A debt buyer, one of those who continue to breathe life
into dead debt, hence, zombie debt, are whacked
again by the Consumer Protection Finance Bureau.
(CFPB) For the same conduct that is in a lawsuit someone
sent me today.
Zombie Debt Buyer Lawyer Practices – One
Among the wrongdoings admitted in this CFPB enforcement action was:
The attorney who reviewed each summons and complaint prior to filing did not have access to sufficient documentation to confirm the validity of the summary data provided by the client nor did any other firm employee generally review sufficient “Original Account-Level Documentation” before filing suit. The law firm, “in many cases,” did not obtain such documentation and relied only on summary data. “Original Account-Level Documentation” is defined as any documentation that an original creditor or its agent (such as a servicer) provided to the consumer about a debt or a complete transactional debt history created by an original creditor or its agent. (from JD Supra article linked to above)
The outrageous, yes, outrageous complaint I just reviewed states that: “An agreement (Agreement) was delivered to Defendant(s) and to the best of Plaintiff’s knowledge is in Defendant’s possession.”
This ridiculous assertion is in the complaint because the Michigan court rules require that the Plaintiff, the one suing, attach the contract, or other documents that are the basis for the suit. Unless the Defendant, the one being sued, has a copy of the agreement.
How many people do you know that have a copy of their credit card agreement?
On top of which, this suing debt buyer, does not even allege that it purchased the debt from the, alleged, original creditor. Oh no, they got it from another zombie debt buyer, who got it from another zombie debt buyer, who supposedly got the debt from the original creditor.
Zombie Debt Buyer Lawyer PROHIBITED Practice
From the same CFPB consent order:
The law firm, named partners and debt buyer are prohibited from threatening or initiating a collection lawsuit without having the following documentation in their possession: Original Account-Level Documentation that provides certain specified information about an account, a chronological listing of the names of all prior owners of the debt and the date of each transfer of ownership, a certified or otherwise properly authenticated copy of each bill of sale or other documents evidencing the transfer of the debt at the time of charge-off to each successive owner, and a document signed by the consumer evidencing the opening of the account forming the basis for the debt or Original Account-Level Documentation reflecting a purchase, payment or other actual use of the account by the consumer.
Hmmm, would be nice if that consent order covered the lawyers for this zombie debt collection firm.