As you may know, bill collectors are subject to more regulation than actual creditors. In other words, an employee of MasterCard or Visa can call you and say certain things legally, whereas an outside bill collection agency hired by the credit card issuing bank would be in violation of the law for saying or doing [...]
FDCPA
As a foreclosure defense attorney representing hundreds of homeowners in Florida, I have read literally a thousand foreclosure complaints over the last few years. Most every one includes a lost note count. As previously discussed, the reality is that the plaintiff is lying. It never had the note. Now, however, the note has been miraculously [...]
Part 15 of my review of Kevin Trudeau’s book, “Debt Cures “They” Don’t Want You to Know” examines Chapter 20: Stop Debt Collectors Cold. The purpose of the review is to examine whether Trudeau, who has had extensive involvement with credit card fraud and the Federal Trade Commission for some of his previous books, makes any sense [...]
A few days ago, I wrote a post on this blog suggesting that private “debt settlement” or “debt negotiation” companies often turned out to be rip-offs. Bankruptcy is certainly an option to deal with out of control debt but as any experienced bankruptcy lawyer will advise you, filing Chapter 7 or Chapter 13 should always [...]
Recently, our firm received a question from an individual/employer. The question was as follows: “My company gets calls from collectors for employees all the time. They will hardly ever identify themselves, but I have one company in particular who calls all the time. I have a log and their company name and address. Is that [...]
The Fair Debt Collection Practices Act covers letters to an attorney and not only to the consumer. This is not commonly understood, yet it can add dollars to your ultimate recovery. The Supreme Court’s benchmark decision, which ruled that attorneys are subject to the FDCPA, was itself based upon a lawyer-to-lawyer settlement demand for a false [...]
