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Dude, Who Took My Car?

With over $1 trillion dollars of outstanding debt for car loans in the United States everyone is talking about the next big bubble, and no doubt it’s connected to subprime automobile loans. ...
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Debt Collector Definition Change

An interesting bill was recently proposed by representative Mia Love from Utah amending the Fair Debt Collection Practices Act (“FDCPA”) and making several pro-consumer changes. The bill ...
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Standing at Inception

I recently had the pleasure of defending one of our clients in a foreclosure action up in Palm Beach. Thankfully, we were able to have the case dismissed due to the Bank’s failure to prove that ...
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2nd Circuit Holds Contract Law Precludes Consumer from Revoking Consent under TCPA

The United States Court of Appeals for the Second Circuit determined that black letter contract law does not allow a party to revoke consent under the TCPA without the consent of the counterpart to ...
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Supreme Court Rules on Definition of Debt Collector

The Supreme Court recently handed down an important decision in the case of Henson v. Santander Consumer USA. The decision ultimately is not very consumer friendly but the ruling was not unexpected ...
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When to Seek Help From a Debt Defense Attorney

The vast majority of Americans are in debt. Some of these individuals will never seek any kind of legal assistance regarding their debt issues, however. They have a misconception that unless they are ...
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HAVE AN ISSUE WITH YOUR SERVICER? WE MAY BE ABLE TO HELP!

It is well established that consumer protection statutes are to be “construed liberally in order to best serve Congress’ intent” in affording consumers the maximum level of ...
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Debt Collectors and Telemarketers are Getting More Aggressive in Their Calling Techniques

We see situations where they will use an auto dialer but choose a local area code to trick someone into thinking it’s a local call and they are more likely to answer it. If you have any debt ...
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Speak Up: You Could be Stopping a Grave Injustice.

The False Claims Act, which is also commonly referred to as Qui Tam or the Lincoln Law is one of the oldest laws in the United States. The first whistleblower law was enacted into legislation in 1778, ...
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GOING ON THE OFFENSIVE IN A FORECLOSURE CASE

Facing a foreclosure in Florida can be very difficult challenge to someone that does not know the process and the law. The Bank will have to serve you a copy of the Complaint and Summons. Once served, ...
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Proof of Demand Letter

I’ve noticed a trend among people I speak with regarding foreclosure cases. They often ask how it’s possible to defend or win when the bank is foreclosing. The typical rational I hear is ...
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Who Is NOT A Debt Collector Under Florida Law

Fla. Stat. § 559.55, more commonly known as the Florida Consumer Collection Practices Act, defines a debt collector in Florida as any person who uses any instrumentality of commerce within the ...
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About Bankruptcy's Credit Counseling Post-Filing Requirements

Don’t let the stigma of bankruptcy keep you from solving your financial problems! The experienced South Florida defense attorneys at Loan Lawyers are here to help you if your financial position ...
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About Bankruptcy's Credit Counseling Pre-Filing Requirements

The bankruptcy counseling and debtor education requirements were supposedly enacted to ensure that consumers have exhausted all other options, and to reduce the likelihood of a second visit to ...
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Revocation of Consent for Unwanted Text Messages Must Be Reasonable

The United States Central District of California has recently shed some light as to what an individual should do to revoke consent when receiving unwanted text messages from marketers. In Epps v. ...
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How An Attorney Can Help If You've Been Wrongfully Turned Down For Credit

For individuals that apply for and are denied a loan or extension of credit by a creditor, the possibility exists that the decision by the creditor may have been wrongfully based on invalid or ...
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Your Options If A Judgment Is Entered Against You

The experienced South Florida defense attorneys at Loan Lawyers are here to review a difficult financial situation to assess all of your available options. Our South Florida consumer rights and debt ...
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How To Opt-Out Of "Pre-Approved" Credit Offers

Individuals that are tired of pre-approved credit offers from phone calls, text messages, and emails may eliminate such offers. Online or by phone, consumers may opt out of receiving these offers for ...
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Bankruptcy For Married Couples

Marriage doesn't create a personal obligation on behalf of both spouses to be liable for a debt. Liability for credit cards and home loans arises by agreement and is incurred by those who sign the ...
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Recovering Your Losses For Damage To Your Credit

Consumers who believe their credit has been damaged should probably obtain a full credit file disclosure, which is different than a credit report since it may contain additional information. Once this ...
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How The Equal Credit Opportunity Act Protects Consumers

Under the Equal Credit Opportunity Act (ECOA), lenders and other entities that extend credit are prohibited from basing its credit decisions on characteristics including, but not limited to, age, ...
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If You Have Been Wrongfully Turned Down For Credit, What's Next?

Consumers should always request an explanation of the underlying reasons for a creditor's decision. Consumers should ask a creditor to explain the items on the credit report that caused the ...
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Preventing Identity Theft, Part 3

Individuals must protect their personal information and credit. The harm caused by identity theft is long-lasting and costly. The attorneys at Loan Lawyers can help anyone repair their credit. Here is ...
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Preventing Identity Theft, Part 2

As identity theft grows in the country, it is important for consumers to protect their personal information and credit. The harm caused by identity theft is long-lasting. The attorneys at Loan Lawyers ...
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Preventing Identity Theft, Part 1

According to FBI data, identity theft is the fastest growing crime in the country. The harm caused by identity theft may endure for years. The attorneys at Loan Lawyers can help anyone damaged by ...
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