Over one billion contacts are made each year by debt collectors to consumers. The contingency fees raked in by third-party debt collectors exceeds many billions of dollars. The largest debt collector, NCO Financial which is owned by JPMorgan Chase, earns nearly $2 billion annually. A report describes both the enormous profits in the debt collection industry and the flaws in the legal system. Judges in Iowa estimate 85% to 90% of all collection lawsuits result in a default judgment becauseRead more
Credit Report Mistakes
The Fair Credit Reporting Act (FCRA) prohibits credit bureaus from reporting accounts that have been placed for collection or charged off for more than seven years. What Does This Mean For You? The creditor (known as a “furnisher” under the FCRA) is required to tell the credit bureau the date of the first delinquency because the seven years actually begins to run 180 days following that date. After the seven years expires, the debt’s “trade line” is supposed to ageRead more
Think That Pro Athletes Immune to Financial Trouble? Think Again.
Now that the Super Bowl is over (let’s not discuss the final score), high school and college athletes everywhere are dreaming of making it big in pro sports. Contracts worth millions of dollars are possible even for athletes not selected high in any pro draft. But, just like you and me and all of our clients, money problems aren’t foreign to even some of the wealthiest of pro sports players. In fact, there’s some evidence to suggest these wealthy playersRead more
Payday Loan Company on Reservation Subject to Iowa Law
An important September 2013 ruling from the Iowa Department of Inspections and Appeals said that Western Sky Financial is subject to Iowa consumer laws. Western Sky sells the loans it makes to WS Funding, a subsidiary of CashCall, which services all the loans made in Iowa by Western Sky. The payday loans made by Western Sky can carry interest rates in excess of 135%. Western Sky and CashCall had argued that since it was owned by a tribal member andRead more
National Collegiate Student Loan Trust Dismisses Lawsuits
Four lawsuits against two of my clients were dismissed last month after the National Collegiate Student Loan Trust (NCSLT) was unable to prove it was entitled to collect the private student loans my clients allegedly owed. After filing motions to dismiss in each of the lawsuits I argued NCSLT had failed to prove how it was the “real party in interest” when the original loans had been with JPMorgan Chase. What Did The Judge Propose? The judges gave NCSLT threeRead more
Debt Collection Complaints Increasing
Consumer complaints about debt collection have increased. Between 1999 and 2009, complaints to the Federal Trade Commision about collection agencies, debt buyers, collection attorneys and mortgage servicers increased from 10,000 to almost 90,000. The growth in the “debt buying” industry has led to many of these new complaints. Each year creditors write off hundreds of billions of dollars in debt that they believe to be uncollectible. But for the consumers who owe the debt the story doesn’t end there. ForRead more
Specialty Consumer Reporting Agencies Covered by FCRA
Most people are at least somewhat familiar with the Fair Credit Reporting Act (FCRA) requirement that the big three credit bureaus (Equifax, Experian and TransUnion) report only accurate information about someone’s credit. What is less known is that other agencies besides these three must also comply with the requirements of the FCRA. For instance, specialty reporting agencies that collect and disseminate information about consumers also covered. The Medical Information Bureau (MIB) collects and sells personal health information. CoreLogic SafeRent screensRead more
Chapter 13 More Likely to Save Homes
A recent study confirms what many of us have known for some time: Filing Chapter 13 bankruptcy is one of, if not the best way to keep people in their homes Researchers from North Carolina looked at the cases of nearly 4,300 homeowners across the country. All of whom were more than 90 days late on their 30 year fixed rate mortgages. The study said that when homeowners filed bankruptcy, sales of their home were 70% less likely to occurRead more
Credit Reporting Requirements
The Fair Credit Reporting Act requires that when a consumer sends a dispute to a credit bureau, it should forward that dispute to the creditor reporting the inaccurate information. The credit bureau must give the creditor all information related to the dispute The creditor must then review the information and conduct an investigation into whether the report is accurate If the creditor determines the disputed information is inaccurate it must correct the description of the account The Consumer Financial ProtectionRead more
Bank Setoffs
Before filing a bankruptcy we often advise clients to move bank accounts to another lender where they don’t owe any debts. When a borrower defaults on a debt to a lender, that lender can offset the defaulted debt against any funds they’re holding in an account. There are restrictions on a lender’s right to setoff funds however. One of the most important is that the FCBA prohibits a credit card issuer from offsetting funds in an account to satisfy aRead more
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