The Fair Credit Reporting Act “FCRA” and the Bankruptcy Code The Automatic Stay v. the Bankruptcy Discharge The Fair Credit Reporting Act “FCRA” and the Bankruptcy Code deal with debt differently and this difference can become confusing for everyone, including experienced bankruptcy attorneys. For instance, the legal status of a debt changes as a bankruptcy moves […]
Anyone who has had or is having financial trouble has experienced the nightmare of the collection companies. Many ignore the law (Fair Debt Collection Practices Act) by calling before 8:00 am or after 9:00 pm, plus numerous other acts done for the sole purpose of bullying the consumer.
California Attorney General files a lawsuit against Navient and subsidiaries, Pioneer and General Revenue Corp., alleging violation of California’s unfair competition and false advertising laws Misrepresenting the order in which the company would apply extra loan payments and failing to properly discharge federal student debt for borrowers with a total and permanent disability.
National Credit Adjusters, LLC and Bradley Hochstein admit to illegal consumer debt collection practices. Company and Its Former CEO Engaged In Illegal Debt Collection Practices (Reprint from CFPB announcement 7/13/18) The Bureau of Consumer Financial Protection (Bureau) announced a settlement with National Credit Adjusters, LLC (NCA), a privately-held company headquartered in Hutchinson, Kansas, and its […]
Student Loan Debt Rises to $1.5 TRILLION in May, 2018 There are two types of student loans – federal and private. Federal loans have some protections for the lenders that private student loans do not. Every month lawsuits are filed by the thousands, many that are invalid, but if the borrower does not respond the […]
Four Collection Companies Hired to Collect Old IRS Tax Debts The IRS indicates it will give taxpayers and their representative written notice that the accounts are being transferred to the private collection agencies. The agencies are to send a second, separate letter to the taxpayer and their representative confirming this transfer.
Medical debt – number one cause for seniors filing bankruptcy According to an article in Forbes, the 65+ demographic now makes up a higher percentage of bankruptcy filers than it did a decade ago. Filing for bankruptcy is seen by many seniors as a social stigma. Some live in a nightmare where they are forced […]
ONCE AGAIN CONSUMERS LOSE TO BIG BUSINESS Reuters reports that Richard Cordray, director of the Consumer Financial Protection Bureau, will step down at the end of the month. Large companies (banks, auto finances, pay day loans and student loans, to name a very few) are ecstatic because this opens the door for Trump to nominate […]
Sued for Fraud – Federal Debt Assistance Association, LLC and Financial Document Assistance Administration, Inc. “FDAA” The CFPB alleges that FDAA’s so-called “debt validation” programs violated the law by falsely promising to eliminate consumers’ debts and improve their credit scores in exchange for thousands of dollars in advance fees.
May 15, 2017: Resolving a split of circuits, the Supreme Court held 5/3 in Midland Funding LLC v. Johnson 6-348 (Sup. Ct. May 15, 2017) that a debt collector who files a stale claim that is “obviously” barred by the statute of limitations has not engaged in false, deceptive, misleading, unconscionable, or unfair conduct and […]
April, 2017 – according an article in the New York Times, Congress instructed the Internal Revenue Service is going to use private debt-collection companies to collect overdue payments from taxpayers, despite this idea being a complete failure in 1996 and again in 2006. This new provision was buried in a $305 billion highway funding bill […]