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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

Agency that Collects Bad Check Fees Sued

Posted on March 12, 2009
CNN.com posted an article, written by Drew Griffin and David Fitzpatrick, highlighting a particular organization that works with prosecutors' offices to collect fees from bad checks. However, the article says that when the American Corrective Counseling Services contacts individuals who have written bad checks, they often claim to be part of the attorney general's office...

Billing By The Hour - A Dying Concept?

Posted on March 11, 2009
Recently a well known lawyer (Evan R. Chesler) wrote a piece in Forbes about why the billable hour method of billing clients should be killed. We agree. Here is an excerpt from this interesting article: The billable hour makes no sense, not even for lawyers...

FTC Report February 2009 On Collecting Consumer Debts - Part Three

Posted on March 11, 2009
On page two of the FTC Report, it begins to describe the "Debt Collection Process". First, often times creditors use "in house" or their own collection department to attempt to collect the debt. When this is unsuccessful, the creditor will charge off the account and send it to a third party collector...

Rogue Debt Collectors

Posted on March 11, 2009
The current economic state has pushed some debt collectors to ?go over the line.? CNN posted an article on the ?rogue? debt collectors and how to fight them, should you be on the receiving end. The Fair Debt Collection Practices Act mandates that debt collectors to treat their clients with a measure of respect, including such things as not calling before 8am and after 9pm and prohibiting profane or offensive language...

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FTC Report February 2009 On Collecting Consumer Debts - Part Two

Posted on March 10, 2009
This continues our series on reviewing and summarizing the FTC Report issued last month about changes needed to the Fair Debt Collection Practices Act (FDCPA). In our first post we addressed the purpose of the report and in this post we will look at the Executive Summary of the report that deals with the five conclusions and proposals of the FTC...

Debts Not Covered by Bankruptcy

Posted on March 10, 2009
The New York Bankruptcy Litigation Blog has posted an article about what debts remain unresolved should you file for bankruptcy. Exceptions include child support, alimony payments, "certain cooperative housing fees", "debts brought about by intentional injury or property damage caused by the debtor" (this also includes personal injury debts caused by driving under the influence of drugs or alcohol), and any debt owed to a form of a government agency ( such as tax claims and penalties or fines)...

Interesting Advice From Debt Collection Lawyer Blog About Debt Buyers

Posted on March 09, 2009
At the Debt Collection Lawyer Blog this advice is given to consumers who are dealing with the collection activities of a purchased debt (junk debt): One of the most effective tacks to take as a debtor is to say, "yes, I may have had a debt with XYZ, but I don't know who in the world you are...

Title Agencies Sued

Posted on March 09, 2009
Four title companies, all owned by Stephen Colson, are being sued. The companies, which include Prestige Title of Alabama, are being sued and this inhibits homeowners from refinancing their homes, and in some cases, leaves people wondering if they actually own their homes...

FTC Report February 2009 On Collecting Consumer Debts - Part One

Posted on March 08, 2009
Debt collection is a changing industry that is influenced by technological changes and changes in the method of debt being transferred - more and more it is by debt being sold to debt buyers. In October 2007 the FTC held a workshop to discuss these changes and how the law, particularly the Fair Debt Collection Practices Act (FDCPA), should be amended to keep up with the numerous changes since it was enacted in 1977...

Foreclosure in Alabama

Posted on March 08, 2009
The Birmingham Bankruptcy Blog posted a video about the foreclosure procedure in Alabama. In Alabama, the mortgage company doesn?t necessarily have to file a foreclosure suit to begin the process of foreclosing on your house. All the lender has to do is publish a notice of foreclosure in a local newspaper (commonly the Alabama Messenger in the Birmingham area) for three consecutive weeks...

Data Breach At University Of Alabama May Affect 37,000 People

Posted on March 07, 2009
Denise Richardson has reported on the data breach at the University of Alabama: University of Alabama campus officials sent letters out to 37,000 people whose personal information may have been stolen by computer hackers. The school revealed Friday that in November, seventeen of their four-hundred databases were tapped by hackers...

Video Deposition Of IC Systems Regarding Complaints And Policies

Posted on March 06, 2009
Our friends at Dean Malone's lawfirm in Texas took this deposition of an employee at the well known IC Systems regarding the number complaints that IC Systems receives per year and what changes in policies occur. We hope you'll find this interesting, particularly if you are dealing with IC Systems as many Alabama consumers are...

Washington Attorney General Sues Insulting Debt Collector

Posted on March 05, 2009

Family Fun in the Snow

Posted on March 03, 2009

The Growing Problem Of Balance Billing With Doctors

Posted on March 03, 2009

Free Report - 5 Secrets Debt Buyers Don't Want You To Know About When They Sue You

Posted on March 01, 2009

Alabama Consumer Sues Midland And Equifax For False Credit Reporting

Posted on March 01, 2009

Alabama Consumer Sues Beneficial, Homecomings, America's First Federal Credit Union, Credit Bureau Services, and Experian For False Credit Reporting After Bankruptcy

Posted on February 27, 2009

Alabama Consumer Sues Debt Buyer Midland, Equifax, Experian, and Trans Union For False Credit Reporting

Posted on February 25, 2009
Our office

Alabama Consumer Case Filed Against Bay Finance Company, Redstone Federal Credit Union, Equifax, Experian, and Trans Union

Posted on February 24, 2009
Our friend Anthony Bush with Anderson Nelms & Associates

10 Things Congress Needs To Recognize Regarding Consumer Protection

Posted on February 22, 2009
Americans For Fairness In Lending has a nice list of ten items that the government needs to consider and act upon to help restore some order to the markets and to be fair to consumers. We won't repeat them here except to say we are particularly concerned about the horrendous practice of mandatory binding arbitration - particularly when it occurs through an amendment contained in a "bill stuffer"...

Good Thoughts On Offers Of Judgment In FDCPA Cases

Posted on February 21, 2009
Nicolas Ortiz has an excellent post on offers of judgment in FDCPA cases. We previously blogged about this and will continue to do so as this strategy is being used more and more by debt collectors who get sued. As Nicolas Ortiz puts it, the basic gist of an offer of judgment is: If a plaintiff rejects an offer of judgment and recovers less that the offer amount at trial, he must pay the defendant?s costs...

Alabama Consumer Sues Debt Buyer Midland And Providian Bank For False Collection Activities

Posted on February 20, 2009
A lawsuit was filed this month in the Middle District of Alabama against the well known debt buyer from California Midland Credit Management and Providian Bank. In the suit, our friend Anthony Bush represents Frederick Myers who claims he was contacted by both Providian and Midland on a debt that is not his...

Consumer Attorney on WJOX

Posted on February 19, 2009
Our good friend Mike Lindsey has been appearing live on the local sports radio station with Jay Barker, Al Del Greco and Tony Curry in the mornings on WJOX program, The Opening Drive, informing Alabama consumers of their rights against debt collectors and credit reporting agencies...

Good Posts On Bankruptcy From Matt Dunaway

Posted on February 19, 2009
Our friend Matthew Dunaway has several good recent posts on bankruptcies on his Birmingham Bankruptcy Blog. *Chapter Seven Bankruptcies - 10 Things You Need To Know *Bankruptcy Basics - 10 Things You Need To Know *Finally, Bankruptcy Right For You? - 7 Things To Consider Stay current on Matt's blog as it will be providing, we are sure, more and more useful information to you...

Alabama FDCPA Lawsuit - Part One - Overview

Posted on February 17, 2009
We are often asked by victims of abusive debt collectors what is the general overview or road map to what happens when they file a federal lawsuit under the Fair Debt Collection Practices Act (FDCPA) against the abusive debt collector. We have recently started a similar series concerning Alabama injury lawsuits over on our Birmingham Injury Blog and thought it would be a good idea to do something similar with an Alabama FDCPA case...

The New Anti-Wage Discrimination Law

Posted on February 15, 2009
This video describes (with an admitted slant) the compelling story of Lilly Ledbetter who was defeated at the U.S. Supreme Court in her attempt to gain justice for Goodyear breaking the law by paying her less than comparable male employees. This led to Congress passing a law prohibiting courts from throwing out similar cases based when the discrimination was discovered...

Why Is The Credit Reporting System Broken?

Posted on February 13, 2009
A recent Smart Money article by Anne Kadet lays out in a very clear manner what is wrong with the credit reporting industry (Experian, Equifax, and Trans Union). Rather than summarize this article, read it. Then read it again - its that good and important...

Free Seminar Thursday February 19, 2009 On Debt Buyer Lawsuits

Posted on February 13, 2009
There has been a huge increase in debt buyer lawsuits against Alabama consumers, particularly in Shelby, Jefferson, and the surrounding counties. There are only so many people we can meet with one at a time so next Thursday, February 19, 2009, at 4 PM, we are offering a free seminar/workshop for individuals who have been sued by a debt buyer and who are not out of time to answer the lawsuit...

Anatomy Of An Alabama Collection Lawsuit - Part Five - After You Answer

Posted on February 11, 2009
We have previously blogged about the background of a collection lawsuit in Alabama, the filing of the collection suit, service of the complaint upon you, and the answer that must be filed. Today we will discuss what happens after you file your answer...

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