Texas Law Review Archives
 

Volume 59
1980-1981

Issue Number 2

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.
 



 











 




 











 


 








 

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