Friday, August 19, 2011

Complaints About California Debt Collector Harassment

There has been a tremendous increase in California debt collector harassment complaints. Since 2006 to 2010, California debt collector harassment complaints have risen by 194%. In 2010, 10,914 lawsuits seeking relief under the FDCPA were filed by or for consumers.

The Rosenthal Fair Debt Collection Practices Act (RFDCPA) is equipped with additional protections for consumers when they are dealing with debt collectors. Problem of abusive collectors has been on the increase with the Federal Trade Commission (FTC). Common complaints include harassment by debt collectors who call consumers repeatedly, use threatening or profane language and threaten consumers with illegal actions if they do not pay them the money they demand.

In addiction to all the protections that the federal FDCPA provides, the RFDCPA imposes additional stipulations on debt collectors communicating about your debt to your employer or other outsiders. There is also an additional provision for protection when a collector is attempting to collect on an already cleared debt through bankruptcy. California debt collectors are quite often very aggressive in attempting to collect on wiped out debts.

If you are illegally served with a summons and complaints related to a debt, the RFDCPA protects you. The California debt collector harassment laws demand that a debt collector cannot file a lawsuit against you in another state, county or location that is far from where you live, unless the concerned debt was incurred in that location.

The Federal Trade Commission (FTC) and private attorneys impose the RFDCPA to protect you from debt collection harassment. While it is necessary for you to take calls from debt collectors, the RFDCPA strictly prohibits harassment of any form. The Act restricts debt collectors' calls to prior agreed time. Calling during night or any other inconvenient times is considered a violation of the RFDCPA. Debt collectors are required to send all communication to you in sealed envelopes and not by postcards. The collector must disclose his name and reason for calling as also notifications with information about the amount you owe, the name of the creditor and process to follow if you dispute the bill.

If you have been a victim of the above violations and/or more, you may consult a private attorney. An attorney would directly represent your interests. You may contact attorneys at Krohn & Moss, Consumer Law Center® who have helped thousands of victims of California debt collector harassment to put a full stop to debt collector harassment.

About Krohn & Moss, Consumer Law Center®
The law firm of Krohn & Moss, Consumer Law Center®, was founded in 1995 by attorneys Adam Krohn and Greg Moss, to provide legal representation to consumers with defective vehicles and products. In 1998, Krohn & Moss, Consumer Law Center® consumer fraud practice started, concentrating in auto fraud claims such as odometer setbacks, auto dealer financing scams and vehicle history misrepresentations. In 2002, FCRA (Fair Credit Reporting Act) and FDCPA (Fair Debt Collection Practices Act) violations became an additional focus of the firm, in their efforts to assist victimized consumers with credit reporting and debt collection issues. Krohn & Moss Consumer Law Center® has arbitrated, settled and litigated cases which have had a profound impact on consumer protection law.

Contact:
Krohn & Moss, Consumer Law Center®
10474 Santa Monica Blvd.
Suite 401
Los Angeles, CA 90025

Friday, June 3, 2011

Notifications from Debt Collectors According to the RFDCPA

The Rosenthal Fair Debt Collection Practices Act (RFDCPA) is California state fair debt collection act. It is largely based on the federal Fair Debt Collection Practices Act (FDCPA). California debt collector harassment is governed by both the federal and the state Acts. The RFDCPA was adopted in 1977 to deal with unfair debt collection practices in the state.

According to the RFDCPA, A creditor need not inform you about referring your account to a debt collection agency. A health spa account requires to send notification before the debt is assigned for collection.

California debt collection has taken an ugly turn which is evident in the increasing number of California debt collector harassment cases registered at the Federal Trade Commission (FTC). One of the violations in California debt collector harassment is not sending valid notices when they call you in an attempt to collect debts.

According to RFDCPA, a debt collector is required to send you notification, in his first contact with you regarding an unpaid bill or within five days of his initial contact, the amount you owe, name of the creditor and information regarding your rights about disputing the bill. Whether a California debt collector contacts you by a telephone or in writing, the five-day notification period stands. Many California debt collection agencies post this information on their initial notice itself.

It is mandatory in the RFDCPA for debt collectors to include in each notice the following information:
  • Name of the Creditor
  • Name and contact details of the collection agency
  • Mailing date of the notice
  • Total amount due

Under the RFDCPA it is considered legal to contact your employer to find about your employment, location, your medical insurance details or to garnish your wages if court has given a judgment to that effect. If an agency has permission to contact your employer for details about you, debt collection agency should make its inquiry in writing. Should the agency not receive a response in writing, the agency may contact your employer by other means.

A California debt collection agency can contact you at your work place unless it knows that your employer does not appreciate of it. Under the RFDCPA there is a provision to stop being contacted at work if you wish not to be contacted. You should send a notice to the debt collectors requesting them not to contact you at work and if they must, then it should be through a written notice marked Personal and Confidential. All telephonic or other ways of contact by debt collectors can be stopped if you wish to, by sending a written request by certified mail with return receipt request. After this the agency may contact you once more to explain their next course of action.

Monday, May 23, 2011

Avoid NCO Debt Collector Harassment

The Fair Debt Collection Practices Act (FDCPA) was established to regulate debt collection practices. The Act came into existence after the Federal Trade Commission (FTC) received numerous complaints about unfair and illegal debt collection methods employed by the third party debt collectors. One such formidable third party collection agency that outsmarts all other debt collection agencies is the NCO Financial Systems.

The NCO has over 100 offices in more than ten countries and has a work force of 24,000 employees that actively participate in all debt collection processes. The NCO is a third party debt collection agency that collects on behalf of creditors. The FTC fined the NCO a record $1.5 million in 2004 in a debt collection case for violating the FDCPA. This collection agency tops all types of debt related complaints.

According to the FDCPA, an NCO debt collector cannot harass you by calling you at any time of day or night. He cannot call you at your workplace. He cannot shout or abuse you to pay the debt. If you have asked him verbally or in writing not to call you, he has to stop. If you are represented by an attorney he must contact only the attorney. By calling you even after your engaging an attorney, debt collector violates the FDCPA. You can sue the NCO debt collector for this violation. An NCO debt collector cannot intimidate you with dire consequences like threatening to garnish your wages, or get you arrested. These violations are strictly punishable by law.

The FDCPA has strict laws to punish agencies like the NCO. Once the NCO gets hold of your account there is no stopping them to make calls or engage in any other form of harassment. You should first know your rights in the FDCPA.

If you default on payments, it is advisable to stay ahead of debt collectors by calling creditors and explaining your predicament. Creditors often understand your commitment if you call and explain. However, do not commit to what you cannot pay. Just make an agreement to pay regularly what fits your budget. If you can pay more at a later point, it would be welcome.

Debt collection agencies like the NCO do not play the game by rules. It is best to recognize their violations at the first instance and go legal. If debt collectors have violated, each violation may be sued for $1000. Per the Section 813 of the FDCPA you can sue debt collectors for violating the fair debt act.

Friday, April 22, 2011

CHICAGO, IL--(Marketwire - Apr 19, 2011) - A consumer from downstate Bloomington, Illinois received a jury verdict against General Motors, LLC ("GM") for breach of express warranty and breach of implied warranty in connection with her purchase of a defective 2010 Cadillac SRX. Shelly Newman filed a complaint against GM after her attempts to have various defects in her vehicle repaired by an authorized GM dealership failed. Ms. Newman contacted Krohn & Moss, Ltd., a Chicago law firm that has handled over 35,000 cases since its inception in 1995, seeking to enforce her rights as a consumer. Krohn & Moss, initially contacted GM in writing seeking a resolution to Ms. Newman's case without having to seek court intervention. However, efforts to resolve this "lemon law" dispute were unsuccessful and ultimately the case proceeded to trial.

In reaching the verdict, the jury found that GM had been provided a "reasonable number of attempts" to repair Ms. Newman's vehicle but failed to do so. The jury awarded Ms. Newman $7,000.00 in damages representing how much she overpaid for her vehicle due to its defects along with the aggravation of being forced to live with the problems. As a result of the verdict in Ms. Newman's favor, Krohn & Moss, Ltd. was also able to seek and receive payment for its attorneys' fees from GM as is required by various state and federal laws after prevailing in a "lemon law" case. Eric Kaczander of Krohn & Moss, Ltd. who was the lead trial attorney for Ms. Newman in commenting on the jury's verdict stated, "This verdict sends a message to all manufacturers that they need to stand behind their products and the excuse that they are 'working on a fix' for the very product they manufactured and profited from is unacceptable." Mr. Kaczander can be reached by calling Krohn & Moss, Ltd. at (312)578-9428, extension 274 or e-mail Mr. Kaczander directly at ekaczander @ consumerlawcenter . com.

For more information concerning this case, please reference Tazewell County, Circuit Clerk 10th Judicial Circuit of Illinois, Case No. 10 LM 393.

About
The law firm of Krohn & Moss, Consumer Law Center®, was founded in 1995 by attorneys Adam Krohn and Gregory Moss, providing legal representation to consumers with defective vehicles and products, consumer fraud concentrating in auto fraud claims such as odometer setbacks, auto dealer financing scams and vehicle history misrepresentations, FCRA (Fair Credit Reporting Act) and FDCPA (Fair Debt Collection Practices Act) violations. Visit the Krohn & Moss website at www.yourlemonlawrights.com or you can contact our firm at 888 MY-LEMON (888-695-3666), toll free from anywhere in the US.

SOURCE: http://www.marketwire.com/press-release/krohn-moss-wins-jury-award-in-defective-cadillac-case-against-general-motors-llc-1504199.htm

Thursday, April 7, 2011

The Ugly Side Of Debt Collection Companies

Debt collection harassment often takes ugly turns with debt collectors resorting in sleaziest techniques. If you were to think that debt collectors are a set of sophisticated lot, it is time to reconsider our feelings. In what can be termed as a spine chilling incident, a debt collector operated despite being in prison.

Lamont Cooper from New York owns Legal Action recovery, a debt collection agency, Legal Action Recovery known to be a professional debt collection firm, served term in prison. The chilling fact was that not only did this collector and his collection agency resorted to terrible tactics, but he continued business as usual from prison.

Prison surveillance showed that he corresponded with his employees and demanded to be informed of all banking activities. The New York Attorney General's office filed charges against him for continuing business from prison. He will be arraigned after he is discharged form federal custody.

A reporter of a news paper turned debt collector for three months to understand how this business works. His confessions include how unpaid bills are considered a boon by debt collectors. His stint at the collection agency taught him some hard truths. Motivated strictly by cash, collectors manipulate, shame and threaten people into paying, without caring whether the bill is legitimate. If they do not do this, their superior takes them to task. The cash benefits of collecting are huge and encouraging enough for collectors to use unethical means.

Debt collection is a massive industry where each debt collector is trained in collection tactics. Each one of them makes roughly 150 to 200 calls per day. They are taught to pose as para legals, give financial advice should the debtor opt to settle, try harassing techniques and so on. At the end of the day a collection agent has to complete his task of making those many calls and strike deals.

Typically debt collection training requires a debt collector to be polite, well mannered over phone, handling the conversation and closing the call on a pleasant note. But the real debt collectors are far from this description. They use abusive and illegal methods and end up violating the Fair Debt Collection Practices Act (FDCPA). The FDCPA was established to ensure fair debt collection and is enforced by the Federal trade Commission and private litigants.

How to Get the Most for Your Money on Your Auto Insurance

Buying an auto insurance that's right for you can be very frustrating, if you are a first-time buyer. You can get the most out of your money on your auto insurance if you keep your eyes open to a few basics of auto insurance shopping.

Please look at the following positive driving habits that would fetch you a relatively good saving:

If you are a safe driver you are sure to save more on insurance. Drivers with good driving records can save as much as 60 percent over drivers who are prone to getting in trouble on roads with accidents.

Maintain a good financial credit score. Majority of the insurance companies tend to give you a rate that is based on your financial credit. If you maintain your financial credit well it gets you a much lower premium. Always choose a higher deductible to pay before your insurance policy gets activated as it will give you a policy you need to pay relatively less for.

Choose a policy wisely to eliminate unnecessary coverage. If yours is a new car you would afford to get a little more generous for its protection. But then if you want insurance for an older model with a little cash value, it makes sense to curtail your expenses on it. You can eliminate the 'collision or 'comprehensive' coverage, which are mainly intended for high value cars that are prone to theft, or require radical protection from damages.

Buy from an insurance company you know and have already dealt with before. Insure your car and home with the same insurance company. You could save money if you have more than one type of insurance policy with the same insurance company, say your auto policy and a homeowners' policy. The more business you give the insurance company, the more valued you are, as a customer.

Combine your auto policy with others in the same household for a multi-car discount. You can add extra policies to get extra auto insurance policies for you and your roommate.

Policies that allow you to get a multi-car discount and significant savings:

  • Student discounts such as a good student credit for maintaining a B average
  • A driver in your household is living away at school and not driving as much
  • Spin off policies from a parent's policy for a young driver who wants his own policy

Refresh your driving skills a state-approved defensive driving course. If you complete a state-approved defensive driving course you could qualify for savings. Drivers under the age of 21 with a driver training course can also qualify for savings. Your education can also bring in a nice discount on your auto policy. The more educated you are the cheaper the rate of the insurance policy becomes.

Research thoroughly before you buy a car. A safer car costs less to repair and less to insure. Research thoroughly for crash-test reports, repair records and manufacturer recalls of any car you are considering. Research thoroughly on-line or even a consumer protection magazine can even be equally useful.

Never pause your auto insurance but continue it even if your present car is confined to the garage in a dilapidated stage. Try to maintain its auto insurance even if you do not own a car. If you discontinue it, you might have to pay a sizable surcharge when you go to buy another policy sooner or later.

Have an independent agent as your personal insurance expert. An independent agent generally has very good relationships with many an insurance company. He would be highly obliged to shop for you for an insurance policy. The same guy would also be handy as your personal insurance expert you can always fall back on. An insurance agent may not cost you anything extra, but the support you get from him will be worth more than what you pay for.

Free Lemon Law Case Review

Wednesday, March 16, 2011

65,000 Mazda 6 Recalled Over the strangest Ever Issue - The Yellow Sac spider Webs

Fuel hose spider infestations have set off a mass Mazda recall of 65,000 cars. Mazda announced one of the strangest recalls in automobile history, this month. According to a spokesperson for the National Traffic Safety and Highway, the recall is over the presence of Yellow Sac spider that may weave its web in the evaporator canister vent line in the affected cars. The webs and the spiders subsequently can lead to blocking critical fuel lines that will eventually cause fuel tanks to leak.

The bizarre recall affects 52,000 Mazda6's in the US, and 13,000 in Puerto Rico, Canada and Mexico. These Mazda's were believed to have been built in 2009 and 2010.

Read Full Article at : http://www.yourlemonlawrights.com/blog/post/2011/03/15/65000-Mazda-6-Recalled-Over-the-strangest-Ever-Issue-The-Yellow-Sac-spider-Webs.aspx