National Arbitration Forum basically offers a rubber stamp to debt collectors already, and they argue that courts should turn their awards into court judgments without looking too closely.
Are courts unreasonably tossing out arbitration awards? Nope. NAF is just advocating for its clients, the debt collectors, who have no proof of the debts on which they are trying to collect.
But wait, if debt collectors (debt buyers, in particular) have no proof, how can they win a lawsuit? Good point. They can’t. But they can win arbitrations, where arbitrators may play fast and loose with the rules of proof and evidence.
Which is why NAF does not want courts to look too closely at their awards. They might figure out that those awards are full of nothing but hot air.
Then again, maybe not. Courts are doing a pretty good job of rubber stamping debt collection lawsuits already. It is not clear to me that courts are anything other than a rubber stamp for debt collectors and buyers.
While NAF is fighting for less scrutiny in the courts, consumers must fight for more. If you find out about an arbitration or debt collection lawsuit against you, use the resources available, including volunteer lawyers, forms, and brief legal help to make sure the courts do not just rubber stamp your case.
Why the NAF Wants Courts to Lower the Burden of Proof on Debt Collectors [Consumer Law & Policy Blog]