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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

Join Us On Linkedin

Posted on October 24, 2008
Linkedin is a service that Stan Herring and I have started to use to connect to people all over the country. We have just started using it so we are definitely just "playing" with it right now but we invite you to check out our profiles and "link in" with us...

When I Dispute A Debt, What Does The Debt Collector Have To Do With My Credit Report?

Posted on October 22, 2008
Collection agencies and debt buyers (both of these are "debt collectors") love to put debts on credit reports of Alabama consumers because this is so effective at getting the attention of consumers. This is legal and fair as long as it is accurate and true...

Capital One Caught Stealing From Consumers After Debts Were Discharged

Posted on October 20, 2008
Unfortunately sometimes consumers must file Chapter Seven Bankruptcy ("straight bankruptcy") and this results in debts, including debts owed to Capital One, being discharged. Years later the consumer may need to file a Chapter Thirteen Bankruptcy to save a house or because of medical bills and Capital One will file a fraudulent "proof of claim" in the new bankruptcy case to get paid on the discharged debt...

FAQ On Fair Debt Collection Practices Act - Collector Harassment

Posted on October 18, 2008
In these troubled economic times there will be more and more harassment by debt collectors and debt buyers as Alabama consumers will continue to be squeezed tighter and tighter financially by what is going on in our country. Because there is not as much money to give to collectors, many collection agencies and debt buyers will step way over the line and find themselves in the middle of harassing Alabama consumers in order to obtain money...

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FAQs On The Fair Credit Reporting Act

Posted on October 16, 2008
We frequently post about Fair Credit Reporting Act issues and over the years of representing consumers we have realized that there are a lot of questions that are frequently asked. While nothing can replace a face-to-face meeting with an experienced attorney, on our website we have prepared a page which has a lot of frequently asked questions and some short simple answers...

Alabama Consumer Threatened By Collection Agency With Suit Over A Cell Phone Bill More Than Two Years Old

Posted on October 14, 2008
We have previously blogged about the two-year federal statue limitations which applies to cell phone bills. It seems as if debt collectors and debt buyers have purposely ignored this federal law as they routinely sue and threaten to sue Alabama consumers when it has been well beyond two years...

An Example Of A Recent Debt Buyer Lawsuit Against Our Alabama Consumer

Posted on October 12, 2008
We have discussed many times the problem with the explosion of debt buyer lawsuits against Alabama consumers, particularly when the debt buyers will not or are not able to present any proof or any evidence to the court that the hundreds and hundreds of Alabama consumers that they sue each month actually owe one penny to the debt buyer...

Request For Suggestions On Audio And Video Posts

Posted on October 10, 2008
While in the past we have put up some audio and video posts, we are making a concerted effort to add more audio and video to our blog. Please let us know by contacting us if you have any suggestions or requests for various audio or video blog posts. We will do our best to accommodate any special requests that you might have...

Follow Us On Twitter

Posted on October 10, 2008
We have just started using Twitter and we are still figuring out what it all means... :) I heard someone describe it as "stalking" but let's put a positive spin on it - its a way to put up blog posts, short updates on what is happening, and to ask quick questions...

Received Your Bankruptcy Discharge But Still Being Harassed About Discharged Debts? Must You Re-Open The Case?

Posted on October 08, 2008
Many Alabama consumers have made the hard decision of filing bankruptcy and then after going through it expect to be given the "fresh start" promised by federal law only to find that debt buyers and collection agencies are waiting for them "on the other side" of the discharge order...

Not All Managers Are Exempt From Overtime Pay

Posted on October 06, 2008
Over the years we have handled Fair Labor Standards Act (FLSA) cases where employees have not been properly paid overtime. It is often assumed that managers are "exempt" from overtime laws - the FLSA - and therefore can be worked into the ground with the employer only paying the salary...

OJ Simpson Verdict - 13 Years Later Justice Is Served....

Posted on October 04, 2008
In a bizarre story (as if it wasn't strange enough), listen to this: In a city where luck means everything, O.J. Simpson came out the big loser ? and his unlucky number in a case full of bizarre twists was 13. He was convicted of an armed robbery that happened on Sept...

Productivity Posts For Lawyers And Others

Posted on October 04, 2008
We will start posting some ideas and experiences we have with productivity tools, software, and websites. We have learned better ways of doing things over the last several years of having our own firms and we want to share those with you. We need to always be ahead of our competition as the lawyers representing debt buyers, credit reporting agencies, and collection agencies are usually large firms with a lot of staff so technology and productivity tools allow us to concentrate on lawyering and not getting bogged down in the logistics...

Errors On Credit Card Statements - What Alabama Consumers Should Do With The Fair Credit Billing Act

Posted on October 03, 2008
We just were this week contacted by an Alabama consumer who is dealing with false charges on her credit card bills. Unfortunately, this problem affects consumers across the country including those of us in Alabama. Our friend Jay Fleischman has an excellent post on this issue which we recommend you read...

Pulling Credit Reports - Make Sure And Include Innovis

Posted on October 02, 2008
We tell all clients to pull their credit reports from Equifax, Experian, and Trans Union. Now we also advise everyone to pull their report from the fourth major consumer reporting agency - Innovis. This agency seems to be growing in terms of the number of credit card companies and collection agencies and debt buyers that use it...

We Are Back To Blogging!

Posted on October 02, 2008
Due to some trials and travel schedules we have not been blogging recently but we are now back up and running. We appreciate your patience while we have been snowed under with work and travel. We will have a good number of new posts about new lawsuits that we have filed as well as other consumer issues that have come up recently in these turbulent times...

Alabama Consumer Sues Harvest Credit Management For A Bogus Collection Suit

Posted on September 08, 2008
We recently filed suit on behalf of a Jefferson County resident who was sued by the debt buyer firm of Harvest Credit Management on a debt he did not owe. We successfully defended the consumer and then filed a federal lawsuit against the debt buyer Harvest Credit Management...

Experian's "Free" (Or Not Free) Credit Reports

Posted on August 30, 2008
The California Credit Law Blog refers to the not so free credit reports that Experian is pushing: The NY Times reports that Experian is spending $70 million per years advertising its FreeCreditReport.com site where many consumers log on deceived into believing they will get a "free" credit report...

Texas Attorney General Fires Down On Texas Debt Collector Anderson Crenshaw

Posted on August 28, 2008
We have sued the Texas debt collector Anderson Crenshaw in the past for violating the Fair Debt Collection Practices Act and re-aging accounts on credit reports. On August 6, 2008, the Texas Attorney General sued this collection agency for violating laws in collecting debts...

Debt Buyers Suing On Purchased Debt

Posted on August 26, 2008
Here is an interesting post from a collection attorney in Michigan concerning a debt buyer trying to prove its case against a consumer. While we differ with the author (Gary Nitzkin) on several issues - we do believe that the debt buyer must bring a witness from the original creditor, for example - still the substance of the article fits with our view of the law...

Burden Of Proof When Debt Collectors Sue

Posted on August 24, 2008
Jay Fleischman has another short but powerful post on consumer litigation issues in his New York Consumer Litigation Blog. This post focuses on the fact that debt collectors (or debt buyers in this case) must actually prove that you owe them the money they claim...

Statute Of Limitations On Credit Card Debt - Which State Law Applies?

Posted on August 22, 2008
Our friend Jay Fleischman of the New York Consumer Litigation Blog points out something that is rarely discussed in collection suits over credit card debt - which state statute of limitation law applies when a credit card company (or debt buyer) sues you? Here is the heart of the matter according to a recent court decision out of Florida: In the recent case of Capital One Bank USA, NA v Gregorich, one court in Florida has hit the nail on the head by saying that the statute of limitations is governed by the Cardmember Agreement between the consumer and the credit card company...

Early Retirement Investment Scams - A Warning

Posted on August 20, 2008
Please read here for a sober warning about scams involving early retirement - even for employees of large well known companies. As always, educate yourself and protect yourself. By the way, the Investor Fraud Lawyer Blog is an excellent resource for these types of issues.

Podcast - Elements Necessary For Fair Debt Collection Practices Act To Apply

Posted on August 18, 2008
John G. Watts of Watts Law Group P.C. discusses debt collection, and the four elements necessary to have the Fair Debt Collection Practices Act apply. MP3 File

Consumers Can Make A Difference In Washington DC

Posted on August 16, 2008
Consumers can make a difference by being educated and taking action on their consumer rights. Abusive debt collectors can be sued. Credit reporting agencies can be sued. But the real long term difference will be made when we all (we are all consumers, right?) take action within the framework of the government...

Should You Settle Or Go To Trial?

Posted on August 14, 2008
On our Personal Injury blog - Birminghaminjuryblog.com, we recently discussed a study reported by the NY Times on whether most plaintiffs come out better or worse when going to trial versus settling. While each case is unique and there are many factors to consider, this is an interesting study.

Update On Medical Credit Reports

Posted on August 12, 2008
We previously discussed medical credit reports - here is an update with some additional information that may be of interest to you as this practice of rating consumers based upon either ability to pay or previous medical treatment will only grow. We'll keep you posted.

Fascinating Article On The Arbitration Debate

Posted on August 10, 2008
The CL&P always produces good work and this article is particularly interesting as it shows some seeming contradictions between past and current writings of one of arbitration's biggest supporters. Read the article yourself and keep your eyes open as it seems that the arbitration zealots have finally over-reached so much that Congress may be inclined to step in and take some much needed action for consumers...

Terrible Story Of Man Who Set Himself On Fire Over Collection Calls

Posted on August 08, 2008
The Consumerist recently ran a story on this gentleman who set himself on fire in a rent-a-center store because he said he had received too many late notices and collection calls. Obviously there are serious issues involved with this man but Congress recognized when it passed the Fair Debt Collection Practices Act that abusive collection tactics can break up marriages and have a terrible effect on consumers...

Warning About Debt Reduction Or Debt Settlement Companies

Posted on August 08, 2008
Our friend Denise Richardson has an interesting post about how Credit Solutions, supposedly the largest debt settlement company in the nation, is being sued for allegedly misrepresenting what it can do for consumers. With so many consumers facing crushing debt, there is a huge marketing campaign ongoing for debt settlement companies...

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