What New Debt Collector Rules Mean for You
Nerd Wallet
NOVEMBER 16, 2020
adults with debt in collections, knowing their legal rights is crucial. Working with third-party debt collectors can be confusing and scary. For the more than 68 million U.S.
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Dealing with Debt Collectors
Debt Free Colorado
FEBRUARY 21, 2022
Dray Legal Office’s attorneys will endeavor to help you obtain a fresh start by eliminating debt and reorganizing your finances. We at Dray Legal Office are well aware of the enormous stress that financial difficulties may cause. Debt Relief Attorney Serving Colorado.
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Common causes of bankruptcy that may surprise you
Roths Child Law
JANUARY 28, 2022
Gaining a better understanding of your legal rights when struggling with debt will help you to get back on your feet Bankruptcy is often thought of as something that only happens to people when they have been careless with money.
Karen Edler to speak at Volunteer Lawyers for Justice webinar on June 2, 2020
Price Meese
MAY 29, 2020
This webinar will address the basic legal rights of children under IDEA and New Jersey regulations in the midst of the COVID-19 pandemic. Karen Edler, Esq. will be speaking at the Volunteer Lawyers for Justice free webinar, Special Education Law and Advocacy During COVID-19, for parents of children with special needs on June 2, 2020 at 12:00 p.m.
The key advantages of Chapter 7 bankruptcy
Roths Child Law
AUGUST 6, 2021
Understanding this process as well as your legal rights in Tennessee is a crucial endeavor When faced with insurmountable debts, Chapter 7 bankruptcy can be the best way to regain control over your financial situation.
The key advantages of Chapter 7 bankruptcy
Roths Child Law
AUGUST 6, 2021
Understanding this process as well as your legal rights in Tennessee is a crucial endeavor When faced with insurmountable debts, Chapter 7 bankruptcy can be the best way to regain control over your financial situation. To make a more informed decision on what to do next, it is beneficial to understand some key advantages of this process. Outlined below are some key advantages that may assist you in getting your finances back on track: A chance to start over.
What are Deed Restrictions and When are They Enforceable?
Jimerson Firm
DECEMBER 16, 2021
Thus, restrictive covenants contained within a deed that reserve the grantor’s right to approve plans for improving the land are valid and enforceable against the grantee, unless that right or the exercise of it is arbitrary and unreasonable.
5 tips for creating a well-written credit application
Collections Law
OCTOBER 28, 2021
Include legal disclaimers and guarantees Your application should provide disclaimer language that allows you to investigate credit, as well as opting for litigation in the future, without prior notice. For many businesses, extending credit to customers is a necessary business model.
COVID Updates — The Latest News for Employers
Fraser
JULY 29, 2021
Despite social media “memes” and misinformation recently circulating suggesting the opposite, inquiring about a customer’s vaccination status is not a HIPAA violation or a violation of constitutional rights. This alert serves as a general summary, and does not constitute legal guidance.
What is the Difference Between the FDCPA and the FCCPA?
Jimerson Firm
DECEMBER 14, 2021
1692d); falsely represent “the character, amount, or legal status of any debt” (§ 1692e(2)(A)); or use “unfair or unconscionable means to collect or attempt to collect” a consumer debt (§ 1692f). Had actual knowledge that the right did not exist.
CFPB Releases List of “Consumer Reporting Companies” and Encourages Consumers to File More FCRA Suits
Troutman Sanders
FEBRUARY 28, 2022
According to the CFPB’s accompanying press release , the list is intended to allow consumers to “exercise their right to see what information these firms have, dispute inaccuracies, and file lawsuits if the firms are violating the Fair Credit Reporting Act.”.
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Consumer Advocates Propose New Model State Consumer Protection Act
Public Citizen
FEBRUARY 25, 2022
Report Details Impact on Consumers – and Democracy – of Corporate Attack on the Rule of Law, Proposes New Protections and Legal Procedures. marketplace – against which they have virtually no legal rights or remedies. “The relentless corporate assault on the rule of law has deeply damaged Americans’ confidence in the legal system, a development with dire implications for U.S.
Need to Know About Debt Negotiation and Settlement?
Sawin & Shea
AUGUST 24, 2020
If you’re dealing with debt and considering filing for bankruptcy, it’s a good idea to get professional legal advice on how to handle the proceedings. Stay educated about what debt collectors can and can’t do and state your rights if they step over the line.
Can a Lender Pursue Debt Collection After a Charge Off and 1099-C Issuance?
Jimerson Firm
FEBRUARY 10, 2022
However, debts that are considered uncollectable for federal tax purposes often remain collectable under applicable federal and state collections law as the contract rights are likely not extinguished. Banking & Financial Services Industry Legal Blog
Can Stimulus Checks Be Garnished in California?
Direct Recovery
JUNE 24, 2020
Let’s dive into the details and break down exactly what debt collectors can and cannot do right now. However, if there is no judgment in place, a commercial debt collector has no legal right to collect any portion of the stimulus check.
What Business Owners Should Know Before They Guarantee a Line of Credit
FFGN COLLECT NY
AUGUST 16, 2020
It’s important to understand your legal rights and options if you are being pursued as a guarantor of a business line of credit. The right legal advisor should understand how to advise you based on their personal experience with lenders and borrowers.
Give Your Company More Leverage If Your Customer Does Not Pay
The Kaplan Group
APRIL 12, 2021
In the USA, typically, you will not have the legal right to recover collection costs or attorney fees unless there is a signed written agreement with this provision. All too often, commercial debt collection becomes a negotiation.
How to Collect Debts Fast and Improve your Accounts Receivable
Debt Recoveries
JUNE 1, 2021
Yes, you are allowed to charge your customer for your recovery fees, including legal fees incurred, so long as they have agreed to these charges previously. Your terms should state that you will add your fees, charges, interest and/or legal fees after a certain time period. ?However,
Tri-Force and Ally Financial Sued for Wrongful Repossession in Indiana
Indiana Consumer Law Group
JANUARY 3, 2018
The lawsuit alleges that agents of Tri-Force breached the peace when they attempted to repossess a vehicle from our client and then, when our client physically resisted the repossession (as was his legal right to do), engaged the police to coerce our client to relinquish possession of the vehicle and thereby accomplish the wrongful repossession. It seems that some repo agents will say or do whatever is necessary to accomplish the repossession whether it is legal or not.
District Court in the Ninth Circuit Holds That Bureau-Level Decision Is Binding, Contradicting Fourth Circuit’s Decision on Remand in PDR
Collection Industry News
JANUARY 13, 2021
A Christmas Eve decision from the Northern District of California addressed an important and recurring issue in the TCPAWorld: Whether the Hobbs Act requires a district court to accept the FCC Consumer and Government Affairs Bureau’s (the “Bureau’s”) legal interpretation of the TCPA. First, despite holding that recipients of online faxes “have different legal rights,” the district court refused to decertify the class.
District Court’s FCRA Decision Offers Guidance for Employers on “Clear and Conspicuous” Disclosures and Willfulness
Troutman Sanders
SEPTEMBER 29, 2021
the Ninth Circuit Court of Appeals partially reversed , holding Fred Meyer had failed to comply with FCRA’s “standalone” requirement by providing, in good faith, an extraneous explanation of the applicant’s rights in its background check disclosure.
Sixth Circuit Examines Who is a Debt Collector for Purposes of FDCPA Section 1692(f)(6)
Consumer Financial Services Law
MAY 1, 2020
1692f(6) by dispossessing her of her personal property when there was no legal right to possession. The defendant attempted to contact the plaintiff to post notices on the property that the bank had foreclosed the property and advising her of certain rights available. 1692f(6) by dispossessing her of her property when there was no legal right to possession.
The DHS / CDC “September Surprise” – The Order to Temporarily Halt Residential Evictions
Fraser
SEPTEMBER 3, 2020
Under this Order a residential landlord or other entity with a legal right to evict is prevented from evicting “any covered person from any residential property in any jurisdiction to which this Order applies.” Some media outlets were reporting that some Michigan district courts are halting eviction procedures until the legality and enforceability of the Order is worked out. . This “other person with a legal right to pursue. Introduction.
18 Interesting Facts About Credit You Might Not Know
Credit Corp
MAY 22, 2022
You Have a Legal Right to an Accurate Credit Report. One of them, the Fair Credit Reporting Act , ensures your right to an accurate credit report. Many people know that they need to have a good credit score to make some pretty big purchases.
Washington District Court Awards $60,000 in Emotional Distress Damages to Plaintiffs in FDCPA Case
Troutman Sanders
JUNE 30, 2021
In Johnson v.
Think You Won Your Credit Card Dispute? Not So Fast
Credit Corp
AUGUST 16, 2021
The Truth in Lending Act is the federal law that gives consumers the legal right to dispute credit card charges if there is a billing error, which includes when property or services are not delivered to the consumer as agreed.
National Debt Relief Review
Better Credit Blog
FEBRUARY 11, 2022
Decide whether the company’s services are right for you with this review of National Debt Relief. Debt collectors might continue to contact you, and they also have a legal right to sue if you refuse to pay them. Key Takeaways. BBB-accredited business with an “A” rating.
Freedom Debt Relief Review
Better Credit Blog
JANUARY 20, 2022
Not explaining your legal rights: All good companies should have a solid grounding in consumer law and advise you on your rights if you ask. Promising to protect you from any legal action: In reality, being sued is always a risk of pursuing a debt relief program.
ACRAnet on My Credit Report
Better Credit Blog
NOVEMBER 23, 2020
In either case, you’re within your legal rights to seek validation for any inquiries on your report. Did the name ACRAnet recently appear on your credit report? If so, it’s probably because you’ve applied for a mortgage, a new apartment, or even a job.
CFPB Reaches Settlement With Debt Collector Over Deceptive Practices
Collection Industry News
DECEMBER 21, 2020
The Agency’s misrepresentation to debtors that they had a legal right to recover the debts owed forms the basis of the Bureau’s Consent Order. Last week, the CFPB issued a Consent Order against a New Jersey based debt-collection agency (Agency) over allegations that the Agency regularly violated the FDCPA and the CFPA in the course of their collection activity.
A Debtor’s Silence May Waive its Right to Enforce its Rights?under a Confirmed Plan of Reorganization
ABI
JANUARY 20, 2020
In a debtor/creditor relationship, a debtor may explicitly, or implicitly, waive their rights. In In re Parkland Properties , the Bankruptcy Court for the Northern District of Illinois held that a debtor may implicitly waive its right to enforce a reorganization plan confirmed under Chapter 11 of Title 11 of the United States Code (the “Bankruptcy Code”). [1] A party to a contract may waive its legal right to strict performance either expressly or implicitly by its conduct. [23]
Debt Collection Strategies to Collect Debt from Stubborn Clients
Stevens Lloyd
JULY 17, 2018
As a creditor, it is your right to get your money back which you have given to clients. Whether it’s a new client or an old one, you have the right and obligation to collect the amount you are owed. Getting angry and using abusive language against them is not the right solution. Know About Your Rights. So, it is required for you to know your legal rights. Professional debt collectors also help to keep you out of legal trouble.
CDC Enters a “Round 2” Modified Eviction Moratorium
Fraser
AUGUST 4, 2021
The general prohibition provides that: one “ with a legal right to pursue eviction or possessory action, shall not evict any covered person from any residential property in any county or U.S. Effective August 3, 2021, the Centers for Disease Control and Prevention (“CDC”) issued a second eviction moratorium that, by its terms, is effective August 3 through October 3, 2021. The text of the order can be found here.
CDC Orders Nationwide Moratorium on Evictions for Renters Affected by COVID-19
Troutman Sanders
SEPTEMBER 14, 2020
with a legal right to pursue eviction or possessory action, shall not evict any covered person from any residential property in any jurisdiction to which this Order applies[.]”
CFPB Acting Director Uejio And FTC Acting Chairwoman Slaughter Issue Joint Statement On Preventing Illegal Evictions
Collection Industry News
APRIL 2, 2021
Evicting tenants in violation of the CDC, state, or local moratoria, or evicting or threatening to evict them without apprising them of their legal rights under such moratoria, may violate prohibitions against deceptive and unfair practices, including under the Fair Debt Collection Practices Act and the Federal Trade Commission Act. Keeping Consumers Informed of their Rights. Legal NewsSource: site.
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