By: Jeffrey Lapin Michael Collier, a disabled Army veteran, and his wife, Kim, recently sued Gurstel Chargo, P.A., a Minnesota-based law firm and debt collector, in Arizona for violations of the Fair Debt Collections Practices Act (FDCPA) as well as for other claims based on the law firm’s attempt to collect a debt. The Colliers
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.
By: Jeffrey Lapin Dealing with the death of a relative is hard enough. Family members do not need the additional stress of having to deal with having the identity of their deceased relative stolen. Remember, family members are not responsible for the debts of their deceased relatives, unless they had specifically agreed to be. In
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
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
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.
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
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
By: Jeffrey Lapin In a victory for consumers the co-sponsors of H.R. 3035 (The Mobile Information Caller Act of 2011) withdrew the bill from further consideration. The bill would have made significant changes to the Telephone Consumer Protection Act (TCPA), the most significant of which would have permitted businesses, including debt collectors, to use automatic
New opposition has arisen against H.R. 3035, the Mobile Informational Call Act of 2011. Attorney Generals in 48 states signed a letter urging Congress to reject the bill. The proposed Act, among other things, would amend the Telephone Consumer Protection Act (TCPA) by changing the definition of “prior express consent” and permit debt collectors to