by Paul MankinBest Ways to Stop Call Harassment from Comenity Bank’s Victoria’s Secret Angel Credit Card
While you may have been enticed to sign up for the Victoria’s Secret credit card, called the Angel Credit Card, you might not be so happy with the devilish tactics used by the bank that backs these cards. Comenity Bank offers credit card financing to retail stores like Victoria’s Secret and others. When consumers fall behind on their credit card payments, it encourages debt collectors to call consumers repeatedly in hopes to collect payment on unpaid balances. However, if these collectors violate federal laws, these collection attempts may rise to the level of harassment.
The web is full of consumer complaints of “Comenity Bank calling me,” but you can take action to stop harassment from debt collection agencies. Here is what you need to know about your rights regarding Victoria Secret’s credit card collections.
Stop Victoria’s Secret harassing phone calls
Comenity Bank and Victoria’s Secret Collections
If Comenity Bank keeps calling you, know that you are not alone. Members of the Victoria’s Secret community report receiving Comenity Bank phone calls over the last several years. They report that they have received phone calls from numbers that keep changing and sometimes even receive text messages from people purporting to be Comenity Bank or its agent.
Some consumers say Comenity Bank harassing phone calls are made to them ten times or more a day. Others report Comenity Bank’s Victoria’s Secret collectors are rude, condescending, and nasty. Some have even reported that debt collectors call their family members or threaten to send the account to an attorney.
While creditors may be legally able to contact you to pay your Victoria’s Secret card, there are limits to what actions they can take. There are two primary laws that can protect you against Comenity Bank’s Victoria’s Secret collections: The Telephone Consumer Protect Act and the Rosenthal Fair Debt Collection Practices Act. Here is what you need to know about these laws and how they may assist you with resolving harassing Victoria’s Secret debt collection actions.
Protections Provided by the Telephone Consumer Protection Act
When you signed up for your Victoria’s Secret credit card, you likely did not believe that you would then be the recipient of numerous unwanted calls. If you find yourself in this situation, know that there are federal laws that can protect your privacy rights.
The Telephone Consumer Protection Act regulates telemarketing calls, robocalls, auto-dialed calls, text messages and the transmission of unsolicited faxes. The Federal Communications Commission has the authority to establish rules and regulations related to this law.
Unless you give express consent otherwise, the Telephone Consumer Protection Act requires telemarketers to:
- Refrain from calling homes before 8 a.m. or after 9 p.m.
- Identify themselves and the name of the company they are representing
- Maintain a company-specific do-not-call list and honoring it when consumers request to be placed on it
- Honor the National Do Not Call Registry
- Refrain from making calls to residences by using an artificial voice or a recording
- Not send unsolicited advertisements over fax
- Receive consent before calling a person’s cell phone
Knowing your rights under the Telephone Consumer Protection Act can help you exercise them if they are violated.
Your Rights Under the Rosenthal Fair Debt Collection Practices Act Tips to Stop
Because there is a legal distinction between a telemarketer and a debt collector such as Comenity Bank for Victoria’s Secret, it is also important to understand your rights under the Fair Debt Collection Practices Act.
This sweeping federal law prohibits debt collectors from using abusive, unfair, or deceptive practices to collect debts. It imposes potential civil penalties on companies that violate these rules. Debt collectors are prohibiting from doing any of the following in the collection of debt:
- Threatening you with physical violence or harm
- Lying about the debt you owe
- Lying about who they are
- Using obscene or profane language
- Repeatedly using the phone to annoy you
- Claiming you will be arrested or sent to “debtor’s prison” if you do not pay the debt
- Engaging in unfair practices, such as charging extra fees you do not owe or taking your property without due process
One major limitation of the federal Fair Debt Collection Practices Act is that it only applies to debt collection agencies, not original creditors. Therefore, companies like Comenity Bank may be able to legally engage in such actions if they are considered the original creditor and not a debt collector. However, if the original creditor assigned the debt to a third party, the third party would have to abide by these rules.
California’s Rosenthal Fair Debt Collection Practices Act extends the legal obligations of debt collectors to original creditors. Therefore, if Victoria’s Secret Comenity Bank would not ordinarily be subject to the federal Fair Debt Collection Practices Act, it will be when dealing with consumers in California.
Under the Rosenthal Act, creditors cannot do any of the following:
- Use or threaten to use physical force against you
- Threaten criminal action against you, your property, or your reputation
- Lie that you have committed a crime by not paying the debt
- Make or threaten to make false statements about you to someone else to damage your reputation
- Threaten to have you arrested for not paying the debt
- Threaten to garnish your wages or seize your property when it has no intention to do so
- Use obscene or profane language
- Misrepresent themselves or not say who they are
- Call you repeatedly just to annoy you
- Call you excessively to the extent that it is considered harassment
- Reveal information about your debt to your family other than your spouse
- Publish your name in a public-shaming list for failing to pay the debt
- Contact you if you have a lawyer who has sent notice to them of the representation
In addition to prohibiting certain conduct, the Rosenthal Act requires creditors to take certain affirmative actions, including:
- Inform you if the statute of limitations has passed – If the legal timeline to collect the debt, known as the statute of limitations, has passed, the debt collector must provide you with written notice to this effect.
- Respect the judicial process – Debt collectors must serve you with notice if they file a lawsuit against you. They also cannot attempt to collect the debt if they know you have not been properly served. Also, the creditor can only sue you in the county where you lived, incurred the debt or currently live. The collector cannot file a lawsuit against you for a time-barred debt.
How to Stop Calls from Comenity Bank
If you have received Comenity Bank phone calls that you believe violate one of the laws above, you can take steps to stop these harassing calls. Here are the steps you can take to protect your rights:
- Ask for more information – Ask the caller their name, the business they represent, their business address and phone number and any identifying information such as a representative number.
- Revoke any prior consent – If you previously consented to afterhours calls or to be contacted on your cell phone, revoke this consent.
- Ask to record the call – You will often hear that the call is being recorded for quality assurance. Ask the representative if you can make your own recording of the call for your own records. In some states, it is legal to record calls while in others, you need permission. This step covers your bases either way.
- Request no further calls – Explicitly request that the representative add your name to the do not call list.
- Add your name to the National Do Not Call Registry – You can do this by calling 888-382-1222 or visiting donotcall.gov and walking through the steps.
- Write a letter – You can also write a letter and sent it by certified mail, return receipt requested to establish that you do not want any further contact. Debt collectors generally then only have the right to contact you to notify you that the matter has been turned over to an attorney, to notify you that it is suing you or to verify the debt upon your request.
- Consider legal action – If you continue to receive harassing phone calls or other unsolicited communications, consider taking legal action. If a business violates the Telephone Consumer Protection Act, you may be able to sue for up to $500 for each violation or recover any financial losses you suffered because of the violations. If the violation is willful, you may be able to sue for up to $1,500 per violation. You may also be able to get a court order that requires the business to stop contacting you or violating the Telephone Consumer Protection Act. Fair Debt Collection Practices Act violations can result in a penalty of $1,000 per violation.
How We Can Help You with Harassing Communications from Comenity Bank or Victoria’s Secret
If you are receiving unwanted solicitations or debt collection calls from Victoria’s Secret or Comenity Bank, we can help put a stop to these harassing calls. We can assist you with your Victoria’s Secret credit card debt collection case, notify the creditor to stop harassing you and discuss your options regarding potential financial recovery. Feel free to call us at 1-800-219-3577 or complete the form on this site for a free no obligation case evaluation. We handle cases nationwide.
by Paul MankinCan a debt collector contact me after the statute of limitations has passed?
Yes, a debt collector can contact you after the statute of limitations is up. This is because the statute of limitations on debt collection only limits the amount of time a creditor or debt collector has to sue you in an attempt to collect on the debt; it does not limit the amount of time they have to attempt to collect the debt in other ways.
What Can a Debt Collector Do to Collect on a Time Barred Debt?
Once the statute of limitations on debt collection is up, a creditor or debt collector is time barred from suing you in order to collect on the debt. The statute does not apply to other attempts to collect, such as:
- Sending you bills
- Calling you and asking for payment
- Accepting payments on the debt
- Mailing you collection letters
These collection attempts are still subject to the Fair Debt Collection Practices Act (FDCPA) and may not violate any of the Acts provisions.
The FDCPA and Collection Attempts on Time Barred Debt
The FDCPA is a federal law that was passed in 1977 in order to help protect consumers from unfair, deceptive, and abusive practices by debt collectors. The Act prohibits a number of particular collection practices and leaves it up to the Court to determine if other practices, not specified by the law, are covered prohibited practices. Some of the things that a debt collector may do when attempting to collect on a debt after the statute of limitations has expired which violate the FDCPA include:
- Implying that not paying the debt may result in arrest, garnishment, or seizure of your assets
- Threatening to file a lawsuit if the debt is not paid
- Misrepresenting the legal status of the debt
- Falsely indicating that the sell or transfer of the debt will result in your loss of any legal defenses to payment of the debt
- Sending you documents made to look like they were issued by a court or other government agency
These are all prohibited collection practices commonly employed by debt collectors when a lawsuit is impractical, not financially feasible, or time barred by the statute of limitations in an attempt to then bully or scare you into paying the bill since legal action is no longer an option.
What to do if a Debt Collector Contacts You After the Statute of Limitations is Up
Depending on your state’s statute of limitations on debt collection, anything you say or do concerning a debt may start the time limit the debt collector has to sue you all over again. Therefore, you should be very careful when dealing with time barred debt. What you should do depends on how the debt is affecting your credit and if the debt collector’s actions are in violation of the FDCPA. An experienced consumer protection attorney can help you with this.
If a debt collector is attempting to collect a debt from you and the statute of limitations is up, please contact our office at 1-800-219-3577, for a free, no obligation consultation. We can help you determine the best course of action to stop the harassment, settle the debt, repair your credit, and possibly get the collector to pay you money.
by Paul MankinWhat to do if you are injured in a San Diego slip and fall accident?
Moving through day to day activities is generally a mindless activity. You get up, you work, and then you do your extra activities, and head home. Nothing out of the ordinary, and it is ingrained into you fairly quickly and easily.
However, there are times where accidents can occur. A simple box out of place, a container left open to spill, and many others can cause the floor to become slippery, or for the safety of the floor to be compromised. In these situations, your regular day to day activities can be abruptly stopped due to a San Diego slip and fall accident. In these cases, it can be scary and disorientating to figure out what to do next. Here are the steps you should take when you know you have had a slip and fall injury due to negligence and cause of the property owner/managers.
Steps to take when dealing with a San Diego slip and fall injury
Inspect the scene of the incident
Inspecting the scene of the San Diego slip and fall incident can help everyone, as well as yourself, gain better insight as to why the accident occurred. Things such as an out of place piece of tile, a spill that wasn’t properly labeled and sectioned off, or a lack of proper safety retainings, can all be probable causes of a San Diego slip and fall accident.
This is also important, as identifying what the cause of the accident is the first step to building your case.
Gather any important evidence
Gathering evidence is key to ensuring that your case stays afloat. This can be seen in many ways, and includes, but is not limited to:
- Photographs and pictures of the slip and fall scene.
- Medical documents and reports
- Eyewitness accounts
- Video and documentation of the incident
These can all be found and asked for through various means. Photos and pictures can be taken at the time of the injury through the usage of items such as cell phones and cameras of the place in question. Medical documents and reports can be gathered from the hospital or emergency room that you visited for your checkups. Eyewitness accounts can be asked for from the bystanders, whether immediately after the accident, or later on during the proceedings. However, it is advised that you gather eyewitness accounts earlier, as the later the time you ask, the more the testimony can become obscured. Videos and documentations of the incidents can come in the form of security cameras and on-site staff reports that may have to be written for a superior. These can all be asked for as well.
Get medical attention
This goes for both directly after the incident has occurred, and later on, as you get proper checkups in a timely fashion. Receiving medical attention directly after the incident is a given. If you slipped and fell from a two story house, you may need to be checked up for lacerations, fractures, or internal injuries. Some may be quite visible, like a broken arm, or some may be more the internal factor, such as injured ribs or lungs.
However, medical attention down the road may be necessary as well. Injuries such as traumatic brain injuries, or a loss of vision and basic sensory functionality, may only show symptoms later on as it starts to take hold of your body. In these situations, if it can be tied back to the slip and fall occurrence, then you may be able to be compensated for the injury as well, even though it started to show symptoms much later into the process.
Hire an San Diego slip and fall lawyer as soon as possible
Once medical attention has been given, and you have sufficient evidence to warrant a claim for compensation, hire an experienced and professional San Diego slip and fall lawyer. Having an experienced slip and fall lawyer will not only provide you a link to professional resources and information, they will also be able to protect you in other ways.
They are able to help to file and document any and all information that you may have. This includes getting written reports in order, weeding out any complicated jargon and legal issues, and will help you to estimate and understand what a claim case may entail, and what you may go up against.
Do not communicate with other parties directly
After a slip and fall accident, and during the period that you make your claim and fight for it in court, you must do your best to stay away from contacting and communicating with the other parties involved directly. This is because, for someone that may not know the laws as well, any advantage that they may find, they will attempt to use.
Instead of speaking with them directly, let your slip and fall lawyer speak on your behalf. This includes any and all negotiations, as well as any scheduling and legal proceedings. Your attorney knows what kinds of questions and answers to give out that will not give away too much information to the parties involved, keeping you and your case fairly active.
Keep written records of events
The final thing to do when you are involved in a slip and fall case is to keep a written record of all events that transpire. This includes dating the incident, dating your first medical checkup, as well as who you went to, and what they did. Keep a written log of who you visited, and who you talked to, as well as what you talked about. This will help you keep track of the events that go on, and ensure that no one will be able to tell you differently, since you have been doing it day to day.
If you were injured in slip and fall accident, feel free to call us for a free case evaluation. We are experienced San Diego slip and fall lawyers who want to help you. You can reach us at 1-800-219-3577
by Paul MankinDo I owe a bill if it is not listed on my credit report?
Has a collection agency contacted you claiming you owe a bill you do not remember incurring and that does not appear on your credit report? Many unpaid bills will not appear on your credit report until after they have been turned over to a collection agency and some will never find their way onto your report.
When an Unpaid Bill Will Appear On Your Credit Report
When an unpaid bill appears on your credit report is basically up to the creditor to whom you owe the debt or any collection agency the original creditor hires to collect on the unpaid balance. Many creditors never report unpaid accounts to the credit reporting bureaus. Creditors unlikely to report anything at all on your credit report include:
- Local utility companies
- Insurance companies
- Small local businesses and trades people, such as plumbers, electricians, and accountants
- Landlords
- Credit Unions and small financial institutions
Other creditors may begin reporting an account as delinquent as early as 30 days after payment in full has not been made, may wait until the account is seriously past due to report anything, or may never report the account delinquency to the credit reporting agencies at all. Debt collectors, on the other hand, may begin reporting a past due account to your credit report as soon as they are hired to collect on the account or may attempt to collect on the debt for any number of days or months before reporting information about the account. Reporting information to the credit bureaus is completely voluntary and no creditor or debt collector is required to report anything at all. However, a debt collection agency is very likely to report a past due account on your credit report, as they use this as a way of getting you to pay the bill.
How to Determine if You Owe a Bill a Debt Collector Says You Do
Checking your credit report to see if the past due bill appears on it is not a good way to determine if you owe a bill, as it may simply have never been reported to the credit reporting agencies. In order to determine if you owe a bill that a debt collector says you do, you should:
- Ask the collection agency to send you debt validation information. This information should include the name of the original creditor, the amount of the debt, and legal notices about disputing the debt. Once you receive the information, you have 30 days to dispute the debt and request the name and address of the original creditor.
- Send the collection agency a simple letter saying that you dispute the debt and are requesting the name and address of the original creditor. Be sure to do this within the 30 days. The agency must then provide you with verification of the debt, such as a written contract or judgment, and the name and address of the original creditor.
- Contact the original creditor and ask what the debt is for, when it was incurred, and to verify your name, address, date of birth, or any other information they may have to help you determine if the account belongs to you and if it is in fact past due.
What to do if You Do Not Owe a Bill a Collection Agency Says You Do
If you determine that you do not in fact owe the bill that the collection agency says you owe, what you should do next depends on why you do not owe the bill.
You Paid the Original Creditor and Should Not Have Been Turned Into Collections
If you already paid the original creditor and the bill should not have been turned over to a collection agency, you will need to prove to the collection agency that the debt has been paid. The easiest way to do this is to contact the original creditor and get them to agree that the bill was paid and to notify the debt collector that they should stop collection attempts against you. In order to do this, you may need to provide proof of payment, such as cancelled checks, bank or credit card statements, and/or copies of bills the creditor previously sent you showing the balance as paid. If the creditor does not agree that the bill has been paid and allows the collection agency to continue collection attempts, you can try to submit evidence of payment to the agency, although as long as the original creditor claims you owe the bill, a debt collector is unlikely to stop trying to collect on it.
The Bill Belongs to Someone Else
If you are not the person who incurred the charges that the collection agency is attempting to collect, you should explain this to the agency and then cooperate with them by completing any forms they request or providing any information you can in order to prove that you are not the person who owes the bill. If the debt is a result of identity theft, you may also want to see What To Do If You Are The Victim of Identity Theft.
Your Health Insurance Company Should Have Paid the Bill
When a debt collection agency is attempting to collect on a medical bill that your health insurance company should have paid, it will do you no good to argue with the agency or even explain to them that your insurance should have paid the bill. Debt collectors are hired by original creditors to collect whatever amount the creditor claims is owed and have no authority to contact an insurance company about payment of a bill. Therefore, you will need to work out payment of the account with your healthcare provider and insurance company and then ask the provider to inform the collection agency that the bill has been paid and collection attempts should stop.
I Do Not Owe a Bill, But the Collection Attempts Will Not Stop!
If you have determined that you do not owe a bill that a debt collector is attempting to collect and have done everything you can to prove to the original creditor and the debt collector that you do not owe the bill, but it isn’t working, you can try filing a complaint with the Consumer Financial Protection Bureau (CFPB). The CFPB is a federal government agency created to help protect consumers from unfair and abusive practices of financial institutions such as banks, credit card companies, and debt collection agencies. The CFPB will forward your complaint to the collection agency and ask for a response. This may convince the debt collector to investigate your claim more thoroughly and close the account as paid or not owed. You can file a complaint online by visiting the CFPB’s File a Complaint web page.
If filing a complaint with the CFPB does not resolve your issue with the debt collector, you may need to consult a consumer attorney to help you stop the harassment and possibly even get you money from the collection agency. If you live in California and are being harassed or abused by a creditor or debt collector please contact our office at 1-800-219-3577, for a free, no obligation consultation.
by Paul MankinHow hospitals should familiarize patients with the environment to prevent slip and fall injuries?
As many people know, slip and fall cases can be quite a nasty detail. If it is on someone else’s property, the property owner may look for any way to disregard the event and not have to pay out. In terms of the victim, they may seek financial aid due to ensuing injuries they may have sustained through the slip and fall case that was seen as caused by the property owner.
This is especially true within a hospital setting, where accidents may be a bit more prone to occurring due to the nature of the visitors and patients that are often there. As such, it is imperative that hospitals and hospital staff look to properly safeguard themselves against these types of slips and falls, and work to prevent them from happening in the first place.
What is a common Slip and Fall Case?
Slip and fall incidents are fairly common within the workplaces. Whether you work within an office building, a warehouse, or in the open fields or marketplaces, danger is always present. Unintended accidents and unlooked after problems may result in you being subjected to dangerous situations.
Slip and fall incidents occur when these dangerous situations are not taken care of in an impromptu manner. If someone that either working or visiting the building happens to trip, slip, or become unbalanced and injured due to this hazard, it would be classified as a slip and fall case.
Difference in a Hospital Slip and Fall?
Although this can be said to be the same for any incident involving a slip and fall in any facility owned by someone, a slip and fall within a hospital or medical facility can be extremely dangerous. This is because most residents or visitors to hospitals are already vulnerable and somewhat fragile to begin with. The most prominent type of person that would be prone to a slip and fall would be an in-patient resident who needs to stay overnight at a hospital. They may be in for a short-term or long-term care process, and would be a bit more susceptible to a crack or split in the walking surface.
There is also a specific type of slip and fall case that is not seen in most regular workplaces. These are the slips and falls caused by a misdiagnosis or malpractice on a doctor’s part. These can be especially dangerous, as they are often done in a somewhat understood manner. If a patient or visiting patient is diagnosed improperly, and given many types of medicines that may cause drowsiness and unstable walking, while they are already unstable to begin with, this can lead to much higher rates of a potential slip and fall case.
A medical slip and fall can also occur when a patient has improper care facilities around them, depending on their level of co-dependency and symptoms. For instance, if a patient is misdiagnosed, and seen as more fit than they are, nursing staff may see it fit to not leave proper walking ambulators for the patient to use. This may result in a slip and fall case, which would be seen as the staff’s fault.
Steps to Prevent Slip and Fall injuries
Preventing a slip and fall incident can be a matter of life or death in some cases. As a slip and fall can lead to traumatic brain injuries and permanent fractures, it is important that hospitals properly warn and assist patients in navigating their way around the facility that may be their home for the next few days or weeks. Here are just some ways that hospital staff would be able to do this.
Thorough review of facility map
When a patient first is introduced to the facility, it is helpful that the patient be fully introduced to the rooms and building quadrants that they may be making their way around to. For this reason, having a floor map available for them can allow them to not get lost and end up in an unnecessary area. Walk the patients through the main facility rooms that they will need, such as restrooms and examination rooms. Let them know where there are uneven surfaces, and map out specific routes for them to take
Properly point out any immediate or short-term issues
If a mishap occurs, and a portion of the facility is broken or slightly damaged, notify all patients and visitors immediately. If some tiles have become unrooted from the floor, or there is a massive crack in the sidewalk, informing patients quickly will help them avoid that particular hazard while it is taken care of by hospital staff. A secondary measure would be to properly erect any physical signs necessary to deter patients from entering the hazard area.
Give a slight tour of the facility
If possible, it may be helpful to physically guide patients through the facility for a short period. This would entail having a staff member walk them through the pathways that they would need, such as the routes to the restrooms and exam rooms. Physically walking them would ensure that they have traversed that route, and not have to walk it blindly for the first time, as that would increase te risk of a possible slip and fall case.
by Paul MankinHow do hospitals help prevent patient slip and fall injuries by placing a hospital bed in the appropriate position?
Being at the center of a slip and fall case is never an easy situation. On the one hand, many feel as though it will be partially their own fault and that they should have been able to prevent it. On the other, they may feel that the facility in question is to blame, yet have no way to prove it.
Slips and falls in hospitals are an extreme case at points. However, they do occur, and should be prevented. A patient should not have to worry about a chance at slipping when they are a patient at a hospital simply attempting to get out of their bed, should they? Here are essential practices to help prevent possible slips and falls from occurring through appropriate hospital bed positioning and management.
What is a Slip and Fall?
In most cases, a slip and fall occurs when a person, worker, or a visitor slips and falls on the premises of a facility or area owned by another. A case of a slip and fall will usually appear if the person that fell sustained minor to major injuries, and must be taken care of through a hospital, or need treatment of some sort.
Slip and fall cases are generally seen within workplaces, such as a warehouse or office space. However, they do have a chance of occurring within hospitals, as well as other medical facilities. These slips and falls can be due to numerous reasons, such as a patient being physically and mentally unstable during their stay, or a minor error in diagnosis, leaving them in a vulnerable state. In most cases, though, a patient that is injured in a slip and fall incident will look to claim for damages and injuries sustained on the hospital grounds.
Slips and Falls due to Hospital Beds
One such reason a slip and fall may occur is due to hospital bed positioning, and improper usage of the hospital beds. Hospital beds are extremely common in hospitals, as they are used for patient comfort and safety. Usually well-designed, these beds come with many functions that allow them to be used to either move the patient quickly and efficiently, as well as be stable for patients to move or shift around on.
The dangers of a hospital bed slip and fall can be disastrous, however. Since the hospital beds are slightly raised off the ground, normally by a few feet, it can create a potential hazard for the patient if they were to roll off, or if not dismounting the bed properly.
There are also dangers with the bed if the staff and other members of the hospital do not take adequate care of the beds. This may result in an accident occurring in the heat of the moment, or due to a lapse in judgement on a staff member’s part.
Prevention of slip and fall injuries through Appropriate Positioning
To help prevent slips and falls from occurring with hospital beds, it is important to work on proper positioning and stabilization of the beds when in use, as well as out of use. As they are essential in the care process with a patient, here are some ways to improve a patient’s quality of life, as well as decrease the likelihood of a slip and fall occurring.
Routine inspections of Beds
The first step to decrease risk is to ensure that the beds are of sound quality, and in proper condition. Inspecting beds on a regular basis, perhaps daily or weekly, will allow staff and workers to find any possible weak points or flaws in a bed that could create a hazard later on down the road. Ensuring that a bed does not have unstable handrails, or that a bed’s electronic rotating/moving parts are fully functional, can prevent issues from occurring long-term.
Tailor Positions to the Patient and Activity
Depending on what the patient is doing, it is important to adjust accordingly. If the patient is about to go to sleep, maybe a full parallel to the ground is necessary, or a minor incline of the upper body is necessary. If the patient is up and attempting to be a bit more active, it may be important to leave the bed at a 40 degree incline to assist the patient in seeing and looking around.
Lowering or raising the bed is also a priority. If the patient is on the shorter side, lowering the bed to a manageable height will help to reduce anxiety for the patient. This will also allow them to be more independent without the risk of injury. The same can be said for those on the taller side as well. Proper bed height positioning can ease the burden off of a possible accident.
Lock Bed when In the Room
If the bed is not being moved or pushed to and from the room, it is important to lock and stabilize the legs. A shifting bed, at any point, can be seen as a hazard, as patients are likely to shift the bed if they attempt to get up or get out. Making a habit of locking the wheels when the bed will be stationed within the room for an extended period of time ensures that the patient will have a stable footing to push against if they do attempt to get up and about. It will also prevent any collateral damage from occurring, as the beds may collide and crash into other objects within the room if not secured properly.
by Paul MankinHospital Slip and Falls are “Never Events”
Hospital accidents can happen without warning, and in many different scenarios and situations. Having these situations befall you as a possible patient can lead to severe harm, especially if you are in a current frail state physically. These events can ride the fine line of a potential legal claim, with a simple accident extending your hospital stay.
One such type of hospital accident is known as a “Slip and Fall” event. These can be dangerous for multiple reasons, both physically and legally. With how easily they can occur, as well as how seemingly simple and unrelated they can be, you may find yourself victim to such an event any time you visit a hospital. If you are caught in a Slip and Fall event, it is important to know how to defend yourself and gain proper compensation for the accident.
What is a Slip and Fall?
So, what exactly is a Hospital Slip and Fall accident? True to the name, it is an accident that occurs when someone that is in the hospital slips within the hospital grounds, and injures themselves. This can be due to any number of reasons, from the floor being slick from just being mopped, to remnants of dropped hospital equipment by an unaware nurse. No matter the reason, it is still a slip and fall accident.
These can have serious effects depending on the situation. They can range from simple bruises and scratches, to full blown broken bones, neck and back injuries, or even brain injuries that may require extensive help and recovery.
Who can get Injured?
Although it may seem like people that are current patients at the hospital in question are the only ones that are able to be considered for a Slip and Fall case, that is not the case. The injured can be someone that is a current patient at the hospital in question, someone that is at the hospital visiting a patient, or even someone that is currently there for a business meeting or gathering.
This extends to anyone, young or old. There is no age limit on a possible case of a slip and fall injury.
Difference in Cases
Depending on what your status is with the hospital, different case types may arise. The status of which you are in at a hospital are positions such as visitor or patient. For instance, if you are simply a visitor at the hospital, and you were to happen to slip and fall, you would have a chance at claiming negligence by the hospital. For these to be given thought, the person injured by the fall would need to prove that the fall was indeed due to negligence on the side of the hospital. Some examples of negligence would be a spill in the hallway not being properly cleaned, or an unsecured piece of wiring that was not reported to staff.
A patient may also be eligible for a negligence claim if the slip and fall was due to the hospital’s problems and lack of attentiveness. However, there may also be the possibility of a malpractice claim if the fall was due to improper care by the medical staff at the hospital. Some examples of this scenario would be a misdiagnosis of a problem that leads to a lack of proper medical equipment being provided, or cases of multiple medications being improperly prescribed which, when taken at the same time, can lead to dizziness or unsteadiness on their feet. If the development can be linked to any improper medical diagnosis by medical staff, then there is potential for a malpractice lawsuit to be claimed.
Hospital Rebuttals and a “Never Event”
Even if you have a Slip and Fall accident at a hospital, however, there is the chance that your case may be labeled as a “Never Event”. Never Event Slip and Falls in a hospital come about when an accident occurs and there was sufficient evidence to suggest that a fall might occur. Most medical facilities will claim that there was sufficient evidence of prior knowledge that the falls were preventable and confirmed, such as adequate signs and proper warning labels in and around the hospital grounds.
Due to this, the Department of Health and Human Services (DHHS) of the United States tends to label patient falls within hospitals as “Never Events”, meaning that they should never happen if staff of the hospital follow all of the fall risk protocols and other such precautionary steps.
Why is this Important?
The importance of understanding the definition of a “Never Event” can be the deciding factor in whether or not a fall in a hospital results in a claim of negligence against the hospital, or if a malpractice claim against the hospital goes through. The clue is in the wording, as understanding the definition and situations that arise for a “Never Event” to be classified can help you figure out if your case would even have leverage and proper footing to be put through to a court room.
If you feel like your slip and fall at a hospital falls under a negligence or malpractice reason, make sure to reach out and contact an experienced lawyer to assist you in your case.
by Paul MankinOwner Resource Group Purchases Debt Collection Agency
Owner Resource Group is a private investment firm located in Austin, Texas. In 2016 the company acquired GC Services, one of the country’s oldest and largest providers of call centers and debt collection services. The collection agency collects for a wide range of businesses and government entities, including utility companies, credit cards, retailers, and mortgage companies. It has been in business since 1957 and has more than 20 locations and 8,000 employees.
Since GC Services’ purchase by Owner Resource Group, it has had a handful of lawsuits filed against it for violating the Fair Debt Collection Practices Act (FDCPA), a federal law enacted by Congress in 1977 to help protect consumers from unfair, deceptive, and abusive collection practices. Consumers have also filed several complaints with the Better Business Bureau (BBB) and Consumer Financial Protection Bureau (CFPB).
Complaints Against Owner Resource Group’s GC Services
Since Owner Resource Group’s purchase of GC Services, the collection agency has had over a dozen complaints filed against it with the BBB and CFPB. These complaints allege that the debt collector violated the FDCPA:
- Continued to contact a consumer after being asked in writing to stop
- Failed to provide consumers with debt validation information
- Reported false information to the credit reporting agencies
- Contacted third parties about a consumers debt
- Continued contacting consumers after being told repeatedly they had the wrong person
- Contacted consumers at work when they knew the employer did not allow that type of call
- Attempted to collect fees not authorized by the original contract
Many of the complaints also allege that the debt collector refused to honor payment arrangement agreements and failed to report accounts as disputed on consumers’ credit reports.
Law Suits Against Owner Resource Group’s GC Services
In October of 2016, both GC Services and Owner Resource Group were sued by an Indiana resident for falsely informing her in a collection letter that a dispute of the debt must be in writing, when an oral dispute is valid under the FDCPA. In June of 2017, the court found that the law “plainly does not impose a writing requirement” when disputing a debt. The lawsuit was certified as a class action suit by the court in July of 2017 and has not yet been concluded.
In 2017 a complaint was filed by the Federal Trade Commission (FTC) in federal court in the Southern District of Texas. The FTC alleged that GC Services left voicemail message that disclosed information about consumers’ student loan debts to third parties and called consumers multiple times after being told they had the wrong person or the wrong number. The collection agency settled the lawsuit, agreeing to pay $700,000 in civil penalties.
Another lawsuit against GC Services was filed in Michigan in 2018, alleging that the debt collection agency violated the FDCPA in its attempts to collect on debts owed to the Michigan Treasury Department for back taxes. The letters contained the state of Michigan seal, a state of Michigan email address, and included a physical address is in Lansing, although the company is located in Texas. Under the FDCPA, a debt collector cannot falsely imply that is it affiliated with any government agency, which the letters clearly did. The complaint also alleges that the debt collection agency’s letters demanded payment within 10 days and threatened to levy consumers’ property and/or garnish their wages if payment was not received. The lawsuit has not yet been settled.
In December of 2018, a proposed class action lawsuit was filed in Texas alleging that GC Services’ failed to disclose in a collection notice that the consumer’s American Express debt was incurring interest and fees. The complaint says that this is an unfair, deceptive, misleading, and unconscionable way to collect on a debt and caused the Plaintiff to be unable to prioritize paying her debts properly, causing her damage. The suit is still ongoing and no settlement agreement has been filed or decision issued.
If Owner Resource Group or GC Services 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 case review at 1-800-219-3577.
by Paul MankinPNC Bank Accused of Assisting in $85 Million Fraud Scheme
A federal lawsuit filed in June of 2019 in Florida’s Southern District court alleges that Jeremy Lee Marcus used PNC Bank accounts to run a fraudulent debt relief scheme that bilked consumers out of $85 million. Marcus used over a dozen business names, including 321 Loans, Helping America Group, Instahelp America Inc. and Financial Freedom National Inc., 142 internet domain names and 440 direct-dial phone numbers to convince consumers to participate in the phony debt relief program. The lawsuit was filed by Miami attorney, Jonathan Perlman, who was appointed receiver in a previous suit filed by the Federal Trade Commission (FTC) in May of 2017. As receiver, it was Perlman’s job to manage and investigate Marcus’ affairs and attempt to recover funds for consumers who were defrauded.
Marcus’ debt relief companies falsely told consumers that their unsecured debts would be settled or payment terms modified to reduce balances, interest rates or fees. Some were sent what appeared to be loan documents for low interest rate loans that were supposed to be used to consolidate and pay off their debts. Consumers’ bank accounts were debited monthly to pay off remaining debt, however, no loans were ever made and monthly payments were not applied to the consumers’ debt. Consumers eventually were told by their creditors that no payments were being made, and many were sued by their creditors, left in financial distress and forced into bankruptcy.
According to the lawsuit, “more than $32.8 million passed through PNC Bank accounts over the life of the banking relationship between the bank, Marcus, and the various companies he created.” Shortly after Marcus began his debt relief scheme in 2014, PNC Bank became suspicious of his companies activities and shut down his accounts. Despite this, PNC Bank resumed its banking relationship with Marcus just nine months later. The lawsuit alleges that PNC Bank assisted Marcus in funneling millions of dollars through his various PNC accounts and hundreds of thousands of dollars to offshore accounts held by Marcus’ different business entities. Marcus has repeatedly refused to comment on his relationship with PNC Bank and bank officials have stated that the bank does not comment on legal matters. The SunSentinel reports that a spokeswomen for the U.S. Attorney’s Office in the Southern District of Florida said by email that the Department of Justice “does not confirm or deny the existence of an investigation” into PNC Bank.
If you believe that you were a victim of a fraudulent debt relief agency, please contact our office for a free, no obligation consultation at 1-800-219-3577.
by Paul MankinDoes a Debt Collector Violate the FDCPA By Offering to Settle A Time-Barred Debt?
Holzman v. Malcolm S. Gerald & Assocs., Inc.
In a recent published decision by the Eleventh Circuit Court of Appeals, the court reviewed a district court’s dismissal of a set of federal claims against a debt collector for attempting collect on a time-barred debt. As detailed in the Southern Florida District Court case Holzman v. Malcolm S. Gerald & Assocs., Inc., Plaintiff Holzman asserted claims under the federal Fair Debt Collection Practices Act (FDCPA) and various Florida state consumer protection statues arising from an attempt by the defendants to collect on a time-barred debt. In brief, the plaintiff alleged receiving a collection letter that violated § 1692e and § 1692f of the FDCPA for being “false, deceptive, or misleading” and “unfair or unconscionable,” respectively.
On the defendant’s motion, the district court dismissed the plaintiff’s claims under Federal Rule 12(b)(6), finding no violation under either section of the FDCPA and declining to exercise jurisdiction over the remaining state law claims. On review, the appellate court reversed the lower court’s dismissal of the § 1692e claim and reinstated the Florida state law claims. In its review, the Eleventh Circuit panel agreed with the lower court that an attempt to collect a voluntary repayment of a time-barred debt is not “unfair or unconscionable” under § 1692f of the FDCPA but carefully reconsidered the district court’s rationale regarding whether the collection effort was “false, deceptive, or misleading” under § 1692e.
In its decision in Holzman, the court stated its controlling principle that the FDCPA permits a collector to seek voluntary repayment of time-barred debt as long as the collector does not initiate or threaten legal action in connection with its collection efforts. Citing matters in the Fifth, Sixth, and Seventh circuits, the court noted that a collections letter offering to “settle” a time-barred debt would amount to a threat of legal action in violation of § 1692e of the FDCPA. In Holzman case, however, the defendant’s collection letter uses the word “resolve” effectively in place of the word “settle,” which the Holzman court found to be benign compared to “settle.” Finding that the word “resolve” failed to raise the defendant’s collection letter to the level of threatening necessary to violation § 1692e, the district court dismissed the plaintiff’s claim.
As noted by the appellate court in reviewing the Holzman dismissal, the FDCPA is intended to protect even the least sophisticated consumer. Consumers of many levels of sophistication may reasonably be unaware of what time-barred debt is or the fact that it is not illegal to attempt collection of time-barred debt even if legal action could not be sustained. It is far less likely that consumers of any sophistication would understand the legal distinction between a letter that uses the word “resolve” in regard to old debt versus “settle.” At the end of the day, the purpose of § 1692e is to prevent the consumer from being fooled or tricked by a debt collector, and protection of even “the least sophisticated consumer” requires the courts to conflate words like “resolve” and “settle” and any comparable language that suggests the existence of an active dispute or implies that something will happen but for the recipient’s compliance with the letter’s demand.
Using language such as “settle” or “resolve,” the court notes, is not unlawful in itself, so the burden of the lower court’s decision was not unduly heavy on the defendant. Had the defendant used the word “settle” in place of “resolve,” it simply would have been required to also state in the letter that the debt is time-barred and not subject to legal action. The Eleventh Circuit found that this additional requirement, which is designed to protect the consumer under the FDCPA and correlating state laws, is not a heavy burden and should be included in letters where there is any suggestion whatsoever that there will be a consequence for failing to comply with the collection letter’s demands.