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Reviewing Files Prior to Filing

Reviewing Files Prior to Filing

The CFPB (Consumer Financial Protection Bureau) recently filed its second action against a major collection law firm. Interestingly both of these complaints involved multistate ‘mega’ firms, and in both cases, the allegations assert that the firm’s attorneys were not properly involved in the collection practices.According to the CFPB, the attorneys had not taken the time to review the account files to ensure whether or not they involved legitimate debts. This has become a problem among many collection firms; more and more law firms are acting as de facto “collection mills” where the bottom line is the only line that matters. These complaints give the distinct impression that no one is paying attention to the compliance laws that govern collections, and by extension, it’s not just the firms themselves that are getting into trouble.

At Hiday and Ricke, we can guarantee that’s not how things are done. We have a process to ensure that every file is reviewed and analyzed by our attorneys before anything happens. That means no letters, no calls, no filings — nothing, until one of our attorneys has personally reviewed the file to ensure that the matter is legitimate; that in our professional opinion the debtor owes the amount we are seeking. Although this would seem to be standard operating procedure for any collection firm, it apparently is not.

Aside from being ethically right, the laws governing collections are there for a reason. They safeguard consumers, while also safeguarding our clients and everyone else involved. We do everything we can to ensure that there will never be a file that comes back to haunt our clients by doing business the way we’ve always done it — the right way.

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