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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

FTC publishes its Annual Report on the Fair Debt Collection Practices Act

Posted on February 03, 2008
We recently came across the Federal Trade Commission's "Annual Report 2007: Fair Debt Collection Practices Act" report. This report mainly addresses 2006 and provides two basic things: First, it provides statistical data on the number and kinds of complaints it receives from consumers alleging abusive debt collection practices...

Suing Debt Collectors Instead Of Filing Bankruptcy

Posted on February 02, 2008
We often see Alabama consumers filing bankruptcy for the sole reason of getting abusive collection agencies or debt collectors to leave them alone. The harassment from law breaking debt collectors can become unbearable for many Alabama consumers who then feel their only choice is to file bankruptcy...

Countrywide Sanctioned For Wrongful Conduct In Bankruptcy

Posted on February 02, 2008
We are seeing more and more Alabama consumers who are being mistreated either during or after a bankruptcy. We have written about discharged creditors (who cannot collect money from the debtor - its been discharged) still trying to collect the money even though it is illegal to do so...

Why Discharged Accounts Still Show Up With Balances On Credit Reports

Posted on February 02, 2008
We have been seeing lots of problems with Alabama consumers who have discharged debts but the debts are still on their credit reports showing up with a balance owed. No balance is owed. There was a major article in Business Week that came out that helps explain why this happens...

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Debt Buyers Problems With Getting Documentation On Debts

Posted on January 28, 2008
An interesting web-page entitled "The Importance and Availability of Media in a Portfolio" gives us a brief inside look at the problem of debt buyers not being able to always get the proof they need to show ownership of an account that they allegedly have bought...

Wolpoff & Abramson Ordered to Pay Attorney Fees

Posted on January 27, 2008
In a recent decision of Thornton v. Wolpoff and Abramson, No. 07-12016, by the Eleventh Circuit Court of Appeals, the court rejected Wolpoff and Abramson's argument that the Ms. Thornton's attorney should not receive the Court ordered attorney fees as required by the Fair Debt Collection Practices Act ("FDCPA") to a successful plaintiff...

Debt Buyer/Collector's Thought Process On Settling Accounts

Posted on January 27, 2008
There is an interesting web page that discusses how debt buyers and collection agencies should approach collecting debts. The title is "Developing a Good Collection Formula" and it does provide an intriguing look into the thought process on collecting debts, including why collectors so often want post dated checks...

Are Spouses Responsible for the Other's Debt?

Posted on January 22, 2008
Before agreeing to pay a debt of a spouse that you do not think you owe, Alabama Consumers should be wary of claims from aggressive and harassing debt collectors. We recently ran across a blog post from the The Divorce Blog entitled, "Woman Pursued for Deceased Ex-Husband's Debt" that reminded us of some of the pitfalls and horror stories we've heard from clients about being pursued for a debt that is not even theirs...

Credit Scores To Be Used By Hospitals?

Posted on January 19, 2008
Most of us are familiar with credit scores and how they determine, to some extent, the type of loan we may qualify for but yesterday we read about a new type of credit scoring - it will measure your reliability to pay medical bills. This interesting (and somewhat disturbing) product is discussed in several places and we won't repeat what has already been said - instead we recommend you check out the following posts about this...

Stop Junk Mail For Free

Posted on January 19, 2008
Alabama (and anyone else in the U.S.) consumers can stop some of the junk mail we receive without having to pay a silly fee. Go to the Direct Marketing Association website page that helps to stop some of the junk mail. Thanks to the Consumerist for alerting us to this helpful procedure.

Interesting Post About Abusive Debt Collectors -- Written By A Collection Attorney

Posted on January 19, 2008
In this post Gary Nitzkin of the Michigan Collection Law Blog discusses a client he represents and the violations of the Fair Debt Collection Practices Act that his client has been subjected to by an abusive collector. Gary puts it very bluntly when he says, Moreover, I want you to know that collection agencies doing stupid, if not sleazy stuff, is almost common place...

Good Resource For Alabama Consumers - No Credit Needed Blog

Posted on January 19, 2008
We have found a blog which deals with consumer issues (not legal issues) and focuses on surviving and thriving without credit. To give you a taste of this fine blog, please read this post which reviews some of the best posts of 2007 from the blog No Credit Needed...

Excellent Resource For Alabama Supreme Court Decisions

Posted on January 19, 2008
The Alabama Appellate Watch is an excellent blog by Lightfoot, Franklin and White, LLC. The Appellate Watch blog focuses on the decisions normally released every Friday by the Alabama Supreme Court and the Court of Civil Appeals. It contains the full text of each decision and a good analysis of the civil cases...

Great Advice For Alabama Consumers - Don't Sign Repair Order

Posted on January 13, 2008
We have met and greatly respect Ron Burdge - he is a tremendous consumer lawyer and has developed a nationally recognized lemon law practice. So, when he gives straight on advice we listen. Please read his wonderful post about how you should document problems with your vehicles before you take them to the repair shop and what you should do (or not do) when you pick up your vehicle...

Congress Considers Prohibiting Certain Types of Mandatory Arbitration

Posted on January 13, 2008
We have discussed in some detail the problems with mandatory arbitration for Alabama consumers. Paul Bland of Public Justice alerted us to an article in the L.A. Times that we had missed dealing with movement in Congress to protect consumers from having to deal with mandatory arbitration...

Another Victory Against Unfair Arbitration Provisions

Posted on January 10, 2008
Here is an important press release related to a recent decision striking down a class action ban in an arbitration provision. FOR IMMEDIATE RELEASE Contact: Deborah Mathis, Communications Director, at (202) 797-8600 Ext. 246 PAYDAY LENDER?S CLASS ACTION BAN STRUCK DOWN IN FLORIDA Public Justice, the Washington-based national public interest law firm, helped score a victory for Floridians this week when a Palm Beach County Circuit Court opened the door to payday loan customers who want to sue usurious lenders on a class action basis...

Consumer Friendly Bills in Congress in 2007? Actually, Yes!

Posted on January 06, 2008
Perhaps our favorite blog, the Consumerist, has a very nice listing of the consumer friendly bills that were at least considered by Congress last year (still feels funny saying 2007 was "last year" but....). Please check this out and encourage your representatives and senators to keep you and these bills in mind as they get back to work...

Arguments Alabama Consumers Should Normally Avoid If Sued For Collection

Posted on January 06, 2008
A tremendous number of Alabama consumers are sued every day on collection suits. Many of these are brought by debt buyers who either cannot or will not prove that they have the right to sue Alabama consumers. There are other defenses to the collection suits - for example many suits are brought after the statute of limitations has expired...

Information For Alabama Consumers On New FICO Credit Scores

Posted on January 03, 2008
It is a simple fact of life that credit scores control so much of what Alabama consumers can do in terms of obtaining financing for houses or businesses and even employment. These scores are based on the information in your credit reports. This is why it is so critical to look at your credit reports to make sure they are accurate...

Recent Opinion In Sloan vs. Equifax

Posted on January 02, 2008
This opinion from the Fourth Circuit Court of Appeals rejected the arguments of Equifax in this six figure verdict except on two grounds. The emotional distress damages were reduced to $150,000 and the trial court was instructed to conduct a hearing on the attorney's fee award...

Recent Articles on Foreclosure/Sub-Prime Disaster

Posted on November 24, 2007
At the always informative Consumer Law and Policy Blog, Deepak Gupta has an excellent article discussing some recent pieces of journalism discussing foreclosures and sub prime lending. Alabama consumers have faced tremendous pain and suffering from wrongful foreclosures and from what appears to be illegal sales tactics and sometimes outright fraud in the making of sub-prime loans...

More Good News For Alabama Consumers - Arbitration Provisions Limited By Court

Posted on November 23, 2007
Several times in the recent weeks courts have limited the ability of companies to forbid class actions in arbitration agreements. You can read about one a few days ago here which discusses the recent opinion by the First Circuit Court of Appeals. Finally, you can read a great article by the Consumer Law & Policy Blog (Scott Nelson) about the Eleventh Circuit (which covers Alabama) decision in Dale v...

Great News For Victims Of Arbitration Provisions

Posted on August 19, 2007
A serious problem for Alabama consumers and consumers around the country is the wide spread practice of forcing consumers to "accept" arbitration agreements. These often say that the consumer can not file or participate in any class action. Thus, times where an Alabama consumer is cheated out of $50 has to be filed individually which, as a practical matter, means most cases are not filed and consumers are left frustrated...

Good ID Theft Protection Advice For Alabama Consumers From Wall Street Journal

Posted on August 12, 2007
As you know, Identity Theft is a major problem for Alabama consumers and we are always on the lookout for good advice to reduce the risk. Today the Wall Street Journal has a book excerpt that offers some excellent advice. We suggest you read this fine article and see if your defenses have any weaknesses that you can shore up...

Arbitration For Collection Actions - Fair or Unfair?

Posted on August 11, 2007
We are not big fans of arbitration as it is often very unfair for Alabama consumers. We recently read a post in Credit Slips which is so typical of what Alabama consumers face when they are hit with an arbitration claim, particularly arbitration claims in the National Arbitration Forum (NAF)...

Easier For Alabama Consumers To Receive Punitive Damages Against Credit Reporting Agencies?

Posted on August 07, 2007
Our friend Robert Duff of the Indiana Consumer Law Blog has an interesting post about a recent U.S. Supreme Court decision which holds that when a credit reporting agency (such as Equifax, Experian, or Trans Union) recklessly reports or recklessly investigates your disputes, punitive damages can be considered by the jury...

ID Theft Can Target Celebrities Also

Posted on August 07, 2007
Denise Richardson has an excellent blog on credit issues and she picked up this story of how an ID theft ring was targeting celebrities such as Whitney Houston, Paris Hilton, Jennifer Lopez, and others. As we have discussed in the past, ID theft can strike anyone - old, young, ordinary, and now apparently even the famous...

A Warning To Debt Buyers From Collection Attorney

Posted on July 30, 2007
We always enjoy (if not always agree with) the posts on Michigan Collection Law Blog by Gary Nitzkin. He has a fascinating post on his advice to debt buyers that you might find interesting. Here is a short excerpt and we recommend you read the rest of this good article: These debts are generally fraught with lots of problems...

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