Archive | Collections

Court Interprets “Loser Pays’ Provision in Consumer Contract

In a recent case (GATHER v. WALL & ASSOCIATES, INC., et al, 2017 –Ohio-765, March 2, 2017, ), the Montgomery County Ohio Court of Appeals decided that, while an arbitration provision in a consumer contract  was not “procedurally unconscionable” under the Ohio Consumer Sales Practices Act (CSPA), a “loser pays” provision requiring the losing party […]

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Federal Government Proposes Huge Overhaul of Debt Collection Industry

The federal Consumer Financial Protection Bureau (CFPB) recently proposed a significant overhaul of the multibillion dollar debt-collection industry.  The regulations are intended by the CFPB to provide more rights to consumers, while making it much tougher on debt collectors.  Some of the proposed regulations include restricting collectors from calling numerous times a day, and requiring […]

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