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Blog Posts in November, 2016

What To Do If You Think You Are The Victim Of Identity Theft

Discovering that you are the victim of identity theft can be an overwhelming experience. Victims may have incurred thousands of dollars in purchases that they did not make, may have had accounts ...
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Wells Fargo Settles Claims After Calling Mortgage Borrowers Without Consent

Wells Fargo has agreed to settle a class action lawsuit alleging that the mortgage lenders contacted borrowers without authorization in violation of the Telephone Consumer Protection Act (TCPA). A ...
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What Is The Automatic Stay In Bankruptcy?

From the second the court clerk stamps your bankruptcy petition as “filed,” you are protected from debt collection efforts by the automatic stay. The automatic stay is a powerful weapon ...
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Florida Attorney General Files Lawsuit To Stop Foreclosure Defense Scam

Florida Attorney General Pam Bondi recently announced that her office would be taking on fake foreclosure defense and loan modification firms operating throughout the state. The Attorney General filed ...
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White House Issues New Report On Student Loan Debt

The White House Council of Economic Advisors recently released a new report on student loan debt and how it affects the American economy. Many people were disappointed by the report, which stated that ...
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Do You Need an Attorney for A Case in Small Claims Court?

Many people have had the frustrating experience of losing money on a product that doesn’t work, a repair that didn’t fix the problem, or on services that were never performed. Most of the ...
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Can A Bankruptcy Case Eliminate a Tax Debt?

A bankruptcy case will discharge most—but not all—of a person’s debts. There are some debts, known as non-dischargeable debts, which a person will still owe even after the bankruptcy ...
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Foreclosures Fall, But Florida Still Has Highest Foreclosure Rate in The Country

According to a new report in the Sun Sentinel, mortgage foreclosures in Florida continue to fall and remain well below pre-recession levels. In July, Palm Beach, Broward, and Miami-Dade counties ...
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What Is A Lis Pendens?

If you have ever purchased a piece of real estate or been involved a mortgage foreclosure or short sale, you may have run across the term “lis pendens.” This phrase, which is Latin for ...
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11th Circuit Requires Debt Collectors To Make A “Reasonable Investigation” Into Account Documents

How far does a debt collector have to go to verify that an account belongs to the correct person? According to the U.S. Court of Appeals for the 11 th Circuit, a debt buyer or debt collector may need ...
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What To Do If You Think You Are The Victim Of Identity Theft

Discovering that you are the victim of identity theft can be an overwhelming experience. Victims may have incurred thousands of dollars in purchases that they did not make, may have had accounts ...
Continue reading "What To Do If You Think You Are The Victim Of Identity Theft" »

Wells Fargo Settles Claims After Calling Mortgage Borrowers Without Consent

Wells Fargo has agreed to settle a class action lawsuit alleging that the mortgage lenders contacted borrowers without authorization in violation of the Telephone Consumer Protection Act (TCPA). A ...
Continue reading "Wells Fargo Settles Claims After Calling Mortgage Borrowers Without Consent" »

Common Defenses to Credit Card Lawsuits

After months of ignoring those debt collection calls from relentless agents and a number of demand letters, it finally happened: you have been sued by a creditor or debt buyer for an alleged debt. ...
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How Does The Do Not Call Registry Work?

The National Do Not Call Registry was created in 2003 and has been wildly popular ever since. While most people are aware that the Do Not Call Registry (DNCR) exists, they aren’t quite sure what ...
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Federal Government Finalizes Rules That Exempt the Federal Government from the TCPA

The Federal Communications Commission (FCC) recently finalized rules that would allow agents of the federal government to skirt consumer debt collections laws when collecting debts owed to the ...
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How to Recognize a Debt Collection Scam

As consumers work to get better informed about debt collection scams, it seems like criminals get even smarter and more aggressive. It’s easy to get confused by debt collectors who seem ...
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11th Circuit Finds FDCPA, FCCPA Only Apply to Mutual Consumer Debts

This month, the federal Court of Appeals for the 11 th Circuit examined a case of alleged violations of the Fair Debt Collections Practices Act (FDCPA) and the Florida Consumer Collections Practices ...
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Can You Actually Go to Jail for A Bad Debt?

If you think back to the days of middle school American History classes, you may remember learning about indentured servitude. When Europe was colonizing America, many of the early colonists came ...
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Who Is a Debt Collector Allowed to Contact?

The idea of a debt collector contacting your friends and family members about a debt is mortifying. Unfortunately, thousands of people get calls from debt collectors every day which are made with the ...
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What Type of Credit Information Can Your Employer Access?

Employers access all types of information about job applicants. An employer may conduct a criminal background check, a references check, a review of your social media accounts, and possibly a credit ...
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Do Autodialers Or Robocalls Cause Concrete Harm?

Many in the legal industry thought that the United States Supreme Court case of Spokeo Inc., v. Robins would mark the end of many types of consumer litigation. In that case, the justices held that ...
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Court Finds Twitter Violated TCPA in Federal Lawsuit

Twitter, the social media giant that allows users to send 140-character messages or “tweets,” has been losing ground in a class action lawsuit by plaintiffs who say the company violated ...
Continue reading "Court Finds Twitter Violated TCPA in Federal Lawsuit" »
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