Consumer Law

A Clean Carfax Report Means Nothing

Posted on June 21, 2009
I was working today on one of my car dealership fraud cases when I came across a Carfax Vehicle History Report. Having seen Carfax's recent television commercials, some of which are pretty funny (check this one out: Carfax Commercial), I thought another brief blog entry might be in order because I'm really bothered by how unreliable I have found Carfax reports to be...

Sued Over Credit Card Debt? Don't Represent Yourself

Posted on May 30, 2009
I want to discuss a couple decisions from the Indiana Court of Appeals that will likely have a profound impact on Indiana consumers for years. The decisions are noteworthy because they are both a significant departure from and/or addition to prior Indiana law and they make it much easier for credit card companies and debt collectors to obtain judgments against Indiana consumers...

Credit Card Legislation Passed by Congress

Posted on May 21, 2009
It may be too late for many Indiana consumers, but it's still noteworthy. Congress just passed legislation that will shortly be signed by the President that cracks down on some of the abusive practices long used by the credit card industry. Although the law won't go into effect for nine months, the bill will generally bar interest rate increases on existing balances unless a cardholder has failed to make even a minimum payment for 60 days, require 45 days' notice before any interest rate increase, and prohibit increases any time in the first year after an account is activated...

Indiana Consumer Fraud

Posted on April 14, 2009
I would like to take a second to highlight a case recently decided by the Indiana Court of Appeals. It is important not because it made new law but simply because it is a good reminder of what the law is. The case is captioned Brad Lawson v. Rodney Hale d/b/a R...

To access blog feed reader register for free. (You will also learn about new ways to read and access the freshest law blogs.)

Blessings and Justice in 2009

Posted on January 01, 2009
The Indiana Consumer Law Group was blessed in 2008 with many excellent clients, for which I am very grateful. I believe that we obtained justice for some, yet for others obtaining justice is a work in progress. I hope that 2009 will see many continued victories, but mostly I pray that, in each and every case, justice will be done...

Robo Debt Collector

Posted on December 20, 2008
I received a press release the other day - why, I'm not sure - about a company offering new technology to law firms. Here is how it was described: "Technology Company Offers Voice Recognition Solution with Settlement Overtures to Reduce Operational Burden of Collection Attorneys...

Indiana Lemon Law - A Brief Overview

Posted on August 27, 2008
Almost every new car has a couple of kinks that need to be fixed, but after you have a few miles on your new vehicle, you expect it to run like a charm ? and it should. But what can you do when your new ride has a serious defect and the dealer can?t (or won?t) fix it? Under Indiana lemon law, you do have rights...

Tape Record Debt Collectors

Posted on August 01, 2008
This post is primarily aimed at assisting consumers who are dealing with debt collectors, but it can also be of benefit to consumers dealing with other issues such as automobile dealership fraud or the lemon law. The minute you sense something might be wrong with a consumer transaction or interaction (and it probably won't take long when certain debt collectors call you), immediately go out and equip yourself with the means to record telephone and/or in-person communications...

Sued By A Debt Collector

Posted on April 25, 2008
If you've been sued by a debt collector in Indiana, the first thing you probably wondered while reviewing the summons and complaint is: "what am I going to do?" I can't emphasize how important it is at this stage to be proactive and take immediate action...

Identity Theft Highlighted

Posted on April 23, 2008
Indiana radio station WIBC FM 93.1 is focusing on identity theft this week on their Morning News Program. I was interviewed this morning for the program and had a great time speaking with Terri and Jake about my experiences assisting victims of identity theft...

National Consumer Protection Week 2008

Posted on March 02, 2008
National Consumer Protection Week is March 2-8, 2008. In honor of this highly publicized week (not), I am going to write a short blog entry each day highlighting an issue that I believe is important to Indiana consumers. Today I want to write about the importance of being proactive rather than reactive...

Default Judgments in Indiana

Posted on February 23, 2008
The vast majority of judgments obtained by debt collectors are by default. That means the alleged debtor didn't show up to court to contest the case. Unfortunately, I believe that debtors often don't show up to contest a case because they feel that there is no use since the debt was once a legitimate debt...

Auto Fraud: The Price Is Wrong

Posted on December 20, 2007
Within the last week, the Associated Press reported that a lady who won a car on the game show "The Price is Right" had filed a lawsuit against the game show, CBS Broadcasting and the dealer who sold her the car. Back in 2004, she won a new 2004 Pontiac GTO Coupe while appearing on the show...

Arbitration Agreements Not Good For Indiana Consumers

Posted on September 30, 2007
I just read a letter to the editor of a Henderson County, North Carolina newspaper on the dangers of arbitration agreements. Having seen the impact of mandatory arbitration agreements, I couldn't agree more with the writer's comments. Here is a reprint of the letter in its entirety: Published Friday, September 28, 2007 Protect your right to go to court To The Editor: Today a local automotive dealership refused to sell me a car because I refused to forfeit my constitutional right to a jury trial...

Indiana's New Security Freeze Law

Posted on August 29, 2007
Indiana's new security freeze law goes into effect September 1, 2007. Here's what the Indiana Attorney General's Office says about the new law: What is a security freeze? A 'security freeze' is a new consumer right provided by Indiana law. Placing a security freeze on your credit reports can block an identity thief from opening a new account or obtaining credit in your name...

Credit Reporting Agencies Should Be Worried

Posted on August 05, 2007
A couple of months ago, the United States Supreme Court issued what will no doubt become a landmark opinion in the FCRA litigation arena. That case, Safeco Insurance Co. of America v. Burr, clarified for all the courts in the land, including the Seventh Circuit (that had wrongly imposed a higher standard), that punitive damages may be awarded under the FCRA for the reckless disregard of a statutorily-imposed standard of conduct...

A Fair Credit Reporting Act Case Worth Mentioning

Posted on July 04, 2007
The United States Court of Appeals for the Seventh Circuit decided the case of Heather Gillespie and Angela Cinson v. Equifax Information Services, L.L.C. on May 3, 2007. The case contains some language of which every FCRA/Consumer lawyer in the United States should be aware...

Update: Consumer Protection Law Vindicated

Posted on June 27, 2007
Justice prevails! You may recall that I wrote recently about Judge Roy L. Pearson - the guy who was suing a dry cleaner's for losing his pants for a couple days and was asking for 67 million dollars. Well, he lost. "Judge Bartnoff has spoken loudly in suggesting that, while consumers should be protected, abusive lawsuits like this will not be tolerated," said the lawyer for the owners of the dry cleaners...

Indiana Car Dealers Get A Pass

Posted on June 16, 2007
In the course of doing some research this week, I discovered that Indiana is one of only three states that does not require automobile dealer's to post a bond of some kind. See, look for yourself by clicking here. Being in the minority isn't always a bad thing; sometimes Indiana is progressive...

A Consumer Lawyer Is...

Posted on June 12, 2007
I have been really, really busy lately... and it's been a while since I wrote a blog entry. I have a couple topics that I hope to write on soon, but today I thought I'd put my 13 year-old son to work and perhaps obtain an amusing blog entry at the same time...

Indiana Consumers Should Put Debt Collectors To Their Proof

Posted on May 27, 2007
You just received a telephone call from a debt collector. The debt collector was mean and nasty and threatening and you don't know what to do. First, relax. Then wait. The debt collector has five days (from the initial communication) to send you a letter with this information: (1) the amount of the debt; (2) the name of the creditor to whom the debt is owed; (3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector; (4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and (5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor...

Can Poor Gas Mileage Make My Car A Lemon?

Posted on May 18, 2007
Q: I purchased a new car six months ago. The gas mileage is horrible. I am probably getting 75% of what I'm supposed to get. I've taken it in to the dealer and reported this problem many times, and they just tell me they can't find anything wrong...

Don't Blame Consumer Protection Laws

Posted on May 03, 2007
Roy L. Pearson, Jr., an administrative hearings judge in the District of Columbia, took several suits to Custom Cleaners in Washington, D.C. for alteration. One of the pairs of pants was missing when he returned to pick them up two days later. So Pearson asked the cleaners to pay for the suit, around $1,000...

Indiana's Lemon Law, How Does It Compare? (Part 3)

Posted on May 02, 2007
So far in this series, we have determined that the Indiana Motor Vehicle Protection Act, Indiana's lemon law, is the least consumer friendly of our neighboring states' lemon laws with regard to: the deduction the manufacturer receives for the mileage on a vehicle in a buyback situation (Part 1) and the kind of vehicles to which the law applies (Part 2)...

How Old Is Too Old To Collect A Debt In Indiana?

Posted on April 30, 2007
Q: I live in Indianapolis, Indiana. I recently received a phone call from a debt collector about a debt on a credit card that my former spouse and I had a long time ago. We have been divorced for over seven years, and this delinquent credit card debt was his per the divorce decree...

He Thought They Just Wouldn't Notice

Posted on April 27, 2007
Haven't you ever wished the bank would make a mistake and through some glitch deposit about a hundred thousand dollars in your account? And then never find out? Tell me you've never thought about that! Anyway, that happened to George Costanza, oops, I mean George J...

Indiana's "In God We Trust" License Plates Challenged

Posted on April 24, 2007
Indiana car owners shouldn't be surprised, but Indiana's "In God We Trust" license plate has been challenged in court. Actually, the fact that there is no extra charge for it is being challenged. Sadly, I'm not surprised. I just wrote about how much I liked the new license plate a few days ago...