The video above is quite comprehensive but we realize some folks prefer to read rather than watch a video so we have the transcript below. Feel free to watch (or listen — the slides are not critical to understand the presentation) or read — whatever your preference is….
And I realize you may rather just pick up the phone and call us — feel free to do this by calling 205-879-2447 and we’ll be happy to chat with you. You… (Read more)
FAQ on Calls to Cell Phones That Violate the TCPA
It is very common for calls from a creditor or debt collector to be auto dialed (computer dialed or robo dialed) or to contain a pre-recorded message (sometimes called “robocalls”).
When these types of calls are made to your cell phone, the debt collector often violates the Telephone Consumer Protection Act (TCPA) which is a powerful law in your favor.
“I’ve Heard About Express Consent Under The TCPA, What Does… (Read more)
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)
Evidence Rule 106: Completeness Doctrine in Debt Collection Lawsuits
In this portion of our ongoing series discussing important rules of evidence, we will be taking a closer look at Evidence Rule 106. Specifically, we are looking at how Rule 106 works within a debt collection lawsuit.
This is for lawyers who don’t normally go to court or consumers who do not have a lawyer and will be representing themselves.
You’ve been sued by a debt buyer such as LVNV, Midland… (Read more)
What happens with credit reporting after you win your collection trial?
When you are in court and you win, what happens with your credit reporting after the trial?
You want the debt removed from your report, but how does this happen?
Do you ask the judge?
Does this happen automatically?
In this post, we’ll discuss how to wrap things up after you win.
You go to court and you win your case. What happens now?
The judge does not control your… (Read more)
Rule of Evidence 408: Settlement talks in a debt collection case
In this portion of our ongoing series discussing important rules of evidence, we will be taking a closer look at Alabama Rule of Evidence 408.
There are Federal Rules of Evidence, but each state has its own tweaks to the Federal Rules of Evidence.
Specifically, we will look at the Alabama Rules of Evidence, since this is the state where we practice.
Alabama Rule 408 is very similar to… (Read more)
Why do credit bureaus believe furnishers over consumers?
Today, I wanted to talk with you about why do credit bureaus believe the creditor, or the debt collector, or a “furnisher” over you when you do a dispute?
You believe there’s something wrong with your credit report.
So, you reach out to the credit bureaus (TransUnion, Equifax, Experian) and tell them there is a problem with your Capital One account, your Portfolio Recovery account, or other debt collection account.
You tell… (Read more)
Example: Suing a debt collector for updating balance after pay for delete
Today, I wanted to share with you an example of a case we filed in the context of a pay for delete.
This is just one of the many cases we file against debt collectors for violating the Fair Debt Collection Practices Act (FDCPA) and the Fair Credit Reporting Act (FCRA).
What is a pay for delete?
A pay for delete is when you call up a debt… (Read more)