Blog Posts in June, 2011
Posted on Jun 30, 2011 By Jesse Langel
We came across this great ABC News video about debt collector tactics on YouTube. The video, in which ABC has assembled a collection of tapes of abusive and harassing telephone calls from consumers ...
Continue reading "Complaints about debt collectors are up" »
Posted on Jun 29, 2011 By Jesse Langel
The New York City Department of Consumer Affairs has implemented a new program it is calling “Protect Your Money.” You may have seen it advertised on the front and back pages of ...
Continue reading "NYC.gov launches "Protect Your Money"" »
Posted on Jun 28, 2011 By Jesse Langel
Today we report on yet another case of robosigning, this time involving Bank of America. In a new decision from Nassau County (NY) Supreme Court, reported in today’s New York Law Journal, the ...
Continue reading "Robosigning Nixes Bank of America's Summary Judgment Claim" »
Posted on Jun 27, 2011 By Jesse Langel
Interesting news from JP Morgan Chase on Friday (6/24/2011). The bank has dropped over a thousand debt collection lawsuits pending in five different states. According to an article in The Wall Street ...
Continue reading "JP Morgan Chase drops more than 1,000 collections cases" »
Posted on Jun 24, 2011 By Jesse Langel
We recently wrote in this space about a controversial proposed class action settlement in a federal case pending in Ohio against debt buyer Encore Capital Group and its collections unit Midland ...
Continue reading "FTC Files Amicus Brief Objecting to Midland Settlement" »
Posted on Jun 23, 2011 By Jesse Langel
We’ve heard a lot about “robo-signing” – the practice of debt collectors robotically signing off on hundreds, sometimes thousands, of boilerplate affidavits without verifying ...
Continue reading "Court Rejects Chase's "Robo-Testimony"" »
Posted on Jun 22, 2011 By Jesse Langel
U.S District Judge David Katz of the Northern District of Ohio is scheduled to review a hotly contested settlement plan in a case involving Midland Funding, a collection unit of debt buyer Encore ...
Continue reading "Attorneys General of 38 States object to Encore Settlement" »
Posted on Jun 20, 2011 By Jesse Langel
Why do debt buyers face serious challenges when their ownership of the debt is disputed? It’s all about the assignment. In the law, an assignment is the transfer of legal rights by contract. In ...
Continue reading "Weak assignment documents continue to plague debt buyer lawsuits" »
Posted on Jun 19, 2011 By Jesse Langel
You need to protect yourself and your assets from a money judgment. You need to raise certain legal defenses before you waive them. You need to increase your bargaining position. You need the option ...
Continue reading "Top 15 reasons to consult a lawyer if you've been sued for debt" »
Posted on Jun 17, 2011 By Jesse Langel
Lori Swanson, activist Minnesota State Attorney General and staunch supporter of consumer rights, has contributed an article to Minnesota newspaper The Journal. Titled "Debt buying industry has ...
Continue reading "Midland Funding, LLC criticised by Minnesota Attorney General" »
Posted on Jun 16, 2011 By Jesse Langel
A report published in May seems to indicate that there are not as many errors on credit reports as previous studies have shown. The credit reporting industry has been trumpeting the results – ...
Continue reading "New report finds "only" 6 million errors on credit reports" »
Posted on Jun 16, 2011 By Jesse Langel
In July, the Consumer Financial Protection Bureau (“CFPB”), the new agency created by the Obama administration, will take over regulation and supervision of debt collectors. Formerly, the ...
Continue reading "Debt Collectors Want Changes to FDCPA" »
Posted on Jun 15, 2011 By Jesse Langel
In this new decision from the EDNY, the plaintiff, a consumer named William Rozier, filed suit on behalf of himself and others similarly situated against debt collector Financial Recovery Systems ...
Continue reading ""May or may not" language in collection letter violates FDCPA, court ssays" »
Posted on Jun 14, 2011 By Jesse Langel
The debt collection industry thinks it has an image problem. Almost anyone who has had dealings with a debt collector (and chances are, if you are on this page you have), knows that the problems of ...
Continue reading "Debt Collectors Have Feelings Too. No, Really." »
Posted on Jun 8, 2011 By Jesse Langel, Esq.
The lesson here is RAISE YOUR DEFENSES in your credit card lawsuit even if you think you may have owed a debt. Banks and corporate lenders have legal obligations to 1) sue you using the right ...
Continue reading "AMEX and Zwicker & Associates discontinue case amid aggressive opposition" »