Topping the agenda today for regulators of the consumer lending industry is the issue of collection documentation. The task force combines two of our strengths: litigators who defend all types of lenders, and regulatory lawyers with deep knowledge of the Consumer Financial Protection Bureau, the Federal Trade Commission, and the federal banking agencies.

Confined at first to the mortgage foreclosure area, collection documentation scrutiny is now a rising concern for non-mortgage lenders. A trickle of lawsuits by individual plaintiffs was clearly only the beginning. Now, governmental agencies including the Consumer Financial Protection Bureau, attorneys general in several states, and consumer advocacy groups have vowed to make non-mortgage documentation issues a priority.

As the scrutiny shifts from the mortgage foreclosure process to the collection of credit card, student loan, and other types of consumer debts, we believe that much of the risk can be mitigated and controlled by conducting risk assessments with our clients to identify and resolve any issues with collection documentation.

Working together, we help clients plan to avoid documentation problems and effectively defend claims by government agencies and private plaintiffs. Our services include:

  • Advising clients on how to structure policies and train employees to avoid documentation problems 
  • Assisting with the drafting of agreements related to debt sales and debt collection 
  • Representing clients in investigations and litigation 
  • Conducting internal reviews, either full-fledged or partial 
  • Simulating a government investigation to help clients detect and mitigate potential problem areas