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)
The critical difference between deleting a debt from your credit report and killing a debt
Deleting a debt from your credit report is good, but the debt still lives. You can still be sued and the debt can be sold.
Think of it as a table with an object resting on top.
The debt is the table and the credit report is on top of the table.
If we can get rid of the credit reporting, excellent.
But the table,… (Read more)
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
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?
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?
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)