Practice Areas

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. […]

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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. […]

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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. […]

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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. […]

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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. […]

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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. […]

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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. […]

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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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CFPB Proposes Rule to Define “Larger Participants” It Will Monitor

By |February 21st, 2012|

By: Jeffrey Lapin

On February 16, 2012, the Consumer Financial Protection Bureau (CFPB) announced a proposed rule to identify the debt collectors and consumer reporting agencies will fall within its nonbank supervision program. Before it can began to monitor these entitieis, it has to define who is a “larger participant” within these areas. Currently, debt collectors and credit reporting agencies are not subject to direct federal supervision; the government only gets involved after a violation occurs. […]

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DOT Proposes Guidelines For Automakers To Reduce Driver Distraction

By |February 20th, 2012|

By: Jeffrey Lapin

On February 16, 2012, U.S. Department of Transportation (DOT) Secretary Ray LaHood announced the first-ever federally proposed guidelines to encourage automobile manufacturers to limit the distraction risks posed by in-vehicle electronics. The guidelines, which would be voluntary, would apply to most non-commercial vehicles. The goal is to limit the number of injuries and deaths caused by a driver distracted by in-vehicle electronics. […]

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