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Testing Materiality Under the Unfair Practices Acts: What Information Matters When Collecting Time-Barred Debts?Nathalie MartinUniversity of New Mexico - School of Law Timothy E. GoldsmithUniversity of New Mexico - Dept. of Psychology August 2010 Consumer Finance Law Quarterly Report, Forthcoming Abstract: Should creditors and debt collectors be required to disclose the fact that a debt is time-barred when attempting to collect from a consumer? This article describes an empirical study that compares how consumers react to two different collection letters, one in which the recipients are told explicitly that the debt being collected is time-barred, and one in which they are not given this information. The study measures whether consumers are equally willing to pay the debt, when they are told that the debt is time-barred. Appended to the article are the survey questions asked of the study participants.
Number of Pages in PDF File: 24 Accepted Paper SeriesDate posted: August 13, 2010Suggested CitationContact Information
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