Items in the news
The CFPB’s First Fourteen Months
By: Jeffrey B. Lapin
The Consumer Financial Protection Bureau (CFPB), has now been in existence for fourteen (14) months. It was created as part of the 2010 Dodd–Frank Wall Street Reform and Consumer Protection Act. So far, the CFPB has been praised by consumer advocates and criticized by businesses. […]
Get To Football Games Safely
By: Jeffrey B. Lapin
As we are about to start another Nebraska Husker football season Lapin Law Offices reminds everyone to be safe and cautious. Here are some tips to make sure you stay safe getting to and from Husker football games: […]
2011 Consumer Complaint Survey Report Released
By: Jeffrey Lapin
The Consumer Federation of America (CFA), with assistance from the North American Consumer Protection Investigators (NACPI), has issued its 2011 Consumer Complaint Survey Report, which, among other things, lists the top 10, actually 12, consumer complaints from 2011. In addition, the Report identifies the fastest growing complaints, worst complaints, and newer types of consumer problems. Finally, it offers suggestions for new consumer protection laws and tips for consumers for dealing with many of these consumer problems. […]
Happy 4th of July
By: Jeffrey Lapin
As we celebrate our nation’s independence Lapin Law Offices wishes everyone a happy and safe 4th of July. […]
CFPB Launches Consumer Complaint Database
By: Jeffrey Lapin
The Consumer Financial Protection Bureau (CFPB) launched a Consumer Complaint Database that will provide basic information about complaints made against credit card companies. This is the first time this type of data is available to the public without the filing of a Freedom of Information request. The Database is located on the CFPB’s website, Consumer Complaint Database, which is available to view now.
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Arbitration Clauses Favor Companies Over Consumers
Approximately one year ago, the United States Supreme Court in AT&T Mobility LLC v. Concepcion, upheld forced arbitration clauses and prohibited consumers from pursuing many claims in class action lawsuits. A recent article finds that consumers are disadvantaged by forced arbitration clauses. Companies, not consumers, benefit when disputes are arbitrated rather than litigated and decided by a judge or jury. […]
Did You Know There is No General Duty to Help Others?
By: Jeffrey Lapin
Generally, no person has a duty to help another in need. Supreme Court Associate Justice Anthony Kennedy noted this during oral arguments on President Obama’s healthcare law on March 27, 2012 and added that while this may seem immoral or wrong, it is the law and has been for a long time. There are a few exceptions to this general rule, which are primarily related to a person’s job in relation to a victim. This post will discuss the duty of private citizens to help another in need. It will not wade into the question of the government’s duty especially those issues involving the President Obama’s Affordable Care Act (also known as Obamacare). […]
FTC Targets Phantom Debt Collectors
By: Jeffrey Lapin
According to the Federal Trade Commission (FTC) many consumers throughout the country have reported getting telephone calls from phantom debt collectors trying to collect on fake or false debts. The FTC has started targeting these phantom debt collectors and have filed suit against a group that has allegedly collected over $5 million dollars. […]
Proposed FDCPA Amendment Would Allow Messages By Collectors
Representative Barney Frank (D-Mass.) recently introduced H.R. 4101 (112th Congress, Second Session) entitled the “Fair Debt Collection Practices Clarification Act of 2012”, to the House Committee on Financial Services. The proposed Act would alter the Fair Debt Collection Practices Act (FDCPA) and permit debt collectors to leave voicemails and messages on answering machines, which is currently permitted only if the debt collectors provides certain information, which itself can cause a FDCPA violation. The proposed Act would require the Consumer Financial Protection Bureau (CFPB) to set forth regulations regarding these messages. In addition, H.R. 4101 would limit the ability of a debt collector’s use of arbitration to settle a dispute. […]
Bill Would Limit Liability in Escaped Cow- Vehicle Collisions
By: Jeffrey Lapin
Ogallala State Sen. Ken Schilz, in LB 1021, wants to require motorists who collide with livestock to have to prove specific acts of negligence on the part of the cow’s owner before they can recover for their injuries. This would be a significant change in Nebraska law. It also would make it virtually impossible for an injured motorist to win a case against a livestock owner. […]
