On March 21, the Federal Trade Commission issued a warning that portfolios of alleged payday loan debts serviced by AMG Services are bogus.  The alleged lenders – USFastCash, 500FastCash, OneClickCash, Ameriloan, United Cash Loans, AdvantageCashServices, and StarCash Processing – never authorized, assigned, or sold any of their loans for third-party collection.  Consumers may not even owe the alleged debts.

The FTC confirmed that these loans were a sham through the declaration of the former general counsel of AMG Services, Michael Jared Marsh.  Marsh's October 2015 declaration, signed in connection with a related FTC lawsuit, expressly stated that none of the aforementioned lenders ever sold any of their customer or account information or placed with or sold to any third party their charged-off accounts.

The FTC's bulletin instructs companies that are in possession of one of these portfolios not to attempt to collect these debts or to try to sell the portfolios to anyone else.  If the company defies such instruction, it may be in violation of either the Fair Debt Collection Practices Act ("FDCPA") or the Federal Trade Commission Act ("FTCA").

The Troutman Sanders' Consumer Financial Services Law Monitor blog offers timely updates regarding the financial services industry to inform you of recent changes in the law, upcoming regulatory deadlines and significant judicial opinions that may impact your business. To view the blog, click here

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.