Blog

Computer System Used To Underpay Injury Claims

By |June 5th, 2012|

By: Jeffrey Lapin

A new report issued by the Consumer Federation of America (“CFA”), Low Ball: An Insider’s Look at How Some Insurers Can Manipulate Computerized Systems to Broadly Underpay Injury Claims, details how major car insurance companies are using computers systems, primarily Colossus, to underpay injury claims. One of the authors of the Report, Mark Romano, the CFA’s Director of Insurance Claims Projects, was formerly Allstate’s “Colossus Subject Matter Expert,” the top expert for Allstate’s computerized claims system. Allstate, and other insurers using these types of systems to evaluate claims, use a variety of tactics to lower the amount of money offered to injured persons. This post will discuss Colossus, how it is manipulated to underpay injured people and what regulators can do to ensure fair settlement offers. […]

Debts Owed By Deceased Relatives: Do Not Pay

By |May 31st, 2012|

By: Jeffrey Lapin

Collecting on debts of the deceased has become a very profitable area in the debt collections industry. Using tactics and practices created specifically to convince anguished family members to pay, some of these debt collectors will stop at nothing to get money even breaking the law. In almost all circumstances you are not personally liable for the debts of a deceased relative despite what you might be told by a debt collector. This post will not cover which debts may be owed by the deceased’s estate, which would be paid through the probate process. Rather, I will discuss your individual liability for the debts of a deceased spouse, parent, child or other relative and what you should do if contacted by a debt collector trying to collect a debt owed by them. […]

Arbitration Clauses Favor Companies Over Consumers

By |April 27th, 2012|

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. […]

Consumers: 11 Ways To Protect Yourself From Scams

By |April 9th, 2012|

By: Jeffrey Lapin

Consumers beware: scammers are lurking everywhere trying to separate you from your money or to steal your identity. With some simple precautions you can prevent yourself from being their next victim. Below are 11 ways you can protect yourself. […]

Consumers: Beware Of Scams

By |April 5th, 2012|

By: Jeffrey Lapin

Consumers beware: scammers are working overtime to separate you from your money and identity. Their techniques are becoming more sophisticated as many consumers have become more wary. Not only are scammers targeting your money they are also trying to steal your identity, which can be more profitable than just getting a single payment from you. These scams are taking place by telephone, online, email, text and regular mail. […]

Did You Know There is No General Duty to Help Others?

By |April 3rd, 2012|

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). […]

Protect Yourself Against Phantom Debt Collectors

By |March 19th, 2012|

By: Jeffrey Lapin

Lapin Law Offices urges consumers to protect themselves against phantom debt collectors. A phantom debt collector is a “debt collector” who attempts to collect on a debt that never existed or that you do not legally owe. They may also be known as “fake debt collectors” or “false debt collectors.. As we recently posted, the FTC filed a lawsuit against phantom debt collectors who allegedly collected over $5 million dollars from U.S. consumers. In that case, the alleged phantom debt collectors obtained information about people when they applied for online payday loans. The people who paid these phantom debt collectors did do based on threats of lawsuits, going to jail or the loss of their job. […]

FTC Targets Phantom Debt Collectors

By |March 15th, 2012|

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

By |March 6th, 2012|

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 |February 27th, 2012|

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. […]

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