Tax Return Identity Theft

In recent years, there has been a large increase in tax refund fraud cases. Identity thieves file false tax returns using a victim’s social security number and personal information. Tax return information may appear legitimate, but the person filing it … Continue reading

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9th Circuit holds that Trustee is not a debt collector when foreclosing on a Deed of Trust

Foreclosure Notice

The Fair Debt Collection Practices Act is a federal statute that protects consumers from debt collectors.  But just when is a debt collector NOT a debt collector under the FDCPA? The Ninth Circuit recently held that a trustee, foreclosing on … Continue reading

Credit Repair Professionals newest resource ACRED.info

If you are a credit repair professional, come join ACRED.info. It stands for “Attorneys and Credit Repair Experts Dialogue.” We work with credit clinics to teach them the law and best practices for helping consumers better their credit scores. Learn … Continue reading

How We Can Fix Your Credit For Free

We can get errors removed from your credit report for free. Using the Fair Credit Reporting Act (“FCRA”), our credit repair lawyers can fix your credit for free. We will write the appropriate letter to the credit reporting agencies to … Continue reading

Experian is getting slammed with new law suits for refusing to investigate consumer disputes with “Suspicious Request” letters.

If  you have something on your credit report that does not belong to you, the Fair Credit Reporting Act requires you to send a dispute to the credit reporting agency, such as Experian, Equifax and Trans Union (“credit reporting agencies” or … Continue reading

Payday Scammer finally has what he has coming to him….an Indictment

Adrian Rubin of Jenkinstown, PA has been charged with Racketeer Influenced and Corrupt Organizations Act (RICO).  From 1998 to 2012, Rubin has been involved with multiple businesses that make usurious loans commonly known as “Payday Loans.”  He allegedly attempted to … Continue reading

Ways that your credit report can get damaged without you even knowing about it

Everyone in the U.S. who has ever applied for credit or used credit to purchase something has a credit history on file with one or all of the three main credit record agencies: Experian, Transunion, and Equifax. However, many people … Continue reading

Credit Report Issues worth Disputing

When consumers review their credit reports, they are often amazed by the inaccuracies being reported yet confused by what should be disputed. At first glance, people may become horrified to notice misspelled names, outdated addresses or strange inquiries to view … Continue reading

Identity Theft from Online Job Boards

Gary Nitzkin, Michigan Consumer Credit Lawyer

Posting resumes on job boards is a common practice amongst job seekers. Job seekers continuously update their resumes with detailed and accurate information targeted at prospective employers. Unfortunately, not only are employers viewing your qualifications but identity thieves are also … Continue reading

Sixth Circuit reverses District Court and asks it to conduct a trial on whether the phrase “Settlement Offer” when used in connection with the collection of an out of statute debt is misleading under the Fair Debt Collection Practices Act.

The Fair Debt Collection Practices Act (“FDCPA”) protects the “least sophisticated consumer” (“LSC”).  The LSC is a hypothetical person with a minimal amount of intelligence.  The FDCPA protects this person. Recently, the Sixth Circuit Court of Appeals had an opportunity … Continue reading

Department of Education has fired several Debt Collectors including Pioneer Credit for sleazy collection practices.

Gary Nitzkin, Michigan Consumer Credit Lawyer

The Department of Education has turned a blind eye to the collection harassment and debtor abuse that  debt collectors that it has hired collect student loan debt.  Well, no more.  On Friday, February 27, 2015, it announced that its firing … Continue reading

Common Identity Theft Myths

Identity theft is a real problem that millions of Americans face on a yearly basis. Not only does identity theft lead to severe intrusion into your personal life, but it can have repercussions on your finances too. According to Daily … Continue reading

Tax Identity Theft – What to do if you are a victim

Gary Nitzkin, Michigan Consumer Credit Lawyer

Our office helps people whose identities have been stolen by thieves.  Our credit repair services are limited to fixing credit on credit reports.  We don’t work on tax identity theft. Take heart.  The Internal Revenue Service has a great website … Continue reading

How to Handle Debt Collection Threats

Debt Collector on Phone

  You’ve seen the stories on ABC News about the fake debt collection scams harassing millions of Americans. These scammers threaten criminal charges, fraud, arrest and prosecution. The word for this behavior – extortion. The scammers have an enormous amount … Continue reading

Consumer Wins Against Stale Debt Collection Lawsuit

The Fair Debt Collection Practices Act (FDCPA) is a federal law designed to protect consumers in the field of debt collection. One of its provisions deals with lawsuits and the age of debt. The FDCPA prohibits a debt collector from … Continue reading

New Credit Reporting Agency on the Block – CoreLogic – A new problem for would be homeowners?

You have heard of the “Big 3” credit reporting agencies – Experian, Equifax and TransUnion. But you may not have heard of the newest one – CoreLogic. For people who want to buy a home, a new FICO credit score … Continue reading

Accretive Health fined $2.5 Million for abusive collection practices

Accretive Health has been in the news for months now regarding their abusive and illegal debt collection practices in hospitals nationwide. Today we are celebrating the excellent news about the result of the Minnesota Attorney General’s investigation of Accretive Health. … Continue reading

Debt Collector Abuse on the Rise

Americans are generally good at living on credit. Between car loans, mortgages and credit cards, millions of Americans live daily on the financial edge, with significant debt. And some of us can’t pay on time, due to job losses, medical … Continue reading

Top Five Ways to make the Fair Debt Collection Work for and Protect You

The Fair Debt Collection Practices Act is a federal law designed to help consumers fight against abusive and bullying debt collectors. Here are the top five ways that you can make the FDCPA protects you: 1. Your financial situation is … Continue reading

You may be a debtor, but you don’t have to be a victim.

The debt collection industry has become a $12-billion-a-year business, as people have fallen behind on bills due to exorbitant hospital bills, crushing student loans or sky high interest credit cards. The recession has impacted many Americans lives, resulting in a … Continue reading

Payday Loans…..mostly collection scams

Far and away, the largest volume of calls that I get from frantic consumers is for payday loan collectors. In the hundreds of phone calls that I have received from frantic consumers, I can count on one hand the number … Continue reading

Sen. Franken’s proposed changes to the Fair Debt Collection Practices Act – great ideas!

Sen Franken from Minnesota has proven himself to be a major consumer advocate. He has recognized the abuses by Accretive Health and others in collecting medical debt and has proposed changes to the Fair Debt Collection Practices Act (“FDCPA”). This … Continue reading

Supreme Court to consider whether a fax sent to a debtor’s employer violates the prohibition against third party contact under the Fair Debt Collection Practices Act.

HOT ON THE PRESSES….SUPREME COURT TO HEAR A NEW KEY FAIR DEBT COLLECTION PRACTICES ACT CASE   Olivia Marx owed a student loan that General Revenue was assigned to collect. GR sent a fax to Ms. Marx’s employer. This form … Continue reading

Statute of Limitations under the Fair Credit Reporting Act

  The Statute of Limitations for an action under Fair Credit Reporting Act is as follows: An action must be filed two years after plaintiff discovers the violation or five years after the violation occurs, whichever is earlier. But you … Continue reading

Experian debuts a new credit score to help others or off the financial grid

Experian has recently announced that its creating a new credit scoring system to help people who live off the financial grid. These are people who cannot traditionally obtain bank loans. Experian’s new credit scoring system would consider a variety of … Continue reading

Why Suing Debt Collectors is Free for Consumers

Many people think that hiring a lawyer is expensive. Today I’d like to explain to you how and why I am able to represent you, the consumer, for free against bullying debt collectors. First, under the federal law, the Fair … Continue reading

What you need to know when dealing with a debt collector

What Debt Collector’s Won’t Tell You The less you know your rights, the greater a debt collector’s advantage is over you. A recent article on MSN Money by Gerri Detweiler of Credit.com outlines the most common omissions of debt collectors. … Continue reading

When visiting the hospital, beware of the guy in the lab coat. He may be a debt collector.

Related posts: Accretive Health fined $2.5 Million for abusive collection practices Accretive Health has been in the news for months now regarding their abusive and illegal debt collection practices in hospitals… Sen. Franken’s proposed changes to the Fair Debt Collection … Continue reading

Debt collectors forced to pay $10,000,000 to victim of harassing calls

ABC News and Diane Sawyer ran a story a few weeks ago about Diana Mey of W. Virginia, on “Nightline”. Diana Mey sued and won the largest judgment ever against an abusive debt collection company — more than $10 million. … Continue reading

Always think about emotional damages under the FDCPA when discussing your case

Under the Fair Debt Collection Practices Act, a consumer may recover two types of damages; Actual damages and statutory damages of “up to $1,000.” In many of the cases that we handle, most consumers are only able to obtain statutory … Continue reading

How to immediately tell if you are being scammed by a fake debt collector

I have written about this before, but I do so again because of the sheer number of calls that I am receiving from panic stricken people. I frequently get calls from people who had just hung up with a debt … Continue reading

What steps you must take if you have been a victim of identity theft

When your identity has been stolen, you should not expect much sympathy, let alone help, from the banks and other lenders. When you open your account with your bank, you are a valued customer. When you want to incur debt, … Continue reading

Now that the FTC is off my case, I can talk

I have missed you guys. I have not been at liberty to post anything because last November, the FTC served me with a request for investigation. They took comments that I had made on NPR out of context and investigated … Continue reading

Collection agencies representing the movie houses ARE governed by the Fair Debt Collection Practices Act

In response to my last blog post about a certain collection agency that is pursuing individuals who “pirate” movies, I received the below email from one such victim of that collection agency. You see, the Fair Debt Collection Practices Act … Continue reading

25 Most Common Violations of your rights by Debt Collectors

We have sued a fair number of debt collectors, debt collection agencies and debt buyers for violating our clients’ rights under the Fair Debt Collection Practices Act (“FDCPA”). While the list of debt collectors that we have sued continues to … Continue reading

Debt Collector sentenced to 15 years in jail on gun charges

I just read an article about a debt collector who was sentenced to 15 years on gun charges. He was running an illegal collection agency and threatened debtors with a gun. Tobias Boyland apparently was a convicted felon and just … Continue reading

Debt buyer must show more than payments made on account to prove its case

The Michigan Court of Appeals recently overturned a District Court decision granting summary disposition to the Plaintiff in Unifund CCR v Riley. In this case, the Plaintiff sued the Defendant on an Account Stated theory rather than Breach of Contact. … Continue reading

Dealing With Debt Collectors, the Easy Way

This article is written by Kat Sanders, who regularly blogs on the topic of court reporter schools at her blog Court Reporter Schools. She welcomes your comments and questions at her email address: katsanders25@gmail.com. It’s never an easy situation when … Continue reading

Why purchasing debt is a bad bet at trial

A recent speaker at the Michigan Institute of Continuing Legal Education had talked about suing on purchased debt. He said that a debt buyer does not have to produce a witness from the originating creditor in order to prove his … Continue reading

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