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Wednesday, January 09, 2019

Comments

Jeff Sovern

Excellent points. They also seem different in goals, in that while both may be designed to deter, only one is intended to compensate for injury.

Adam Levitin

Jeff, beyond the differences in likelihood of enforcement between the sanctions system and FDCPA, the systems just seem fundamentally different in terms of remedies (discretionary vs. statutory, including attorneys' fees) and the ability to bring class actions. It's hard to see sanctions being a perfect substitute for FDCPA, and the CFPB's enforcement actions against law firms should be exhibit A in the fecklessness of state courts in cracking down on debt collection abuses by attorneys.

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