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Category Archives: Consumer Protection

Are You Being Harassed by Your Creditors?

If creditors are harassing you, you do not have to accept the behavior as part and parcel of being in debt. The Fair Debt Collections Practices Act (FDCPA) protects consumers from unfair and abusive behavior by debt collectors.

A debt collector, for the purposes of the FDCPA, is any debt collector trying to collect money owed to someone else. In some cases, the original creditor …

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Unlawful Credit Inquiries Damage Consumers

Poor Credit, Business Concept for Background

On consumer credit reports, there is a section entitled “credit inquiries.” Included in this section is a list of names or companies to which the credit reporting agency has supplied access to the credit report. Many consumers will not recognize the names listed under credit inquiries on their credit report but will assume the inquiries are lawful. But in …

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How to Protect Yourself Against Inaccurate Credit Reporting

Credit History Report and Score with chart and glasses on desk

Many consumers have inaccurate or false information on their credit report – and they don’t even know it. They discover this fact when they attempt to use their credit to purchase a car or a home or obtain a credit card. The denial they receive in response to the credit check usually inspires them …

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How to Prepare a Debt Collection Defense

Being served papers for a debt collection lawsuit is one of the most stressful moments many people ever experience. If you are in this situation or you are waiting for this dreaded moment to arrive due to unpaid debts, don’t despair. You can and should defend yourself against a debt collection lawsuit. A failure to show up in court could lead to a default judgment …

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In the News: State Farm Bank FCRA Lawsuit Settlement Announced

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When State Farm Bank allegedly obtained consumer reports without a permissible purpose, they were in violation of the Fair Credit Reporting Act (FCRA) and Regulation V. In late 2018, a settlement was announced to resolve the suit. According to the settlement, State Farm Bank, a federal savings association agrees not to violate the FCRA or Regulation V. They …

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In the News: Charity TCPA Lawsuit Ends with Close to a Million in Fees

The Epilepsy Foundation of America attempts to save lives through community service, public education, campaigns to further accessible care, increased research initiatives, and raising funds for new therapies. It seems that helping to care for people suffering from epilepsy would be an admirable use of the average American’s disposable income, and the foundation making calls to those Americans to advise them of the chance they …

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In the News: Night Club Accused of TCPA Texting Violations

In a nationwide class action lawsuit, plaintiffs allege that a prominent Miami nightclub, Diskolab, violated federal text messaging law under the Telephone Consumer Protection Act (TCPA). The claims came in response to a text message campaign that began on January 8, 2019. The case remains in the pleading stages of the proceedings in the United States District Court for the Southern District of Florida.

Alleged

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In the News: District Court Grants Summary Judgment on Debtor’s FDCPA Claims

In McBroom v. Syndicated Office Systems d/b/a Central Financial Control, No. 2:18-cv-00102-JCC, the U.S. District Court for the Western District of Washington granted the debt collector’s motion for summary judgment. The borrower in the case made a Fair Debt Collection Practices Act claim stemming from a letter collecting requesting payment for unpaid medical bills.

The borrower or plaintiff in the case, Charles McBroom, received …

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How to Stop Creditor Harassment

Do you feel like you may be a victim of unfair debt collection practices? Are you being harassed by a collector? Are you receiving multiple phone calls from a collector each day? Does the debt collector contact your friends, relatives or employer? Does the collector threaten you? Does the collector use offensive language?

If you answered use to any of these questions, you probably …

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