Consumer Law

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...

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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...

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