Wednesday
09Dec2009

Arizona Consumers Hounded on Discharged Debt.

DateWednesday, December 9, 2009 at 04:34PM

Are you an Arizona consumer who has filed bankruptcy within the past few years?

Are your creditors still trying to collect your discharged debt?

Are your discharged debts still reporting as owed on your credit report?

I am regularly contacted by Arizona debtors who are still suffering the collection harassment the bankruptcy was supposed to stop!  Unfortunately, many creditors sell the debts after they get notice of your bankruptcy. And, the debt-buyers who buy these accounts ignore the bankruptcy and hope you will too.

Sometimes their tactics are subtle, like reporting the accounts as outstanding to the credit bureaus, or sending soft letters suggesting that paying the debt will improve your ability to get new credit.  Either way, they are violating the bankruptcy laws and perhaps the federal Fair Debt Collection Practices Act (FDCPA).

Sometimes they act much more boldly.  When you question the validity of the debt, the creditor or debt-buyer will suggest that perhaps the debt was not discharged in the bankruptcy and that you still owe the money.

The bottom line is that if a creditor, a debt-buyer, or a collection agency makes any attempt to collect one of the debts included in your bankruptcy, they have violated the law.

If you are an Arizona consumer, I may be able to help you stop the collection attempts, and recover damages from these unscrupulous collectors.  I offer a free phone consultation.  

Call me, Floyd W. Bybee, at 480-756-8822

 

AuthorFloyd W. Bybee | CommentPost a Comment |
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Monday
28Sep2009

J.R. Brothers Sued by Arizona Consumer over Illegal Threats. 

DateMonday, September 28, 2009 at 11:03AM

My office recently filed suit on behalf of an Arizona consumer against J.R. Brothers Financial, Inc., an Arizona collection agency. The lawsuit alleges that the J.R. Brothers’ collector told the consumer that because she had written a bad check, she had committed a felony.  It also alleges that J.R. Brothers’ threatened to “press charges” against her for passing a bad check.  Finally, the suit alleges that the collector told the consumer that her doctor would no longer see her because she had not paid her bill. These threats violate federal law!

False Threats Under FDCPA Illegal.

The basis for the Arizona lawsuit is that J.R. Brothers violated the Fair Debt Collection Practices Act or FDCPA by making false threats to coerce payments on a debt.  Even when a debt is owed, a collection agency such as J.R. Brothers is prohibited from threatening or implying criminal prosecution unless the action is lawful (which it was not here), and the debt collector intends to take such action (which it did not intend to take here).

J.R. Brothers’ false statement that the doctor would no longer see the consumer as a patient is also illegal under the FDCPA.

Any false or misleading representations made in connection with the collection of a debt are prohibited by the FDCPA.

FDCPA Provides Recovery of Damages for False or Misleading Representations.

The FDCPA provides that any collection agency, such as J.R. Brothers in this instance, is liable to the consumer for money damages for making false or misleading statements or representations in order to collect a debt. Damages under the FDCPA include statutory damages of up to $1,000, plus actual damages resulting from the violation. They are also liable for court costs and attorney’s fees.   

Take Action to Stop Collection Harassment.

If you are being harassed or threatened by a debt collector or junk-debt buyer regarding a consumer debt, I can help.  Call Floyd W. Bybee at 480-756-8822


AuthorFloyd W. Bybee | Comment1 Comment |
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Wednesday
02Sep2009

Debt Collection Harassment and Abuse Top Complaints to State Attorneys General.

DateWednesday, September 2, 2009 at 02:01PM

The National Association of Attorneys General recently released their Top 10 List of Consumer Complaints for 2008, and Debt collection was number one.

The complete list is:
 
    1.    Debt Collection
    2.    Auto Sales
    3.    Home Repair/Construction
    4.    Credit Cards (tie)
    5.    Internet Goods and Services (tie)
    6.    Predatory Lending/Mortgages
    7.    Telemarketing/Do-Not-Call
    8.    Auto Repair
    9.    Auto Warranties (tie)
    10.    Telecom/Slamming/Cramming (tie)


Collection Harassment and Abuse Likely to Continue.

With the current economic struggles, Arizona consumers will likely continue to see increased collection harassment and abuse from collection agencies and junk-debt buyers. With fewer dollars in consumer’s pockets, collectors are resorting to more aggressive, abusive and threatening tactics to wrestle the limited money away from the consumer into their own pockets.

Report to Your State’s Attorney General.

If you have been subjected to collection harassment or abuse, you can report it to your own state’s attorney general. For you Arizona consumers, you can file a complant at the Arizona Attorney General's website.

Remedies Under the Fair Debt Collection Practices Act or FDCPA.

Remember, you also have the right to file suit against the abusive debt collector and recover damages under the Fair Debt Collection Practices Act or FDCPA.

If you are an Arizona debtor current being harassed or abused by a debt collector or junk-debt buyer regarding a consumer debt, I can help. I offer a free consultation. 

Call Floyd W. Bybee at 480-756-8822

AuthorFloyd W. Bybee | CommentPost a Comment |
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Tuesday
01Sep2009

Arizona Department of Financial Affairs Obtains Consent Decree Against Child Support Network, Inc.

DateTuesday, September 1, 2009 at 09:09AM

Child Support Network, Inc., an Arizona collection agency, recently entered into a Consent Decree with the Arizona Department of Financial Affairs, the regulator of Arizona collection agencies.  The Decree was the result of Child Support Network’s misrepresentation of available remedies to enforce collection of a child support order, including threatening jail time and suspension of driver’s license, continued contact with the debtor’s employer, and contact with the debtor’s father threatening jail time if the father did not pay the debt.

Since this debt was for child support, there would be no remedies under the Fair Debt Collection Practices Act or FDCPA — the FDCPA requires that the debt or obligation arise out of a transaction in which the money, property, insurance, or services are primarily for personal, family, or household purposes.  However, many of the tactics used by Child Support Network are regularly employed by third party collection agencies and by junk-debt buyers collecting on consumer debts and would violate the FDCPA.  

Stop Collection Harassment Today!

If you are being harassed or abused by a debt collector or junk-debt buyer regarding a consumer debt, I can help.  I offer a free consultation.  

Call Floyd W. Bybee at 480-756-8822

 

AuthorFloyd W. Bybee | Comment2 Comments |
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Monday
31Aug2009

Arizona Consumers Fall Prey to Credit Repair Organizations.

DateMonday, August 31, 2009 at 04:01PM

You probably have seen the signs staked in nearly every corner, or the ads in the newspapers or on the internet.  Promises to remove negative credit items, foreclosures, and even recent bankruptcies.  They are the “saviors” for those Arizona consumers who have had some bad times, and whose credit reports are not as clean as they would like.  Their promises sound tempting?  But is it legal?  NO!

These credit repair companies are regulated by federal law — the Credit Repair Organization Act or CROA.  Congress created the CROA because of the proliferation of companies promising to “clean your credit report” by use of fraudulent and illegal tactics.

Most of these companies prepare dispute letters for the consumer to send to the credit bureaus which contain false claims or misstatements of fact.  Their hope, and their gamble, is that the credit bureaus will be unable to verify the disputed items, and that they will fall off the credit report — at least for a while.  However, the account is usually verified and comes back on the report.  Again, these tactics are illegal.

The CROA prohibits these companies from:

•    making any statement which is untrue or misleading to any consumer reporting agency or credit bureau.

•    making any statement with the intended effect of altering the consumer’s credit record, history or rating for the purpose of concealing adverse information that is accurate and not obsolete to a credit bureau.

•    charging a fee or receiving any money for the performance of any service until the service is fully performed.

Credit Repair Companies Required to Give Notices of Prohibited Acts.

The CROA requires that the consumer be given certain disclosures, including what the company is prohibited from doing.  But, since they are not complying with any other aspect of the law, they typically do not give the disclosures either.  Again, this is illegal.

Accurate, Current, and Verifiable Credit Information Cannot be Removed from your credit report – legally!

Despite the promises, if the information on your credit report is accurate, current (generally meaning less than 7 years old, or 10 years for bankruptcy), and verifiable, then it cannot be legally removed.  To tell you otherwise, is a lie.  And, it is illegal to do so.

These organizations are also prohibited from advising a consumer to alter their identity to conceal adverse information that is accurate and not obsolete to any credit bureau, or to any lender.

Have you been Taken by a Credit Repair Company?

The CROA provides remedies for those consumers who have fallen prey to the false promises of a credit repair organization. Consumers are entitled to get their money back, recover any damages suffered, and have their court costs and lawyer’s fees paid.

If you are an Arizona consumer and think you have been a victim of credit repair fraud, please call Floyd W. Bybee at BYBEE LAW CENTER, PLC, (480) 756-8822. We offer free consultations for these types of cases.

AuthorFloyd W. Bybee | CommentPost a Comment |
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