Month: May 2013

It is a familiar story – a panicked consumer calls.  His or her paycheck was garnished.  They had no clue this was going on.  He or she did not receive notice that their wages were going to be garnished or maybe that there was even a case pending against them.   How can they get this […]

The Red Flags Rule was adopted in December of 2010 by the Federal Trade Commission (“FTC”) to help prevent identity theft.  The rule was implemented to force businesses to keep a watchful eye on any suspicious activities or “red flags” that may lead to identity theft within business operations…..simply put, it is a rule adopted […]

One of the most popular questions from consumers is do I have to pay an old debt?  It is the old debt dilemma – to pay or not to pay.  TO PAY:  If you incurred the debt, the collector can continue to seek payment until it is satisfied.   The debt will fall off your credit […]

When being contacted by a debt collector, I often hear complaints from consumers that the debt is “too old” and the question, “how can a collector contact me about a debt that is so old?”  While the answer to this question is simple, a debt collector can attempt to collect a debt from you forever […]

In a post earlier this year I discussed the recent amendments to the Fair Credit Reporting Act (“FCRA”) requiring businesses using background checks on existing or potential employees to put the individual on notice of its intention to use the information in making its decision in hiring or firing employees. In ensuring compliance with the […]

When faced with health issues, most consumers, even those with insurance, have a difficult time paying off medical bills that are not covered under your policy.  Even with good financial planning the common consumer would find it difficult to paying off these exorbitant bills.  Regardless, if your medical debt goes unpaid, it ends up on […]

The Fair Debt Collection Practices Act (“FDCPA”) is a consumer-minded statute intended to protect debtors from the abusive collection practices of debt collectors.  If a collector violates the FDCPA, the debtor has various means of recourse under the law.  Under the FDCPA collectors are prohibited from using profane language or violence, making empty threats, calling […]

Often times consumers complain about collection agencies and their collection efforts.  They complain that the collectors are abusive and harassing, and, if nothing else, overly persistent in making phone calls.  It is no secret that collectors use various tactics to coerce consumers in making payment on their debts.  It is important to know that some […]

Often times, when attempting to collect a debt, collectors contact friends and/or family members of the person who allegedly owes the debt, more formally referred to as “third party contact”.  “Third party contact” can be done within the guidelines of the Fair Debt Collection Practices Act (“FDCPA”).  However, there are limits to these contacts, and a […]

In light of the fact that the Fair Credit Billing Act (“FCBA”) is such a lengthy statute, I thought it best to break it up into two discussions.  While last week’s blog focused on “billing errors”, the most in depth topic of the statute, today’s blog is dedicated to the additional regulations of the FCBA […]