McMAHON v. LVNV FUNDING The United States Court of Appeals for the Seventh Circuit (the “Seventh Circuit”) sent a message to debt collectors in McMahon v. LVNV Funding, LLC by holding that “an unsophisticated consumer could be misled by a dunning letter for a time-barred debt, especially a letter uses the term ‘settle’ or ‘settlement’.” […]


Consumers Can Stop Robo-Calls To Their Cell Phone

by Donald Petersen on September 21, 2013

The United States Court of Appeals for the Third Circuit (the “Circuit Court”) recently decided Gager v. Dell Financial Services, LLC, addressing whether cell phone subscribers can withdraw their “express consent” for a business or collection agency to continue to call their cell phone using automated dialing systems (“ATDS”). The Circuit Court decided that the […]


Consumers Should Not Discuss Their Debts On The Internet

May 28, 2013

An Arkansas consumer (the “Plaintiff”) recently defeated the Defendant’s Motion to Dismiss his FDCPA lawsuit and to enter a “Civility Order” prohibiting the Plaintiff from making further comments on two internet “gripe sites” that the Plaintiff actively uses. Although the United States District Court denied the Defendant’s motion to dismiss the case and for the […]

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Debt Buyer Alleges Seller Inflated Balances of Chase Accounts

May 9, 2013

A New Jersey debt buyer, Vanz LLC, recently filed a lawsuit against Mattia & Associates alleging that Mattia misrepresented the quality of charged off consumer accounts which Vanz purchased from Mattia. Vanz’s lawsuit arises from two separate portfolios that Vanz purchased from Mattia : (1) the “Chase Portfolio” consisting of 3,932 charged off Chase credit […]

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Santander Ordered to Pay $ 571,000 for TCPA Violations

March 12, 2013

Santander Consumer USA, Inc. called consumer Heather Nelson’s cellular telephone one thousand twenty-six (1,026) times and left pre-recorded messages an additional one hundred sixteen (116) times during a one year period while attempting to collect a consumer debt arising from loans were secured by two motor vehicles, a van and a truck. The Court entered […]

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National Enterprise Systems Complaints

November 13, 2012

National Enterprise Systems, Inc. (“NES”) allegedly violated the Fair Debt Collection Practices Act (“FDCPA”) by threatening to sue without being able to or intending to sue, threatening to garnish non-borrower’s wages, repeatedly calling consumer’s relatives, threatening to have consumers arrested unless they paid their alleged debts, and using profanity according to consumers who filed FDCPA […]

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New York Judge Criticizes Credit Card Scavenger Lawsuits

August 27, 2012

New York judges have openly expressed their frustration with credit card collection lawsuits and the fact that consumers contest only six percent of the time. Six percent! The deficiencies criticized by the New York judges are also problematic in other states although consumers’ ability to combat the deficiencies depends upon the law of the state […]

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Collection Calls to New Cell Phone Owners Prohibitted

May 12, 2012

Soppet v. Enhanced Recovery Company, LLC, the United States Court of Appeals for the Seventh Circuit held that the Telephone Consumer Protection Act (“TCPA”) protects cell phone owners who inherit “recycled” cell phone numbers from most companies that use automatic dialers to call their cell phone attempting to contact someone who formerly used their cell […]

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Legal Helpers Debt Resolution Sued by Debt Settlers

April 10, 2012

Legal Helpers Debt Resolution, LLC, and Macey, Aleman, Hyslip & Searns, recently agreed to pay the Attorney General for the State of Illinois $ 314,000 as a fine for operating an unlicensed debt settlement business. Attorney General Lisa Madigan’s lawsuit alleged that Legal Helpers unlawfully charged consumers upfront fees for debt settlement services with promises […]

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Are “Repo Men” “Debt Collectors”?

March 28, 2012

Consumers and their novice lawyers who file lawsuits against repo men alleging that the repossesson company violated the Fair Debt Collection Practices Act are likely to end up even more frustrated than Otto did after he quit his job only to discover that his parents donated his college fund to a televangelist. For readers who […]

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