Consumer Law

Consumer Reports on the ShamWow

Posted on April 30, 2009
If this is Consumer Reports trying to reach out to younger consumers, I like it. Related posts:Beware Free Credit ReportsCredit repair DIY: fix errors on your credit reportsCredit reports apparently generated by Flintstones technology Related posts:Beware Free Credit ReportsCredit repair DIY: fix errors on your credit reportsCredit reports apparently generated by Flintstones technology

Mann Bracken under fire in Atlanta

Posted on April 30, 2009
Mann Bracken has been sued over 100 times in the last five years, giving the lie to partner William Bracken III’s claims that they do not tolerate harassing conduct. Click the picture above for Atlanta news station WSBTV’s investigative report into Mann Bracken’s collection practices...

The banking industry hates America

Posted on April 30, 2009
Why would bankers oppose legislation that would save millions of homes and $300,000,000,000 of their money? They hate America. This is the only conclusion I can come to. The “cramdown” legislation would have enabled bankruptcy judges to modify home mortgages, which they used to be able to do, anyway...

Today Is Arbitration Fairness Day!

Posted on April 29, 2009
Call your representatives and tell them mandatory binding arbitration sucks! Today Is Arbitration Fairness Day! | Consumer Law & Policy Blog Related posts:National Arbitration Forum thinks courts should just rubber stamp arbitration awardsPerpetual arbitration with National Arbitration Forum Related posts:National Arbitration Forum thinks courts should just rubber stamp arbitration awardsPerpetual arbitration with National Arbitration Forum

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Payday lenders are corporate loan sharks

Posted on April 29, 2009
A big part of the payday lending story that somehow does not get much play is the comparison to the loan sharks of the past and the historical animosity towards usury. The Salt Lake Tribune has a good story of the dangers of predatory lending, but even better is that it brings up these points...

48 hours left to save 1.7 million homes and $300 billion

Posted on April 28, 2009
The word from AFFIL’s Partners in Washington is that the Senate will vote on Thursday on judicial loan modifications.  Lifting the ban on these court-supervised modifications would save 1.7 million homes and $300 billion in home equity for neighbors of families facing foreclosure...

Contact your senator to save 1,700,000 homes and $300,000,000,000

Posted on April 28, 2009
The government is trying to save 1.7 million homes and 300 billion dollars (PDF link) by restoring a power tool to bankruptcy judges: the power to modify home mortgages. Millions of home are worth much less than their mortgages. But those million plus homeowners could stay in those home?giving more money to the banks, which [...

Bankruptcy: knowing when to walk away

Posted on April 27, 2009
When faced with large amounts of debt, many consumers first think about filing bankruptcy. But while bankruptcy may be the best option for some, it is not the only option. Consumers with only one or two accounts in default should consider dealing with those accounts, especially if they have been sold...

Landlord Asks Mother To Pay ?Early Termination Fee? After Son Fails To Honor Lease By Dying

Posted on April 26, 2009
Words fail me. Landlord Asks Mother To Pay “Early Termination Fee” After Son Fails To Honor Lease By Dying | Consumerist Related posts:Judge Rules That Early Termination Fees Are ILLEGAL In CaliforniaT-Mobile early-termination fee lawsuit moves forward because mandatory binding arbitration clause unconscionableEarly termination fees endangered! Related posts:Judge Rules That Early Termination Fees Are ILLEGAL In CaliforniaT-Mobile early-termination fee lawsuit moves forward because mandatory binding arbitration clause unconscionableEarly termination fees endangered!

Credit Cardholders Bill of Rights Passes Out of Full Committee

Posted on April 22, 2009
From NACA: “Here is a very quick update on credit card legislation. Just now the House Financial Services Committee passed the Credit Cardholders’ Bill of Rights by a 48 to 19 vote. According to Chairman Barney Frank (D-MA), the bill is expected to go to a full House vote next week! ...

Johnson, Rodenburg & Lauinger to pay $311,000 for FDCPA violations

Posted on April 21, 2009
A jury in Montana awarded $311,000 last week to a Montana man who was sued by the debt collection law firm of Johnson, Rodenburg & Lauinger. JRL tried to seize his social security disability payments to satisfy a judgment for CACV, a debt buyer. The jury awarded $1,000 in statutory damages, $250,000 for the consumer’s [...

Folks losing homes dial 1-800; no one answers

Posted on April 16, 2009
Too many consumers in trouble, too few resources to help them? Folks losing homes dial 1-800; no one answers | CNN Related posts:After Losing His Home, Man Trashes House, Spray Paints Message To BankSubprime rescue plan: few get “rescued”Obama Losing Voters Over FISA Support Related posts:After Losing His Home, Man Trashes House, Spray Paints Message To BankSubprime rescue plan: few get “rescued”Obama Losing Voters Over FISA Support

Debtors? prison returns to Florida

Posted on April 16, 2009
I understand the need for courts to enforce their orders, but when hard times mean that a state like Florida is throwing thousands of people into jail just for failing to pay fines of a couple hundred dollars, something ain’t right. The problem, of course, is that state courts are strapped for cash along with everyone [...

After the Bank Failure Comes the Debt Collector

Posted on April 16, 2009
After the Bank Failure Comes the Debt Collector | NY Times Related posts:In Tough Times, a Debt Collector Sees the PainDebt collector sued for hounding sick childI?m going to collect the money from you dead or alive, says debt collector Related posts:In Tough Times, a Debt Collector Sees the PainDebt collector sued for hounding sick childI?m going to collect the money from you dead or alive, says debt collector

How to get a free credit report (that is actually free)

Posted on April 15, 2009
To get a free credit report, visit annualcreditreport.com. Stay away from the misleading “free”creditreport.com, which is somehow still doing business despite its incredibly misleading name. Related posts:Make Sure Your Free Credit Report Is Actually FreeGet credit score estimates to go with your free credit reportMortgage firm Countrywide, in response to alleged data breach, offers free credit [...

Subscribe to Caveat Emptor

Posted on April 15, 2009
Don’t forget to subscribe to Caveat Emptor. You can have posts emailed to you, add our RSS feed to your reader, or follow us on Twitter. Related posts:Subscribe to Caveat EmptorSubscribe to Caveat EmptorSubscribe to Caveat Emptor Related posts:Subscribe to Caveat EmptorSubscribe to Caveat EmptorSubscribe to Caveat Emptor

Banks making (more) predatory loans with taxpayers money

Posted on April 14, 2009
Citibank, U.S. Bank, Bank of America, Wells Fargo, and Pacific Capital Bancorp have been called out by the Congressional Oversight Panel for using taxpayer money to turn around and rip off taxpayers. Essentially, taxpayers end up paying twice: once to the government, once to the banks...

More litigants lawyer-less during the recession

Posted on April 10, 2009
According to the New York Times, the number of people representing themselves during the recession is way up, and that can cause problems: Judges complain that people miss deadlines, fail to bring the right documents or evidence and are simply unprepared for legal proceedings...

Congress thinks a 391% APR is a-okay

Posted on April 09, 2009
Last week, the House Subcommittee on Financial Institutions and Consumer Credit held a hearing on H.R. 1214, the Payday Loan Reform Act.  AFFIL and our Partners are calling this the ?Payday Lender Protection Act.?  It?s the first bill that AFFIL has ever officially opposed (PDF link)...

Citibank offers $5,000 loan to defendant in Citibank collection lawsuit

Posted on April 07, 2009
Allen Harkleroad is an angry debtor who blogs about his experience dealing with debt collectors. One of his creditors, Citibank, sued him on a defaulted credit card debt. After they started the lawsuit, though, Citibank offered to loan Allen another $5,000...

Credit Card Skimming: How thieves can steal your card info without you knowing it

Posted on April 07, 2009
Fantastic gallery of card skimmers. Credit Card Skimming: How thieves can steal your card info without you knowing it | NetworkWorld (via Consumerist) Related posts:10 Things You Might Not Know About Your Credit CardCongress finally allowed consumers to speak out on credit card industry abusesHSBC will not give you their credit card agreement until after you [...

Obama violating copyright laws right and left

Posted on April 03, 2009
It isn’t really his fault; many people unintentionally violate copyright laws every day. But if the President can’t give a simple gift without breaking the law, the system is broken. When British Prime Minister Gordon Brown visited the U.S...

2 million jobs lost in 2009

Posted on April 03, 2009
This is for 2009. As in three months. Oof. 2 million jobs lost in 2009 | CNN Related posts:7.5 million homeowners find selves ‘underwater’What would you do if you lost your job?Bank of America to pay two Countrywide execs $19 million for running company, economy into the ground Related posts:7...

86 Federal Civil (FDCPA and FCRA) Lawsuits Against Mann Bracken Since January 2007

Posted on April 03, 2009
86 Federal Civil (FDCPA and FCRA) Lawsuits Against Mann Bracken Since January 2007 | Designer Today Related posts:Briefs filed in FCRA caseUnifund averages nearly 5,500 collection lawsuits a year in California aloneDebt firms “slammed” by consumer lawsuits (according to Law...

1 In 10 Americans Are On Food Stamps

Posted on April 02, 2009
1 In 10 Americans Are On Food Stamps | Consumerist Related posts:Stretch Your Food Dollar: Rethinking MeatLatest Gallup Poll Shows 43% of Americans Pays Credit in FullNational Arbitration Forums rubber-stamps a(nother) bogus claim Related posts:Stretch Your Food Dollar: Rethinking MeatLatest Gallup Poll Shows 43% of Americans Pays Credit in FullNational Arbitration Forums rubber-stamps a(nother) bogus claim

New York Times: Walking Away From Your Mortgage, Not So Bad After All

Posted on April 02, 2009
New York Times: Walking Away From Your Mortgage, Not So Bad After All | Consumerist Related posts:More on walking away from your mortgageNew York Couple Harassed by Creditors Trying to Collect Debt Their Dead Son OwedIn Tough Times, a Debt Collector Sees the Pain Related posts:More on walking away from your mortgageNew York Couple Harassed by Creditors Trying to Collect Debt Their Dead Son OwedIn Tough Times, a Debt Collector Sees the Pain

Payday lending coincides with increased bankruptcy filings

Posted on April 02, 2009
But is payday lending a cause of increased bankruptcy filings? In a paper from last September, Professors Paige Skiba (Vanderbilt Univ. Law School) and Jeremy Tobacman (Univ. of Pennsylvania), say yes for Chapter 13 reorganizations, by about 2.5%. They also found that for payday loan customers filing Chapter 13 bankruptcies, a whopping 11% of their [...

Student Loan Nightmare: Help Wanted

Posted on April 01, 2009
“[W]hy aren?t student loans receiving the same attention, same care and forgiveness as every other loan in America?” Student Loan Nightmare: Help Wanted | AC360 Related posts:Student loan “crisis” just an invention?Sure you owe somebody for your mortgage loan, but who?Resolution #3: don’t overstate your income on a loan application Related posts:Student loan “crisis” just an invention?Sure you owe somebody for your mortgage loan, but who?Resolution #3: don’t overstate your income on a loan application

Subscribe to Caveat Emptor

Posted on April 01, 2009
Don’t forget to subscribe to Caveat Emptor. You can have posts emailed to you, add our RSS feed to your reader, or follow us on Twitter. Related posts:Subscribe to Caveat EmptorSubscribe to Caveat EmptorSubscribe to Caveat Emptor Related posts:Subscribe to Caveat EmptorSubscribe to Caveat EmptorSubscribe to Caveat Emptor

Are we a nation of deadbeats?

Posted on April 01, 2009
Yesterday evening, on MPR’s Marketplace, John Dimsdale reported on private equity firms that may buy up bad debts under the government’s economic recovery plan. In the report, he referred to the business of servicing bad credit card debts as “collecting payments from deadbeat borrowers...

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