Article:
Mark Pettit, Jr., Representing Consumer Defendants in Debt
Collection Actions: The Disclosure Defense Game, 59 Texas L.
Rev. 255 (1981).
Abstract:
Lawyers representing consumer defendants in debt collection
actions often use the disclosure provisions of various federal
statutes, such as the Truth In Lending Act (TILA), as a
procedural tool against a creditor who has filed suit. This
stratagem is inconsistent with the original purpose of these
federal laws, which was not to allow consumers to escape payment
of debts they freely entered into. Moreover, this ploy is
arguably unfair to creditors, as it may be impossible to comply
with every jot and title of the act. However, in practice, it
often protects debtors who have been the victim of unscrupulous
sales tactics.