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Consumer Law

Alabama Consumer Blog 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

Recent Entries: 680

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Article On Why Debt Buyers Must Delete Credit Reporting When You Beat Their Collection Suit

Posted on July 31, 2010
We have a new article that answers this question - why must the debt buyer stop reporting a debt on my credit report when I beat the collector in the collection lawsuit? Short answer - because when you win it means you don't owe that collector on that debt...


How To Be A Good Consumer Lawyer

Posted on July 28, 2010
The Indiana Consumer Lawyer Blog has posted an article that provides some tips on being an effective consumer lawyer. One of the most important things you can do as a consumer attorney is to listen to your client and then fully answer and explain their questions or concerns...


What's REALLY One Big Cause For The Mortgage/Foreclosure Crisis

Posted on July 27, 2010
Our friend Denise Richardson of givemebackmycredit.com has posted an article what's really behind the cause of the continuing mortgage and foreclosure crisis. It seems that one of the major underlying problems is that there's no motivation for the banks, credit bureaus, corporations, or debt collection agencies to tell the truth...


Article On Three Ways To Stop Collectors From Calling You

Posted on July 23, 2010
We are often asked by Alabama consumers "How do I get collectors to stop calling me?" and "Should I send a cease and desist letter?" We wrote a short article on this subject that covers three options you have: 1. Pay the debt; 2. Send a cease and desist letter; or 3...


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Article On Should I Trust The Foreclosure Lawyer To Advise Me?

Posted on July 12, 2010
No. You should not. In this article we talk about who the foreclosure lawyer represents and why he or she cannot advise you and why you should not look at the foreclosure lawyer as your friend. These lawyers are good lawyers but they represent the mortgage company - not you...


Article - Debt Buyer Lawsuits - What Does An Appeal To Circuit Court Mean?

Posted on July 10, 2010
Most debt buyer lawsuits in Alabama take place in District (or Small Claims) court. The loser can appeal if they are unhappy with the result. In this article we talk about what this means to you as someone who has been sued by a debt buyer. One way you may improve your chances of success is to read our free report that for well over a year has been our most popular report - to receive a free copy of the Five Secrets Debt Buyer's Don't Want You To Know About When They Sue You, contact us at 205-879-2447, through our website, or by filling out the form below...


Revised Article On Illegal Debt Collection Calls To Cell Phones

Posted on July 08, 2010
We made a major revision to one of our most popular articles - Illegal Calls To Cell Phones By Collectors. This concerns violations of the TCPA - Telephone Consumer Protection Act and the FDCPA - Fair Debt Collection Practices Act. Here are the headings - if this looks interesting click here to read more about protecting yoursefl from illegal collection calls to your cell phone...


Video - Threats To Sue After The Statute Of Limitations Has Expired Violate The FDCPA

Posted on July 06, 2010
Debt collectors - collection agencies, collection law firms, debt buyers, etc - cannot threaten to do anything that they: 1. Don't intend to do; or 2. Can't do. It is illegal under the Fair Debt Collection Practices Act (FDCPA) to sue a consumer after the statute of limitations has expired...


Video - The FDCPA Protects You Even If You Owe The Debt

Posted on July 04, 2010
Don't fall for the myth that "I owe this debt so I don't have any protection from the law against abusive debt collection." That's one of the central reasons Congress, over 30 years ago, passed the Fair Debt Collection Practices Act (FDCPA) - to protect consumers who owe debts from dishonorable and abusive debt collectors...


Lawyer's Use of Letterhead Leads To Lawsuit

Posted on July 02, 2010
The Legal Intelligencer has posted an interesting article about a recent Pennsylvania ruling that says lawyers cannot use their own firm's letterheads when sending out collection letters unless the lawyer has reviewed the file and is prepared to file a lawsuit...


Article On Debt Collectors Threatening To Sue You After The Statute Of Limitations Has Expired

Posted on June 28, 2010
A common abusive tactic by debt collectors is to threaten to sue you even when the statute of limitations has expired. This is known as a "time barred debt" because it is too late for the debt collector to sue you. A debt collector can't threaten to do anything that it does not intend to do or can't do...


Video - Alabama Consumer Monica Who Faced Abusive Debt Collectors

Posted on June 26, 2010
Monica, an Alabama consumer, discusses her experience with abusive debt collectors and how she felt after contacting our firm. You are welcome to request our free book on "Stopping Abusive Collectors" which explains in more detail how to fight back against collectors that violate the Fair Debt Collection Practices Act (FDCPA)...


Video - Arbitration Problem That Needs To Be Fixed ASAP

Posted on June 26, 2010
Deepak Gupta has an excellent post on how the United States Supreme Court has ruled in a way to hurt consumers who seek justice but are prevented from doing this by arbitration agreements. Take a look at the video and the post by Deepak - he does good stuff...


Interesting Information From Debt Collectors Regarding Illegal Voicemails

Posted on June 24, 2010
We have mentioned before how most debt collectors who leave voicemails violate the law because, among other things, they don't leave the "Mini-Miranda" warning. This violates the Fair Debt Collection Practices Act (FDCPA). Basically this is to say "I am a debt collector" and "This is an attempt to collect a debt...


Video - Settlements And Verdicts Explained

Posted on June 23, 2010
Here's the basic difference between a verdict and settlement: A verdict is where the court has decided who wins and how much the other side will pay the winning side. A settlement is an agreed upon resolution. It can involve money and also non monetary aspects - such as setting aside a wrongful foreclosure, removing false credit reporting, etc...


New Article On Debt Collectors, "Location Information" And Third Parties

Posted on June 23, 2010
Almost every day we get a question or a client inquiry about debt collectors calling a third party. And calling that third party - not for location information - but for an illegal purpose in collecting the debt. We wrote a new article you can find here that explains these concepts - third parties and location information...


Video - Testimonial Of Alabama Consumer Who Faced Abusive Debt Collectors

Posted on June 22, 2010
Mike talks about his experience with an abusive debt collector who was calling his cell phone. You are welcome to request our free book on "Stopping Abusive Collectors" which explains in more detail how to fight back against collectors that violate the Fair Debt Collection Practices Act (FDCPA)...


Video - Overview Of Proving Fraud In Alabama

Posted on June 21, 2010
Debt collectors and mortgage companies (including mortgage servicers) often use fraud against Alabama consumers. In this video I give you an overview or big picture look at what fraud is in Alabama and what you have to prove in order to be successful in a fraud lawsuit or counterclaim...


Stop Car Finance Companies From Calling Your Cell Phone

Posted on June 21, 2010
Car finance companies such as GMAC, Nuvell, Ford Motor Credit, etc. are some of the biggest offenders of the Telephone Consumer Protection Act (TCPA). They will call your cell phone dozens of times in a week using an autodialer and/or pre-recorded messages...


Countrywide To Pay $108 Million For Overcharging Homeowners

Posted on June 09, 2010
The Federal Trade Commission has posted an article about how two Countrywide mortgage servicing companies are to pay $108 million to the struggling homeowners they overcharged with "illegal and excessive fees" before it was acquired by Bank of American in July of 2008...


Can A Collector Call My Family Members When I'm Paying The Collector Per An Agreement?

Posted on June 01, 2010
I recently received this question from a consumer who was concerned about how a debt collector was treating her in calling family members: I had a credit collector (United Recovery) call my home and a family members home today. (5/29/10) I am making payments as agreed to them, there is was no reason for them to call my home or family member...


Video - Letter Demanding You Leave Your Home After Foreclosure

Posted on May 31, 2010
Getting threatened with foreclosure is tough. Actually being foreclosed on is tough. Particularly when the mortgage company has foreclosed illegally. But then to add insult to injury, you will receive a letter demanding you leave your home or you will be sued...


Video - Alabama Ejectment Suit - Assuming Nothing Can Be Done After Foreclosure - Second Most Common Mistake

Posted on May 30, 2010
When you are sued for ejectment (after a foreclosure) in Alabama, the first most common mistake is to not answer the complaint. The second most common mistake is to give up by assuming there is nothing you can do after a foreclosure. If there has been a wrongful foreclosure, then the ejectment lawsuit is a perfect time to bring these issues up...


Alabama Consumer Discusses Her Experience With Abusive Debt Collector

Posted on May 29, 2010
Many Alabama consumers face abusive debt collectors - its just part of the package that comes with an economic downturn. She discusses her experience not only with the abusive collector but also her experience in hiring us to help her deal with the situation...


FDCPA - Why Should I Use A Collection Log?

Posted on May 28, 2010
Here's the reason to use some type of collection log - to help you track the calls and other communications from debt collectors. Remember - if a company is willing to break the law - then it is willing to lie about breaking the law. Your collection log will help these abusive debt collectors "remember" the illegal conduct they committed against you...


Credit Report Errors - Why Do I Have To Dispute Directly With The Credit Bureaus?

Posted on May 27, 2010
It may not make sense but this is the law - you have to dispute directly with the credit reporting agencies - the national ones include Trans Union, Innovis, Experian, and Equifax. You can and should also send a dispute to the furnisher of information (i...


Credit Report Errors - Why Do Bureaus Believe Creditors Over Me?

Posted on May 26, 2010
Remember that line from the movie "Show me the money!" - that's the answer. Plain and simple. You are not the customer of Equifax, Experian, Innovis, or Trans Union. Instead the companies supplying the false information are - and they pay well...


Credit Report Errors - What Happens When I Dispute False Information?

Posted on May 25, 2010
Many Alabama consumers want to know exactly what happens when they dispute false information on their credit reports - in this video we take you "behind the scenes" to what actually happens. It is ridiculous to call what the reporting agencies - Equifax, Experian, Innovis, or Trans Union - do a true "investigation" but nevertheless this video explains the real story...


Video - Credit Report Errors - Step Three Is Dispute False Entries

Posted on May 24, 2010
When you are dealing with credit report errors, after you first pull your reports, and then review them for inaccuracies, the third step is to dispute the false information to Equifax, Experian, Innovis, and Trans Union - the national credit reporting agencies...


Video - Correcting Credit Reports - Step Two Is To Review Your Reports

Posted on May 23, 2010
After you have pulled your credit reports from Equifax, Experian, Innovis, and Trans Union, then you need to carefully review those reports to see what is accurate and if there is any false information on your reports. You can watch our video on the overview of the Five Steps To Correct Credit Report Errors here or you can watch our video on the first step which is to pull your credit reports...


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