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Consumer Law

Alabama Consumer Blog

Covers news and events dealing with consumer law in Alabama.
By M. Stan Herring

Post Frequency: 2.8/day

Last Entry: March 29, 2011 at 19:05:21

Video On Debt Buyers, Harassment, Collection Lawsuits And How To Fight Back

Posted on August 07, 2008
Here is an interesting YouTube video on debt buyers, harassment, and ways to fight back. Enjoy this video and we hope it is helpful to you. If you live in Alabama and are facing any type of contact with debt collectors, please contact us and we will be glad to help you.

Alabama Consumer Sues LVNV, Capital Management, and Resurgent Capital For Violating The FDCPA After Consumer Wins Collection Suit

Posted on August 06, 2008
We recently filed a suit on behalf of an Alabama consumer against three related debt collectors - LVNV, Capital Management, and Resurgent Capital. We also sued Experian for violating the Fair Credit Reporting Act by keeping a false account on our client's credit report...

Interesting Financial Information On Debt Buyer Asset Acceptance

Posted on August 04, 2008
Asset Acceptance is a company that we have sued before for false credit reporting after losing a collection lawsuit against our client who did not owe the money. Creditcollectionsworld.com recently ran an interesting story on the financial condition of this large debt buyer which is summarized in this final paragraph from the story: Asset Acceptance had reported net income of $6...

Listing Of Major Collectors, Debt Buyers And Collection Law Firms

Posted on August 02, 2008
Click here to see a listing of the top debt buyers, collection agencies, and collection lawyers from 2007. Its always interesting to know if a company you are dealing with is a major company or a smaller company and we are always interested in this when we file suits against abusive debt collectors and debt buyers.

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Great Story On Punitive Damages

Posted on July 31, 2008
Ron Burdge has a great story that illustrates why punitive damages are necessary when car dealers commit fraud against consumers. Simply giving the stolen money, if you will, back doesn't change the bad conduct. Read the story in its entirety and we highly recommend Ron's site as it is full of useful information...

Mediation In Alabama - What Is It And What Does It Mean For Your Case?

Posted on July 29, 2008
Most of our consumer cases (Fair Credit Reporting Act and Fair Debt Collection Practices Act) are filed in Federal court (click here to see a listing of some of them) and part of being in Federal court is the practice of mediating cases. We recently wrote in our companion blog Birmingham Injury Blog a post about mediation that you may find helpful to you in understanding your options in a lawsuit...

Trial Tips For Alabama Consumers And Consumer Lawyers

Posted on July 27, 2008
While most consumer cases do not go to trial, you and your consumer lawyer need to be prepared to try your consumer case. At our companion blog - Birmingham Injury Blog - we have a section devoted to Trial Tips that we hope will be helpful to you. Feel free to let us know if you have any questions or comments about this - feel free to do so by clicking here.

Tips For Alabama Consumers Regarding Surprising Credit Card Fees

Posted on July 25, 2008
We were recently made aware of this interesting blog post at bankaholic.com regarding 5 little known fees on credit cards. Please read the entire post but here are the five: 1. Low APR Cards May Carry Annual Fees; 2. Fees for Extra Services; 3. You May Be Charged Nominal Amount Even if You Pay in Full 4...

Alabama Consumer Sues Allied Interstate And LVNV For Violating The FDCPA After Consumer Wins Collection Suit

Posted on July 23, 2008
Hundreds of Alabama consumers are sued in small claims courts and district courts in Jefferson, Shelby, Tuscaloosa, St. Clair and other counties by debt buyers. Our client was sued by LVNV and our client won his case - the judge ruled our client did not owe LVNV any money which is what our client has maintained all along...

Alabama Consumer Sues CACH, LLC For False Credit Reporting After Defeating CACH, LLC In Collection Suit

Posted on July 21, 2008
We recently sued CACH, LLC (a debt buyer), Equifax, Experian, and Trans Union for false credit reporting in violation of the Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), and state law. This false credit reporting was done after a judge ruled that our client did not owe CACH any money on the alleged debt that CACH sued our client on...

A Good Discussion Of Harassment Under The Fair Debt Collection Practices Act

Posted on July 19, 2008
Our friends at the Oregon Debt Law Blog have a very nice series on what constitutes harassment under the Fair Debt Collection Practices Act (FDCPA) that we recommend you read. Right now there are four parts - you can go to any of the parts as follows: 1...

Minnesota Sues AFNI For False Debt Collecting And Credit Reporting

Posted on July 18, 2008
We have repeatedly sued AFNI, a national collection agency, for violating the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. AFNI's response has always been to deny its wrongful conduct and to say any "mistakes" were isolated incidents...

Alabama Consumer Sues Verizon And Equifax For False Credit Reporting

Posted on July 17, 2008
We filed a case in Jefferson County, Alabama, against Verizon and Equifax for false credit reporting and the complaint is on our website. Our client paid a disputed charge and was told, in writing, by Verizon that the Verizon account or trade-line would be removed from all of his credit reports (this would include Equifax, Experian, and Trans Union)...

Radio Interview On Abusive Debt Collectors

Posted on July 17, 2008
We will be interviewed by Denise Richardson today at 1 pm EST/12 pm CST. The topics will include abusive debt collectors, being sued by debt buyers, false credit reporting by collectors, etc. It is our understanding you can ask questions by phone or email...

Alabama Consumer Sues Debt Buyer LHR, Equifax, And Trans Union For False Credit Reporting

Posted on July 15, 2008
An Alabama consumer has recently sued the debt buyer LHR after LHR sued the consumer. The consumer denied owing the debt buyer LHR any money and the judge agreed, ruling in favor of the consumer. This should have ended the matter but to make sure the consumer disputed with the credit reporting agencies that the account should not be on the credit reports since the consumer won the collection case...

Credit Card Companies May Damage Your FICO Score By Lowering Credit Limits

Posted on July 13, 2008
The USA Today recently ran a story on how banks are cutting credit card limits which has the effect of increasing the percentage of credit used as compared to the total available credit and this lowers the FICO score. Here is an example from the article: Let's say a cardholder has a credit limit of $10,000 and a balance on the card of $4,000...

Alabama Consumer Sues Tabula Rasa And Cavalry Portfolio For Violating The FDCPA

Posted on July 11, 2008
We have blogged about the dangers of debt collectors contacting third parties (neighbors, family, co-workers, etc) to collect debts and we recently filed suit against Tabula Rasa and the debt buyer Cavalry Portfolio for this type of misconduct. Despite what most debt collectors believe and how they act, debt collectors CANNOT contact third parties to collect debts...

Alabama Consumer Sues Citibank And Compass For False Credit Reporting After Bankrutpcy Discharge

Posted on July 09, 2008
An Alabama consumer recently filed suit against Citibank and Compass Bank related to their false reporting of accounts which had been discharged in bankruptcy last year. Citibank and Compass Bank received notice of a bankruptcy and instead of following the law and properly updating the accounts to show that the accounts were discharged in bankruptcy and had a zero balance, they continued to report a current balance of over $9000 for each of the accounts...

Alabama Consumer Sues Arrow Financial For Fraud And FDCPA Violations

Posted on July 08, 2008
An Alabama consumer has recently sued the debt buyer and debt collector Arrow Financial Services, LLC for violating the Fair Debt Collection Practices Act (FDCPA) and state law including fraud. This case illustrates the danger when Alabama consumers settle with debt buyers who have sued them - it can be a wise move but this does graphically show the pain that these debt buyers can inflict on you...

Facing Foreclosure? Something To Remember....

Posted on July 07, 2008
In a recent post on her blog, Denise Richardson references a critical question in foreclosures - does the supposed lender actually own your home? This reminds us of the debt buyer lawsuits against Alabama consumers - the debt buyers cannot or will not prove they own the debt...

Interesting Post On Allstate And Debt Collectors

Posted on July 06, 2008
This post by the California Debt Blog is fascinating - it involves Allstate, a collection agency, and an innocent consumer. The basic facts: I have a client who sold a car. (I am not naming her, but she has given me permission to write about this.) A couple of days after the sale of the car, the new owner was in a car accident...

Pete Barry Video On Harassing Debt Collection

Posted on July 05, 2008
We found this recent short video where our friend Pete Barry discusses an overview of harassing conduct by debt collectors. If you live in Alabama and are facing harassment by abusive collection agencies or debt collectors, please contact us as we sue abusive debt collectors and we will be happy to sit down with you for a free consultation and explain your options to you.

Two Videos Of Discussion By Pete Barry On Harassing Debt Collectors

Posted on July 04, 2008
As most of you know we think the world of Pete Barry who has focused his entire practice on suing abusive debt collectors. He was recently on Fox News Morning Show with some other guests and he emailed us these Youtube.com videos. Enjoy them and we are sure you will find useful information in these...

The Trans Union Credit Monitoring Settlement And How It Relates To Identity Theft

Posted on July 03, 2008
Denise Richardson has an excellent summary of the recent Trans Union settlement and what that means for consumers (particularly for preventing Identity Theft) in her post here. We recommend studying her post and then making your own decision as to what is best for you...

Another Court Strikes Down Class Action Ban In Arbitration Agreement

Posted on June 30, 2008
Our friends at the CL&P blog have posted a short nice article on a recent ruling from New Mexico striking down an unfriendly provision in an arbitration agreement banning class actions. This was from Dell which had misrepresented the amount of memory in computers but it was not worth any one's time to pursue it if a class action device could not be used...

Fourth Critical Step To Correcting Credit Reports - Sue The Credit Bureaus

Posted on June 29, 2008
We started this blog off with the suggestion that you pull your credit reports, review them, and dispute any errors with the consumer reporting agencies or credit bureaus (Equifax, Experian, and Trans Union). When that does not correct false items, it is time to go on to the fourth step which is to sue Equifax, Experian, Transunion, and any other responsible parties such as the creditor or furnisher of information...

Palisade Sued Again By Consumer Who Won Her Collection Lawsuit Filed By Palisades

Posted on June 28, 2008
We have filed numerous lawsuits against Palisades (a prominent debt buyer which sues hundreds of Alabama consumers a month). Palisades lost its collection lawsuit against our client but for some unexplainable reason refused to delete its account from her credit report...

Anatomy Of An Alabama Collection Lawsuit ? Part Four ? Answering The Lawsuit

Posted on June 26, 2008
In this post we will look at how our clients typically answer Alabama collection lawsuits filed by debt buyers. You have been accused of owing the debt buyer money. Our clients do not agree with this as typically the first time they have ever heard of the debt buyer is when they get sued - so they typically deny liability...

Credit Report Related To Employment Verification - "Work Number"

Posted on June 26, 2008
This is a fascinating post by Denise Richardson related to a different credit report that can impact you - the Work Number from TALX Corp. Here's how it works: The next time you apply for a loan or a new job, a lender or prospective employer might go online to access a database instead of calling your human resources department to verify your employment and income...

Bankruptcy Tips - What NOT To Do - Part Three

Posted on June 25, 2008
Here is the final post on the things NOT to do if filing bankruptcy..... We recommend you read these if you are considering bankruptcy as knowing these things may save you a lot of misery.

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