Coerced Debt: New York’s Landmark Law and Emerging Trends Nationwide - Part 1

On May 12, 2026, we produced a 90-minute webinar in which we explored one of the most important and rapidly developing issues in consumer financial services law: coerced debt and the emerging legislative efforts designed to address it. The webinar has been re-purposed into a two-part podcast series, the first of which is being released today, June 11^th, and the second of which is being released next Thursday, June 18th. Alan Kaplinsky, Founder, former Chair for 25 years and now Senior Counsel of the Consumer Financial Services Group at Ballard Spahr, LLP hosted and moderated this discussion. 

The discussion examines the growing recognition that individuals, often survivors of domestic violence, elder abuse, human trafficking, or other forms of coercive control, can be manipulated, threatened, or deceived into incurring debt without meaningful consent. The program focuses in particular on New York’s newly enacted coerced debt statute, which creates a framework allowing consumers to challenge the enforceability of debts incurred through coercion and requires creditors and debt collectors to investigate such claims.

The episodes feature an outstanding panel of experts from academia, legal services organizations, consumer advocacy groups, and private practice. Professor Angela Littwin of the University of Texas School of Law discusses her groundbreaking research on coerced debt, including empirical studies demonstrating the prevalence of the problem and the inadequacy of traditional legal remedies such as divorce proceedings, bankruptcy, and fraud defenses. Representatives from CAMBA Legal Services, Brooklyn, New York, Divya Subrahmanyam and Naomi Young, explain how the New York statute is intended to operate in practice, including the evidentiary requirements imposed on survivors, creditor obligations upon receipt of a coerced debt claim, and the practical challenges survivors face in seeking relief.

The program also examines the broader national landscape. Carla Sanchez-Adams of the National Consumer Law Center discusses similar legislative initiatives developing across the country, including laws enacted in states such as California, Texas, Connecticut, Minnesota, Maine, Illinois, and Vermont, as well as pending legislation elsewhere. Carla and the panel further analyze the interaction between coerced debt claims and existing federal laws such as the Fair Credit Reporting Act and Truth in Lending Act, while also addressing ongoing efforts to expand federal protections.

Finally, Ballard Spahr attorney, Dan Wilkinson, offers an industry perspective on the significant operational and compliance issues created by these laws for banks, finance companies, debt collectors, and other financial institutions. The discussion highlights the challenges of identifying coerced debt claims, conducting investigations while protecting survivor confidentiality, training frontline personnel, and balancing consumer protection concerns with fraud prevention and risk management obligations.

This podcast and the one we are releasing next week provide a comprehensive and balanced examination of a fast-evolving area of consumer finance law that is likely to have substantial implications for creditors, debt collectors, compliance professionals, consumer advocates, and policymakers nationwide.

Part 1 of this discussion includes an introduction to the topic and the speakers by Alan Kaplinsky, an overview of coerced debt by Angela Littwin, and the analysis of the New York statute by Divya Subrahmanyam and Naomi Young. 

Part 2 of the discussion, which is being released next Thursday, June 18^th, will cover theories of liability under existing federal and state laws and bills pending in other states by Carla Sanchez-Adams, the Industry Perspective by Dan Wilkinson, and the key takeaways and closing by Alan Kaplinsky. 

Consumer Finance Monitor is hosted by Alan Kaplinsky, Senior Counsel at Ballard Spahr, and the founder and former chair of the firm's Consumer Financial Services Group. We encourage listeners to subscribe to the podcast on their preferred platform for weekly insights into developments in the consumer finance industry.