by Paul MankinAboudi v. T-Mobile USA, Inc. Class Action Settlement – $2.5 Million
A proposed settlement has been reached in a class action lawsuit brought by Sayan Aboudi against T-Mobile USA, Inc. under the Telephone Consumer Protection Act (“TCPA”). The lawsuit alleges that T-Mobile violated the TCPA by using an automatic telephone dialing system or and artificial or prerecorded voice to place collections calls to cell phones without the prior express consent of Plaintiff and class members. T-Mobile denies any liability and denies that this case could be certified as a class action if it were litigated. More details on the settlement can be found at www.aboudisettlement.com. The class is represented by Paul Mankin of the Law Offices of Paul Mankin, Josh Swigart of Hyde & Swigart, Abbas Kazerounian of the Kazerouni Group, APC, and Todd Friedman of the Law Offices of Todd Friedman. T-Mobile USA, Inc. is represented by Kristine McAlister Brown of Alston & Bird LLP.
by Paul MankinHas Debt Collector or Creditor been Verbally Abusive to You?
A DEBT COLLECTOR MAY NOT VERBALLY ABUSE YOU.
Has a debt collector or creditor been verbally abusive to you?
Under the FDCPA, a debt collector may not be verbally abusive while attempting to collect on a debt. What exactly does “verbally abusive” mean?
For some debtor’s the verbal abuse they have experienced at the hands of a debt collector is clear. A message on the answering machine asking, ‘have you ever been raped?” or a collector for a funeral home telling the decedent’s family if they do not pay the bill, their loved ones body will be dug up and hung from a tree. But the verbal abuse does not have to go that far for the collector to violate the law.
Verbal abuse may include:
- Using obscene or profane language
- Yelling or screaming
- Calling you names
- Insulting you or saying anything meant to humiliate you
- Intimidating you in an effort to collect on the debt
This list is not all inclusive, and if you feel as if you have been verbally abused by a creditor or debt collector, you probably have.
If you believe a creditor or debt collector has been verbally abusive to you, please contact our office for a free, no obligation case review at 1-800-219-3577.
by Paul MankinWho is calling me from 1-800-356-3713?
Are you receiving harassing phone calls from 1-800-356-3713? This phone number belongs to A.C.A. Recovery, Inc., a collection agency located in Ridgewood, New Jersey.
Contact Information
50 E. Ridge Ave. #395
Ridgewood, NJ 07450
Phone: (800) 356-3713
Complaints filed with the Better Business Bureau (BBB) and across the internet allege that A.C.A. Recovery, Inc.’s customer service representatives use profane language, fail to identify themselves as debt collectors, and threaten to take legal action against consumers while calling to collect on debts. The Fair Debt Collection Practices Act (FDCPA) specifically prohibits debt collection agencies from failing to properly identify themselves and from using harassing or obscene language. Some other specific acts that are FDCPA violations include:
- Calling consumers before 8:00 a.m. or after 9:00 p.m.
- Falsely implying that a consumer has committed a crime or will be arrested for not paying a bill
- Using any language that the natural consequence of which is to make a person feel abused
- Threatening to take any action the collector does not intend to take
- Allowing a consumer’s telephone to ring continuously
- Calling consumer’s at work when they know the employer does not allow personal calls
- Contacting a consumer after being asked in writing to stop
- Failing to provide a consumer with basic information needed to verify a debt
The FDCPA prohibits debt collectors from using many other unfair, abusive, and deceptive collection practices and this list is not all inclusive of all the FDCPA violations.
If you are getting harassing phone calls from 1-800-356-3713 which violate the FDCPA, it is time they are held accountable for their actions. Please call our office at 1-800-219-3577, for a free, no obligation case review. We will also explain how to stop harassing phone calls.
by Paul MankinIs First National Collection Bureau, Inc harassing you?
First National Collection Bureau, Inc. is a debt collection agency located in Reno, Nevada. It has been in business since 1983 and also uses the name FNCB. The agency provides debt collection services to a variety of companies including the telecommunications industry, auto lenders, and credit card companies.
Contact Information:
50 W Liberty St STE 250
Reno, NV 89501-1973
Phone: (800) 824-6191
The Better Business Bureau (BBB) and Consumer Financial Protection Bureau (CFPB) report nearly 300 consumer complaints filed against First National Collection Bureau, Inc. in the last three years. Complaints allege that the collection agency:
- Failed to provide debt verification information
- Continued contacting a consumer about a debt after becoming aware that the consumer had an attorney
- Used abusive language when attempting to collect on a debt
- Continued calling a consumer to collect on a debt that did not belong to him
Reported false information to the credit reporting agencies
These are all violations of the federal Fair Debt Collection Practices Act (FDCPA), a law enacted to help protect consumers from deceptive, unfair, and abusive collection practices. Other specific practices the Act prohibits include:
- Calling a consumer before 8:00 a.m. or after 9:00 p.m.
- Falsely implying that a consumer can be arrested for not paying a bill
- Advertising a debt for sale in order to coerce payment from the debtor
- Attempting to collect fees that were not provided for in the original contract
- Continuing to call a consumer after being asked to stop contacting them
- Allowing a consumer’s phone to ring continuously in an attempt to annoy them
- Calling a consumer at work when it knows the employer prohibits this type of call
- Using profane, obscene, or abusive language
A number of the complaints filed against First National Collection Bureau, Inc. allege that the company is attempting to collect on a debt that is old and past the statute of limitations. While many companies will stop collection attempts once the statue of limitations has run out, they are still allowed to make collection attempts; they simply cannot sue you to collect on the debt. However, you may accidentally restart the statute by taking certain actions, so it is a good idea to consult with a consumer attorney before even speaking with a debt collector about an old debt.
If First National Collection Bureau, Inc. is using any unfair, deceptive, or abusive practices in order to collect a debt from you, it is time to hold them accountable for their actions. Please contact our office for a free, no obligation consultation at 1-800-219-3577.
by Paul MankinHas a debt collector or creditor threatened to have you arrested if you did not pay?
DEBT COLLECTORS AND CREDITORS ARE NOT ALLOWED TO THREATEN TO HAVE YOU ARRESTED IF YOU DO NOT PAY
Has a debt collector or creditor threatened to have you arrested if you did not pay?
You generally cannot be arrested for not paying a debt and since collectors are not allowed to threaten to do anything they are not legally able to do, they are not allowed to threaten to have you arrested for not paying. The FDCPA does not allow debt collectors to make false or misleading representations, and telling a consumer they could be arrested for not paying a debt is almost always blatantly false.
Debt collection is a civil process, not a criminal, one and debtors usually do not go to jail for not paying a bill. However, if you write a bad check and do not make good on it, it could become a criminal matter for which you may be arrested and charged. Unpaid child support and criminal fines, such as court costs, restitution, and fees resulting from criminal charges are also debts for which a person may be arrested for not paying. Another way a consumer might end up in jail after not paying a bill is to ignore a lawsuit and fail to appear in Court after being issued an order to appear.
Fake debt collectors have recently been threatening consumers across the country with arrest if they do not pay bills that do not even exist. These fake collectors oftentimes leave a pre-recorded message threatening to contact local law enforcement and have your arrested if you do not call them back immediately to make payment arrangements. The fake debt collectors are usually calling from a call center where incoming calls are answered with an automated system thanking you for calling the Internal Revenue Service or other law enforcement agency. When connected with a live person, the “debt collector” will then identify him/herself as “Agent Robinson” or use some other official title such as officer, to imply they work for a law enforcement agency. Law enforcement agencies do not double as debt collectors and will not telephone you to collect a debt. If you truly owe a debt to a government agency, such as the Internal Revenue Service, California Department of Revenue, or a local court, you will be contacted by mail.
If a debt collector or creditor has published threatened to have you arrested if you do not pay a bill, please contact us for a free, no obligation consultation at 1-800-219-3577.
by Paul MankinWhat types of debts are covered by the FDCPA?
The Fair Debt Collection Practices Act (FDCPA) applies to consumer debt incurred primarily for personal, family, or household purposes. This is basically any type of debt that was not incurred for business purposes and includes:
- Credit cards
- Home loans such as mortgages and home equity lines of credit
- Health care debt, including past-due bills for procedures, diagnostic testing, and rehabilitation
- Rental properties such as apartments and condominiums
- Utility bills, such as gas, electric, phone, internet, and cable services
- Car and other vehicle loans
- Student loan debt
- Internet loans
- Payday and cash advance loans
- Car title loans
- Retail financing such as furniture and appliance leases
In order for the debt to be covered it must be owed by a person and not by a business. So if you have a loan in your business’s name, it is not covered by the FDCPA. The debt must also be handled by a debt collector and not the original creditor to be covered by the FDCPA. However, in California, original creditors are governed by the Rosenthal Fair Debt Collection Practices Act (RFDCPA) which mirrors the federal FDCPA.
Debts that may not be covered are those that are not incurred voluntarily, such as income taxes, parking and speeding tickets, and domestic support obligations like child support and alimony, or spousal support.
If a debt collector or creditor is harassing or abusing you and you are unsure if they are covered by the FDCPA or RFDCPA, please contact our office at 1-800-219-3577, for a free, no obligation consultation.
by Paul MankinHow Long Does A Bankruptcy Stay On My Credit Reports?
Depending on the type of reportable credit event, the statutory reporting limit is either two years (credit history requests), seven years (missed payments; most public record items, such as court judgments; chapter 13 bankruptcy), or ten years (paid closed accounts; chapters 7, 11 and 12 bankruptcies). Bankruptcies are reported on consumer credit reports because they are credit-related (or debt-related) public records. The length of time a bankruptcy remains on a credit report depends on the type of bankruptcy.
A Chapter 7, 11 or 12 bankruptcy is reportable for ten years and a Chapter 13 bankruptcy is reportable for seven years from the date of filing in bankruptcy court. Chapter 13 has a shorter reporting time than other bankruptcy types because it requires at least partial repayment of the debts the filer is attempting to have discharged. In this way, a Chapter 13 bankruptcy is treated like any other non-payment or payment delinquency, which also has a reportable timeframe of seven years.
On the expiration of the reporting period for a specific bankruptcy, the bankruptcy and all discharged accounts should be deleted automatically. An account listed for discharge in the bankruptcy, however, may be removed prior to expiration of the bankruptcy’s reporting period or even prior to filing the bankruptcy altogether. Since the date for removal of delinquent accounts is based on the date of delinquency, the delinquency will fall off a credit report seven years after the delinquency and will not be renewed merely based on its inclusion in the bankruptcy.
If a consumer discovers that either a bankruptcy or any associated account remains on their credit report beyond the expiration period, the consumer can and should promptly open a dispute with any and all credit reporting bureaus—i.e., TransUnion, Experian, or Equifax—continuing to report the item(s). If the lingering credit item is an individual account or delinquency that should have fallen off either with or before an associated bankruptcy’s falloff, the consumer should be especially cautious in dealing with its removal.
Even if a debt has been discharged in bankruptcy, unscrupulous or underinformed creditors or collectors might use a debtor’s account inquiry or attempt at negotiating a credit report removal to justify re-aging the account. The fact that a debt is no longer collectible does not necessarily stop collectors from pursuing the a judgment on the debt or from using its presence on a consumer’s credit report to force undue payment. Thus, a debtor who knows or suspects a credit account item connected to a bankruptcy filing should have fallen off their report should file a dispute with the credit reporting bureau before attempting other methods of resolution.
by Paul MankinHow Long Does it Take to Settle a Claim Under the FDCPA?
A claim filed under the Fair Debt Collection Practices Act (FDCPA) is like any other lawsuit; there is no way to tell exactly how long it will take. While some lawsuits are settled quickly, others can drag on for months, and it all depends on the specific facts of the case such as the strength of the evidence and the collection agency being sued.
Strength of the Evidence
The strength of a debtor’s evidence can be a major factor in how quickly a case under the FDCPA is concluded. If the evidence is strong that the debt collector violated the law, the collector may chose to settle right away. For example, if a collector deposited a post dated check before the date on the check or mailed the consumer a postcard, it might be difficult for them to prove they did not violate the FDCPA. Conversely, if the consumer’s claim is based on profane or obscene language a debt collector used during an unrecorded telephone call, it may be more difficult to prove a violation and the collector may not be willing to settle outside of court.
Collection Agency Being Sued
Another factor that can affect how long a case under the FDCPA takes to settle is the collection agency being sued. Many larger collection agencies assume that at some point an employee will violate the law and keep a law firm on retainer for such instances. Attorneys for these agencies are experienced in FDCPA claims and can keep them moving along quickly, or if the evidence suggests that they should settle, come to fast agreement with the plaintiff. Smaller or new agencies may not have much experience with FDCPA suits and might take longer to decide to settle or drag out the case in an attempt to fight the claim.
How Can I Settle My Case Quickly?
If you believe that you have a claim under the FDCPA and wish to settle it quickly, the best thing you can do is hire an experienced FDCPA attorney. Not only can experienced counsel move your case to completion in a more timely manner than you might be able to on your own, but he or she can most likely get you a better settlement that may include monetary damages, court costs and attorney fees, cessation of collection attempts, and in some cases a waiver of the debt the agency is attempting to collect.
If a debt collector or creditor is harassing or abusing you, or of you have filed a lawsuit against one and think you may need any attorney, please contact our office at 1-800-219-3577, for a free, no obligation consultation.
by Paul MankinAuto Fraud: Did The Auto Dealer Run Your Credit With Multiple Finance Companies Without Your Permission?
When your credit is run by an auto dealer for the purpose of obtaining financing for the prospective buyer, it is rarely run for the purpose of determining whether to finance the purchase by the dealer itself. The standard practice is to take a prospective buyer’s single credit application and shop it around to various financial institutions to find the best financing terms for the consumer and the dealer.
If, in fact, a buyer attempts to obtain financing from a ‘buy here, pay here’ type of dealer—i.e., where the dealer finances the vehicle purchase itself—the dealer should not run the buyer’s credit with outside institutions. Conceivably, doing so in cases where the buyer expects or has reason to believe that financing will be handled by the dealer would be without the buyer’s knowledge. For dealers that do not provide their own financing, notice to the buyer must be made and permission from the buyer must be dully obtained before the dealer can run a hard credit check either on its own or through outside finance institutions.
If you discover that a dealer ran your credit through multiple finance companies without your permission, there are a few things to consider:
- If there are multiple suspicious hard credit checks on your credit report and you suspect they were connected to an auto purchase, it is worth double checking if there is any doubt. If any of the recent credit checks was run outside the main window when the bulk of the credit checks were run, it should be checked to ensure there was not an incident of identity theft.
- If you are surprised to discover multiple credit checks around the time you financed a vehicle, it is worth double checking the finance document fine print, front and back. Car shopping is a notoriously stressful event full of bouts of waiting and negotiating, all followed by a lot of tedious paperwork. There is an excellent chance a first-time car buyer will get to the end of the process, including securing financing and driving their new car off the lot, without understanding quite a bit of the process that just took place. The buyer most likely was told their credit would be shopped around, and they most likely signed or initialed next to a written notice, affirming their awareness and consent to the multiple credit runs.
- If, however, there is nothing in writing and you do not recall anything about the dealer shopping your credit around, the dealer might well have violated the law. As such, you can and should confirm the dealer’s actions and report the dealer to the DMV. Reporting the dealer for its unlawful business practices does not necessarily confer any direct benefit on the reporter, but it can create or contribute to the buyer’s records on the matter and it can potentially bolster an administrative action penalizing the dealer and forcing it to correct its bad practices.
If multiple credit checks were performed without your knowledge, you can, of course, discuss potential recovery options with an attorney. Before considering whether to pursue legal action, however, you should check to see whether there is any actual damage. When credit is shopped around by, say, an auto dealer, the multiple runs are generally treated as a single credit check for the purpose of calculating your credit score. Assuming you intended to finance your new vehicle and expected or reasonably should have known your credit would be run at least once, there is likely no “cost” in terms of credit score calculation and, thus, no actionable damage.
For a better idea of your specific recovery options, consult with a consumer auto fraud attorney as soon as you suspect a problem.