CFPB discusses impact of debt collection practices on surviving spouses

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On September 20, the CFPB published a blog post that addressed debt collectors targeting surviving spouses for the unpaid medical bills of their deceased partners. 

The blog post highlighted the vulnerabilities of surviving spouses and reports higher rates of depression, loneliness, increased household debts and decreased incomes compared to four years earlier. As described by the CFPB, surviving spouses were more likely to have unpaid medical bills, with an average amount of $28,749, compared to $15,785 for the rest of the population, and many surviving spouses reported significant drops in their credit scores and difficulties in refinancing or qualifying for financial programs.

The blog post also discussed the CFPB’s concerns that debt collectors may provide misleading information about a surviving spouse’s responsibility for the deceased’s debts and use aggressive tactics (i.e., frequent and harassing phone calls) to pressure surviving spouses into paying debts they may not be legally obligated to pay. Further, the CFPB expressed concerns that potentially illegal collection attempts were still prevalent despite some states having laws to protect surviving spouses from being held responsible for their deceased partner’s medical debts and the FDCPA’s prohibition against abusive, unfair or deceptive practices by debt collectors. As part of its efforts to address such concerns, the CFPB has committed to working with state regulators and law enforcement to pursue debt collectors who engage in illegal debt collection efforts. The blog post also included a checklist and a list of CFPB tips and resources to help surviving spouses take control of their finances following the death of a spouse.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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