Blog

July 23, 2013 - 6:45pm | Filed under: Debt Collection

I predict that 2013 will be viewed by consumer advocates as a game-change year for consumers with large, unpaid personal debts and facing oppressive debt collection lawsuits and calls from debt collectors.  That’s because on July 10, 2013, the Consumer Finance Protection Bureau (...

July 18, 2013 - 6:51pm | Filed under: Class Actions

The Chamber of Commerce, certain members of the U.S. Supreme Court and other ersatz "tort reformers" love to bash class actions and the lawyers who file them. But what do class action consumers say when they recover from one of the very few class cases to actually go to trial? Judging...

July 11, 2013 - 5:34pm | Filed under: Credit Reporting

Consumers across the country have fallen prey to credit repair who prepare and file lawsuits against debt collectors for allegedly accessing the consumer’s credit reports without a permissible purpose allowed by federal law.

In order to prevent being taken in by this scam,

...
July 9, 2013 - 5:17pm | Filed under: Other Areas of Interest

In Gideon v. Wainwright, 372 U.S. 335 (1963), the Supreme Court held that criminal defendants have a right to counsel under the Sixth and Fourteenth Amendments. No such right exists for low income persons in civil proceedings (with few exceptions), therefore the goal of Civil Gideon must be met by state and federal funding of counsel for low income individuals.

June 25, 2013 - 8:20pm | Filed under: Automobiles

It is very possible that the used car dealer lied to you about your vehicle's history.  

June 24, 2013 - 7:40pm | Filed under: Other Areas of Interest

The Penguin was turned loose by Google. That's bad news for some lawyer websites - but also a golden opportunity for many others.

June 21, 2013 - 4:42pm | Filed under: Forced Arbitration

Yesterday the U.S. Supreme Court’s decision in American Express Co. v. Italian Colors Restaurant delivered a devastating blow to small businesses, consumers and employees. In a 5-3 opinion, the Supreme Court held that corporations can force arbitration on small businesses and individuals...

June 20, 2013 - 3:26pm | Filed under: Debt Collection

Many people suffer unnecessarily for years with incredible loads of debt, which can be enforced and collected by a court judgment. Not only should people not bear such a burden for many years, but long delays by the consumer can limit helpful options. This posting will explain what delays are a...

June 18, 2013 - 4:31pm | Filed under: Debt Collection

Can debt collectors require consumers who wish to dispute a debt to provide the debt collector a written dispute so that consumers who dispute verbally cannot enforce their rights?  The answer might depend upon where the consumer files their lawsuit.

In Hooks v. Forman, Holt,

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June 10, 2013 - 8:47pm | Filed under: Credit Reporting

This past weekend (May 30th-June 1st) in Austin, TX, NACA hosted around 110 members for the 2013 Fair Credit Reporting Act Conference. Held over 2.5 days, the conference featured a number of informative sessions taught by the leaders in the field, a NACA sponsored  wine and beer reception,...

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