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EU Informal Debt-Collection Regulation: Failure by Design?


ISBN13: 9780198966159
To be Published: April 2025
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £100.00



Informal debt collection practices are rampant across many EU Member States while consumer debt levels and defaults are escalating at an alarming rate, fuelled by the lingering aftermath of the 2008 financial crisis, the COVID-19 pandemic, the ongoing war in Ukraine, and high inflation. While the EU has introduced some limited protections, systemic flaws, industry lobbying, and fragmented laws continue to enable abusive tactics that violate debtor rights and social norms.

Grounded in extensive legal analysis and empirical data, EU Informal Debt-Collection Regulation provides a comprehensive critique of the European Union's handling of informal debt collection, demonstrating how regulatory gaps allow abusive practices to flourish across member states. Tracing the development of informal debt collection from historical self-help tactics to modern, privatized approaches, this book illustrates the high costs of regulatory oversight failures on consumers and society.

Through a detailed analysis of EU directives and CJEU case law, this book argues that current regulations prioritize market efficiency and financial interests over consumer protection, exposing millions to financial and psychological harm. The book calls for a unified, holistic regulatory approach that balances market needs with robust protections, safeguarding individuals against predatory debt collection. This work serves as a crucial resource for legal scholars, policymakers, and practitioners interested in consumer rights and financial governance.

Subjects:
Insolvency Law, EU Law
Contents:
1:Informal Debt Collection in the European Union: Unfair Practices, Privacy Concerns, and Inadequate Regulation
2:Historical and Conceptual Background of Debt Collection
3:Debt Trading in the European Union
4:The Role of Debt Collection
5:Evolution and Impact of Consumer Credit and Utility Markets
6:Consumer Indebtedness and Debt Collection
7:The Debt Market in the European Union
8:Key Market Actors
9:Failure to Regulate: Financial Lobbying and Regulatory Capture at the European Union Level
10:Abusive Informal Debt Collection as an Unfair Commercial Practice
11:Credit and Intermediation of Recovery: The Consumer Credit Directive's Influence on Debt-Collection Practice
12:Contractual Pitfalls: The Unfair Contract Terms Directive and Debt Collection
13:Privacy Concerns: The General Data Protection Regulation's Impact on Informal Debt Collection
14:A Directive for the Industry: The Credit Servicers and Credit Purchasers Directive
15:Prohibited Behaviour under the Credit Servicers and Credit Purchasers Directive
16:Supervision and Compliance in the Credit Servicers and Credit Purchasers Directive
17:In Lieu of Conclusions