fdcpa

Court Shoots Down Sneaky Attempt to Foil a FDCPA Class Action

– Posted in: consumer case law

Plaintiff filed an action in state court alleging violations of the Fair Debt Collections Practices Act (FDCPA). Defendant MEDICREDIT, INC. transferred the action to a federal court. While there, MediCredit asked the federal court to dismiss the class action after it offered a judgment to the Plaintiff for $2000.00. The plaintiff filed a motion void [...]

Government Accuses National Credit Adjusters of Collecting Usurious and Invalid Payday Loans

– Posted in: consumer news
National Credit Adjusters Sued for Usurious Payday Loans

National Credit Adjusters, LLC is a national “debt clearinghouse” that purchases defaulted payday loans.  Grabbing payday loans from all over the nation, National Credit Adjusters attempts to collect them in the respective states.  The payday loans associated with Arkansan consumers contain usurious interest rates that are unlawful pursuant to Arkansan law. The attorney general for [...]

Asset Acceptance Calls a Consumer a Fat Motherfucker While Trying to Collect Debt NJ Plaintiff Says

– Posted in: consumer case law

Asset Acceptance to be judged by a jury. Dopey Asset Acceptance, a debt collector, cannot hide behind procedure to exclude from evidence a voicemail that captured it accusing a consumer of being a “fat motherfucker.” A consumer filed a lawsuit in the federal court of New Jersey alleging that Asset Acceptance violated the Fair Debt [...]

In Introducing EDCAA, the Senate’s Funnyman Al Franken Sees No Humor in Debt Collection Abuses

– Posted in: consumer news
EDCAA Seeks to Amend the FDCPA

Sen. Al Franken (D-MN), a Saturday Night Live sketch comedian (think “Daily Affirmation with Stuart Smalley”), writer, actor, and author, recently introduced legislation in the U.S. Senate to tighten and modernize the nation’s Fair Debt Collection Practices Act (FDCPA).  The FDCPA attempts to regulate what and how debt collectors can attempt to collect consumers debts.  [...]

FDCPA Court Permits Consumer to Admit Into Evidence a Settlement Payment to End a Time-Barred Collection Suit Against Stock & Grimes

– Posted in: consumer case law

Hamid v. Stock & Grimes.  In this consumer protection matter, a Pennsylvania consumer sued Stock & Grimes, LLP, a debt collection law firm, under the Fair Debt Collection Practices Act (FDCPA).  She sued Stock & Grimes for having first sued her in a state-court debt collection action.  She defended against the collection action claiming that [...]

Industry Advocate Says 80% of Debt Collectors Use or Will Use Text Messages to Collect Debts

– Posted in: consumer news

Text Messages.  A debt collection industry advocate reported on a non-scientific poll where industry visitors were asked how text messages play a role in debt collection.  According to LiquidEdge’s June 2012 Industry Poll (of Newport Coast, California), participants were asked to report their use of text messages as a “part of their overall collection strategy.” [...]

The FDCPA Provides Important Consumer Protections

– Posted in: fair debt

When consumers get in over their heads financially, they may become the victims of harassing phone calls from overzealous debt collection agencies.  These agencies often practice other unscrupulous tactics that are illegal.  The Fair Debt Collection Practices Act (FDCPA) was passed in 1978 to protect consumers from abusive and harassing behavior by debt collectors.  The [...]

Debt Collectors Reported Most by Consumers, FTC Says

– Posted in: consumer news
FTC Sues Asset Acceptance for Stale Debt Deceptions

For the last known year, 2010 was the worst year for consumers dealing with debt collection agencies.  According to the Federal Trade Commission (FTC), complaints about debt collectors are up 25% since 2008.  There were about 104,000 complaints in 2008 and about 140,000 in 2010.  All the while, debt collectors are aggressively lobbying Congress to [...]

A Perspective on Hayt, Hayt & Landau

– Posted in: debt defense
You May Keep Your Car in Bankruptcy

Hayt, Hayt & Landau is a New Jersey debt collection law firm with an office in Philadelphia. Despite many other sources on the internet claiming otherwise, its dunning letters and especially its lawsuits should be taken very seriously. It is a “real law firm” despite many erroneous websites claiming otherwise. The collection law firm is [...]

Discover Bank May Not Be Able to Sue PA Consumers Who Defaulted More than 3 Years Ago

– Posted in: recent lawsuits
Chapter 7 Bankruptcy is the Fastest Way to a Fresh Start

Today, our client won a decisive FDCPA victory against Stock & Grimes, LLP and, indirectly, against Discover Bank.  Our client alleged that Discover Bank through its debt collection law firm, Stock & Grimes, sued her in Pennsylvania after the expiration of Delaware’s 3-year statute of limitations.  Her opponents predictably, and “not surprisingly” according the Court, [...]

N.J. Federal Court Enters Judgment Against Collectcorp

– Posted in: judgments
Federal Court Enters Judgment Against Debt Collector

Consumer Litigation Group successfully obtained a judgment on behalf of its consumer client against the debt collector Collectcorp Corporation of Phoenix, Arizona.  The consumer's Fair Debt Collection Practices Act (FDCPA) lawsuit against Collectcorp alleged that Collectcorp fraudulently withdrew money from the consumer's bank account without authorization on a number of occasions.  After the consumer filed [...]

Consumer Sues Cawley & Bergmann, LLP for Violative Collection Calls

– Posted in: recent lawsuits
Credit Cards Cause Financial Problems

A New Jersey man sued Cawley & Bergmann, LLP, a New York debt collector, and he alleged it violated the Fair Debt Collection Practices Act (FDCPA).  His New Jersey federal court Complaint alleged that Cawley & Bergmann's agents recorded numerous debt collection voicemails without disclosures required by the FDCPA.  He is asking that the court [...]

Nevada Law Firm Vohwinkel, Sullo & Associates, LLC Sticks its Nose into New Jersey; Consumer Bites It.

– Posted in: recent lawsuits
Defaulted student loans to be collected

Vohwinkel, Sullo & Associates, LLC of Nevada on behalf of its client, Crown Financial Group, Inc. of Florida is alleged to have mailed a threatening debt collection letter to a New Jersey consumer according to a federal lawsuit she filed.  She alleged that not only did the debt collection letter fail to comply with the [...]

$32k Judgment Against Midland Funding, LLC

– Posted in: judgments
Through a Stipulated Judgment, the Jury Box Remains Empty

On April 11, 2011, the New Jersey federal court entered a judgment against Midland Funding, LLC pursuant to an agreement between the litigating parties.  The judgment entered provides $4750.00 to a consumer for alleged violations of the Fair Debt Collection Practices Act (FDCPA) and another $27,500.00 for the attorney's fees and costs of the consumer.  [...]

Asset Acceptance Alleged to Be Responsible for the Egregious Debt Collection Acts of PARC

– Posted in: recent lawsuits
Nast Debt Collectors Make Financial Problems Worse

A civilian defense contractor dependent on her continued security clearances was subjected to abusive debt collection by Premium Asset Recovery Corporation (PARC) and false credit reporting, a federal lawsuit alleges.  PARC alleged the defense contractor owed a mistaken sum of money to a hospital that should have been paid by her employer’s workers compensation policy.  [...]