than 100,000 debt-collections lawsuits were filed in New York state courts last year, and 98% of them were filed against people who do not have lawyers, according to Lippman.
"Every creditor certainly has a right to collect on a debt, but we want the process to be fair and equitable," he says. "I think everybody in our profession understands that justice shouldn't just be for those who have the means, and you should have a level playing field."
Mark Schiffman, a spokesman for the trade group ACA International, the Association of Credit and Collection Professionals, says that his group's members abide by court rules now and will continue to do so. But he expresses concerns that New York's proposed changes might eliminate creditors' ability to sue borrowers over some legitimate debts.
"We'll follow whatever the rules are. What we just don't want to see is this being made so onerous that we are just wiping debt away for consumers," he says.
Maryland Modifications
When asked to name other states with consumer credit lawsuit best practices that he admires, Judge Lippman cites court rules in Maryland and Connecticut as well as legislation in California and North Carolina.
"I think it's continuing to be an emerging subject of interest to legislators and to lawyers, and I think there's been a spotlight on this in our state certainly," he says. "I think you'll continue to see reforms, and I hope that New York's efforts in this regard contribute to the dialogue on this."
Maryland in particular has been both praised and criticized for how it handles debt-collection lawsuits. Under Judge Ben C. Clyburn, who is retiring this month as chief judge for the District Court of Maryland, the state
These are court-organized settlement discussions between people that are being sued by banks or debt collectors, and the lawyers that are suing them. As American Banker
Now in that county, "a judge goes in in the morning and makes an opening statement to indicate that the resolution conference is voluntary, with no obligation" for the defendants to participate, Judge Morrissey said in an interview this week. He said when he was assigned to the courtroom recently, he made a second announcement later in the morning, to ensure that later-arriving defendants were equally informed.
The judge does not remain in the room to oversee the discussions between attorneys and defendants, because "the judges can't be involved in settlement negotiations," Morrissey says.
Consumer advocates have criticized the moderator-free mediation system as implicitly advantageous to the lawyers who call borrowers up to meet with them, and as confusing to the people who are being sued, many of whom do not have lawyers. Last year, about 5,100 people were summoned to the dockets, according to Maryland district court records.
Judge Morrissey says the courts are "trying hard" to ensure a level playing field for creditors and the people they are suing, in part by looking for ways to increase the legal aid or pro bono representation available to defendants who cannot afford lawyers. He is also joining Maryland's
The ongoing existence of the resolution conferences is useful for both the courts and for the people being sued, Morrissey says.
"I've worked diligently to tailor this program, and we've made numerous changes to it to try to make sure that it's fair," he says.
The sessions help borrowers who legitimately owe debts, by allowing them to negotiate for a better deal, he says.
"I think all parties should be encouraged to settle if they can," Morrissey says. "It's entirely voluntary. It's indicated in the forms, it's indicated by the courts and it's indicated by the judge that they don't have to do that. But frankly, people want the opportunity."
'Huge Improvement'
Judge Morrissey would not comment on the proposed New York state court reforms, saying that he had not yet read them. Those
But Judge Lippman also focused on how the courts themselves handle such suits, proposing that all of the states' courts adopt a standard "
Carolyn Coffey, head of the Consumer Rights Project for
"The answer form is very clear, with a list of the most common defenses in the consumer debt cases," so when her legal aid service works with people who have used it, "we don't have to help people amend their [defenses] as much, because they've nailed it on the first go-round," she says. "Extending the answer form statewide is a really simple and very helpful solution."
Consumer attorneys in other states agreed with Coffey's praise for New York's proposed reforms.
"It's very much cutting-edge stuff. They're way ahead of everyone else," says Aurora Dawn Harris, a lawyer who represents consumers in Southern California.
Michelle Weinberg, a supervising attorney at the
New York's "answer form" for defendants is "comprehensive, and it has just about everything I could think of in very short form," she says. "The example of the New York court hopefully will help the Circuit Court of Cook County recognize how important and necessary these rules are."
Representatives of banks and debt collectors, which are bracing for more regulations on several fronts, were more critical about New York's proposed reforms. The lawyer Joann Needleman, who represents creditors and debt buyers as a partner with the firm Maurice & Needleman, called the proposals "judicial advocacy gone wild," according to the
By promoting the use of the answer form, the courts are giving consumers documentation to assert claims that might not be complete or accurate, Needleman argues.
"So in effect the New York Courts are now giving legal advice to consumers," she wrote.
Schiffman, of the Association of Credit and Collection Professionals, was less immediately critical about New York's proposed rules. But he expressed concern that his industry was being unfairly singled out by regulators and authorities even for its legitimate business practices.
"We hope these changes are being made not just for debt collection but for all types of litigation," he said.