Abusive Debt Collectors

Abusive debt collectors are like bullies. If you don’t take action, they get worse. If you fight back, they tend to go away. Learn how to fight back using the laws.

Fair Debt Collection Practices Act (FDCPA) — protecting consumers from abusive debt collectors

The Fair Debt Collection Practices Act (FDCPA) is a powerful law that helps protect consumers, including Alabama consumers, from abusive and harassing debt collectors. In this article we’ll take a dive into the following: What is the purpose of the FDCPA What is a “debt collector” under the FDCPA Who is a consumer under the law What debts are covered and not covered under the FDCPA What type of conduct is forbidden Exactly what is a debt collector required to… (Read more)


FAQ About Debt Collector Harassment Which Violates The FDCPA

Is A Debt Collector Harassing You Illegally?  Find Out What Your Rights Are So You Can Take Action Against Abusive Debt Collectors! We realize that dealing with debt collectors can be intimidating.  Not just because abusive collectors are intimidating but also because you may not fully understand your rights and what collectors can, and cannot, do in collecting a debt from you. We have laid out some typical questions that we are asked by Alabama consumers who want to know… (Read more)


What in the world are affirmative defenses?

What in the world are affirmative defenses? You’ll typically find affirmative defenses in Rule 8 of your Federal Rules of Civil Procedure. Most states tend to follow the guidelines in the Federal Rules of Civil Procedure, but be sure to check on your state’s specific rules.  For Alabama, the state where we practice, you can find affirmative defenses in Alabama Rules of Civil Procedure Rule 8(c). But what are affirmative defenses? I’m the defendant and I say to the plaintiff… (Read more)


Overview of a typical FDCPA lawsuit against an abusive debt collector

Overview of a typical FDCPA lawsuit against an abusive debt collector A large portion of our practice deals with suing abusive debt collectors under the FDCPA. In this article, I want to give you a big picture view of what happens when we sue an abusive debt collector.  We’re dealing with a debt collector who has violated the FDCPA and now we are suing them. What happens now? Personally, I file these cases in state court 99% of the time. … (Read more)


Can you really get mental anguish for false credit reporting against a debt collector?

Can you really get mental anguish for false credit reporting against a debt collector? When we sue for false credit reporting, we almost always make a claim for mental anguish. We have been suing debt collectors (Midland Funding, LVNV, Portfolio Recovery), credit bureaus (TransUnion, Equifax, Experian), and companies that furnish information to these credit bureaus for false credit reporting for many years.  In every single case, the defense lawyers come back to us and say, “We didn’t do anything wrong,… (Read more)


CFPB settles with Midland too cheap?

CFPB settles with Midland too cheap? A little over a month ago, we discussed the Consumer Financial Protection Bureau (CFPB) and their lawsuit against Encore, Midland Funding, and its associated companies. Now, they have proposed a settlement with these companies.  Ultimately, it will be up to the judge to decide whether to accept this settlement or not.  Personally, I think the settlement being proposed is very weak.  They filed suit back on September 8th, 2020. In this article we will… (Read more)


FCRA credit reporting: examples of technical accuracy

FCRA credit reporting: examples of technical accuracy A lot of times when we sue credit reporting agencies (Equifax, TransUnion, Experian) or furnishers (companies who provide information to the credit bureaus) under the Fair Credit Reporting Act (FCRA), they love to say “Well, yeah, but you know this is technically right. It might be a little deceptive, but it is technically right.” There are ways to argue against this. We can flip this argument over on them.  Here are some examples… (Read more)