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86 Miss. L.J. 151 (2017)
It's Your Money and We Want It Now: Regulation of the Structured Settlement Factoring Industry in the Era of Dodd-Frank and the Consumer Financial Protection Bureau

handle is hein.journals/mislj86 and id is 159 raw text is: 








IT'S YOUR MONEY AND WE WANT IT NOW:
   REGULATION OF THE STRUCTURED
 SETTLEMENT FACTORING INDUSTRY IN
   THE   ERA   OF  DODD-FRANK AND THE
   CONSUMER FINANCIAL PROTECTION
                    BUREAU





   INTRODUCTION               ....................................152
   I. BACKGROUND....       .............................. 155
      A. Overview and History of Structured
        Settlements   .......................... ..... 155
      B. Rise of Structured Settlement Factoring
        Companies    ........................... .... 159
      C. Overview of the Applicable Legal Concepts........... 160
      D. Current Regulation of Structured Settlement
         Factoring..........................       162
         1. State Regulations of the Structured Settlement
           Factoring Industry ........................ 165
         2. The Consumer Financial Protection Bureau... 167
   II. MAKING THE CASE FOR STRICTER REGULATION......... 169
      A. Clash of the Progressive and Libertarian
        Approaches   ......................... ...... 169
      B. Increasing Regulations on the Purchasing of
        Payment Rights Fulfills the Purpose and
        Advantages of Structured Settlements .......... 170
   III. STATE LEGISLATION INCLUDING SPENDTHRIFT
      PROVISIONS WILL PREVENT ABUSE BY FACTORING
      COMPANIES              ..................................... 171
      A. Classes of Structured Settlement Recipients to
        Apply Anti-Assignment Provisions....... ...... 173
      B. Protecting Structured Settlement Recipients
        Outside of Protected Classes  .................. 176


151

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