Texas Attorney General Greg Abbott filed suit against third-party debt collector First Integral Recovery for alleged violations of the state’s Finance Code. According to a press release issued by Abbott’s office, “First Integral Recovery’s representatives unlawfully claimed that the firm is associated with law enforcement agencies. After falsely citing their purported law enforcement ties, the defendant’s staff told debtors they faced arrest, prosecution and imprisonment because of their delinquent debt.” The press release went on to say that the enforcement action also cites the payday loan collector for “attempting to intimidate debtors and using profanity during debt collection calls,” as well as for failing to validate the debts. Furthermore, collectors allegedly refused to identify the name of the creditor during calls, which is a violation of state law.
Editorial is Tone Deaf to Consumer Law
The Southeast Texas Record, which touts itself as the region’s legal journal, is tone deaf when it comes to consumer law. A recent editorial, entitled “Suing the Collector is No Way to Repay a Debt,” suggests that consumers should expect and accept debt collector abuse. The editorial reads, in part, “You can tell them you just don’t have it and that incessant phone calls won’t change that unfortunate fact. You can threaten to sue for harassment or to declare bankruptcy. But still they’ll call. And why shouldn’t they? You owe them money and are obligated to repay it.” It then goes on to point a finger at Deborah Bright, who is suing an abusive debt collector in federal court, we assume for allegedly violating the Fair Debt Collection Practices Act. The editorial concludes, “We can sympathize with debtors who fall behind through no fault of their own. But a debt’s a debt. We hope Bright’s fortunes improve soon, so she can repay hers.”
The tone of the editorial is shockingly insensitive, particularly for a legal journal. While people should certainly pay debts they incur, and while debt collectors certainly have a right to collect on debts, the remedies outlined in the Fair Debt Collection Practices Act – namely, the ability for consumers to take abusive debt collectors to court – were included by Congress in order to hold debt collection agencies accountable. For the Southeast Texas Record to endorse breaking the law through abusive practices – and essentially telling consumers to “get over it” – is unconscionable. We can’t help but wonder if they also oppose avenues of redress for consumers who have purchased lemon cars (perhaps something along the lines of, “You were a sucker to buy the car, so live with it”).
Laws are on the books for a reason. Debt collectors abuse consumers because they believe they can get away with it. It appears that the Southeast Texas Record would give debt collectors free rein. We can’t help but wonder if there are any circumstances where they think debt collector behavior might cross the line. We wonder what the editors think of the following debt collector behavior, as described by the Washington Post’s Dina ElBoghdady:
In a complaint filed in a California federal district court a few weeks ago, the FTC alleged that Rumson, Bolling & Associates harassed a woman who was unable to fully pay for her daughter’s funeral. According to the agency, Rumson employees called the woman and told her that they would dig up her daughter’s body and hang it from a tree. They threatened to shoot and eat her dog. And they called her “white trash.”
Would Southeast Texas Record’s response still be, “And why shouldn’t they? You owe them money and are obligated to repay it.”
Texas Attorney General Files Against Encore Capital Group
Our June 24 post noted that the Federal Trade Commission and 38 state Attorneys General have opposed a proposed settlement in Vasalle v. Midland Funding LLC, its parent company Encore Capital Group, and Midland Credit Management. The judge in the case is scheduled to rule on the proposed settlement today (July 11), but Texas Attorney General Greg Abbott is leaving no stone unturned. On Friday, his office filed suit against Encore Capital Group, Midland Funding, and Midland Credit Management, charging the company with “falsifying and robo-signing affidavits, attempting to collect debts based upon inaccurate or incomplete account information, and employing unlawful and deceptive debt collection tactics.”
Why are these robo-signing practices so problematic? Debt collection agencies use sworn affidavits as a means of affirming to a judge that a consumer owes the debt in question. The vast majority of consumers don’t appear in court to defend themselves (often because they’re either not aware of a pending lawsuit against them), leaving the judge no option but to consider the affidavit proof and award the debt collection agency a judgment against the consumer. With a judgment in hand, the debt collector can go about enforcing the judgment, which in many cases involves seizing money from the consumer’s bank account.
If the foundation of an affidavit is faulty – if it’s based on erroneous information that a debt collection agency employee never checked into – a judgment has serious consequences for the consumer. A press release issued by the Texas Attorney General noted that Encore and Midland filed more than 60,000 lawsuits in Texas since 2002, and that:
“Court documents filed by the State indicate the defendants sometimes even used incomplete or inaccurate account information, targeted the wrong individuals for collection and attempted to collect debts that had been fully or partially paid. As a result, some Texans unnecessarily suffered financial hardships, such as improperly decreased credit ratings, loss of job opportunities or the ability to refinance their home.”
Texas AG Clamps Down on Payday Lender
Texas Attorney General Greg Abbott successfully obtained a temporary restraining order against Patrick D. “Dylan” White and his businesses – CASHMAX, Fed Cash, TOPCASH, and Cash Service Center. According to a press release issued by the Attorney General’s office, Oklahoma-based White allegedly sent Texans deceptive collection letters that “were delivered in envelopes that contained the Dallas County Clerk’s forged signature and improperly bore the official seals of both the State of Texas and Dallas County….The notice letters illegally threatened criminal prosecution, referenced a phone ‘case number’ and cited fictitious criminal penalties up to five years in prison and heavy fines.”
The Attorney General is seeking up to $20,000 per violation of the Deceptive Trade Practices Act and the Finance Code.

Sergei Lemberg




