Learning Center | Credit Law Education | Michigan Consumer Credit Lawyers

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

Tttttalking about my generation…and credit score

Does your generation decide your debt or credit score? The credit reporting agency Experian has completed a trend study on the four generational age groups regarding debt and credit scores. The results just may surprise you, and prompt you to … 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

You Are Not Alone: 1 in 7 People Pursued by Debt Collectors

The Bad News: A new report outlines the number of people being pursued by debt collectors is now 1 in 7 (This is double what it was in 2000, which was 1 in 14*). Many people faced with harassing debt … Continue reading

Beware of phony debt collectors

Phony debt collectors abound today. My office deals with at least a half dozen inquiries from people who have been contacted by these sleazy operators. Frequently, these fake debt collectors are employed by payday loan companies. They are usually located … Continue reading

FTC Shuts Down abusive and deceptive debt collector

The Federal Trade Commission recently shut down a bad collection called Rumson, Bolling & Associates and banned two of its owners from the industry. This collection agency violated consumers’ rights under the Fair Debt Collection Practices Act (“FDCPA”) by threatening … Continue reading

Debt collector abuse results in $1.5 million verdict for consumer.

As a consumer rights attorney, I am frequently challenged by the number of people who think that they alone have been harassed by debt collectors. I think it would be fair to say that debt collection harassment is at epidemic … Continue reading

Debt Collector dumb enough to leave you a message? Sue him!

Under the Fair Debt Collection Practices Act, a debt collector must identify himself as as such and further inform the consumer that the communication is from a debt collector. Interestingly, the FDCPA prohibits a debt collector from disclosing the debt … Continue reading

South Dakota AG finally gets the word about Payday loan collection scams.

By far, we get the most inquiries about these bogus payday loan collection agencies. We, at Michigan Consumer Credit Lawyers, are consumer advocates. We represent people who are abused by debt collectors. Many of these Payday Loan collection companies are … 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

One tiny glitch by Experian has caused major credit score drops for many

Experian, a major credit reporting agency experienced a small, but substantial glitch in its reporting system recently, reported MSNBC.com. When reporting the credit history of HSBC credit card holders, Experian apparently reported just the first 2 digits of the credit … Continue reading

How to fight back against Payday Loan collectors.

Payday loan companies tempt the most necessitous borrowers with quick money. It appears to be quite easy to fill out an application on line and get your money in short order. Here is what you don’t but should know about … Continue reading

Consumer Lawyers, when filing your Fair Credit Reporting Act, don’t forget the details

Attorneys, when you file a complaint under the Fair Credit Reporting Act (“FCRA”), be sure that you can make the following allegations in good faith: a. Your client posited its consumer dispute with the credit reporting agency (and not just … Continue reading

Child Identity Theft is on the rise

Its happening more and more. I am seeing some of it too in new clients. A high school kid applies for his or her first credit card and is declined because of too many prior delinquencies on his credit. The … 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

Oregon Attorney loses law license for violating consumer rights under the Fair Debt Collection Practices Act

A Eugene, OR attorney recently surrendered his law license in connection with a settlement he entered into with the Oregon State Attorney General. Derric McGavic specialized in representing national debt collectors that buy defaulted consumer obligations in massive quantities on … Continue reading

How to Make the Credit Reporting Agencies correct your Credit Report

Your Problem: You have errors on your credit report. Most errors on credit reports are not good ones. Over 80% of credit reports contain errors and most of those are serious enough to depress one’s credit score. Your Solution: Send … Continue reading

West Asset Management spanked by the FTC for violating consumer rights

FTC issues $2.3 fine against debt collection agency for violating consumer rights under the Fair Debt Collection Practices Act. Are you one such victim? 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

The Big three Credit Reporting Agencies are not the only ones talking about you. Have you ever heard of “Specialty Reports?”

More specifically, they are called Nationwide Specialty Consumer Reporting Agencies. These credit reporting agencies collect certain information about you that they sell to particular users. For example, did you know that these agencies collect information about you such as your: … Continue reading

The Illusion of Home Mortgage Modification

I just read an interesting article in the Michigan Lawyers Weekly of November 22, 2010 by Syvia Hsieh. Homeowners are now suing banks, in class actions, to force the banks into giving loan modifications. The suits allege that the banks … Continue reading

A couple challenges the mortgage….and wins

Michael and Rebekah Cefalu had taken out a mortgage on their home in 2000. Unfortunately, they lost that home to Hurricane Katrina. Worse yet, they had no flood insurance. They stopped making their mortgage payment. Citibank was the servicer on … Continue reading

Blindly trusting your bank is an avoidable handicap.

I just read Denise Richardson’s book, Give Me Back My Credit, this weekend. You probably never heard of Denise because she is not a professional author; rather she is a working person like the rest of us. She is a … Continue reading

Consumers deceived and bullied into paying debt

Erie lawyer Larry D’Ambrosio is accused of orchestrating false hearings hearings held in the mock courtroom to deceive and bully debtors into paying debts. He, along with a collection agency called Unicredit America, Inc. allegedly set up a fake court … Continue reading

Job Shopping? Your credit score may be an important factor in landing that job.

Your credit score is not just important when you want to buy things on credit. It may also be relevant when you apply for a job. Did you know that prospective employers may have a right to pull your credit … 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

Beware of wannabe lawyers that wanna give you bad advice

From time to time, I get emails from these yo-yo wanna be lawyers. They want to discuss the law with me. I am not adverse to having intelligent conversations with people. But this is a different breed of people that … Continue reading

Who is "MERS" and why are they foreclosing on my mortgage?

With mortgage foreclosures at a record high, more people are beginning to learn who MERS is. They see this acronym as the party foreclosing on their mortgage and yet, they have never signed anything with this entity. MERS stands for … Continue reading

If you dont know you owe it, DON’T PAY IT…

From the place called “Consumer Abuse by crooked debt collectors” comes a story about a guy who ran his collection agency from the comfort of his jail cell. Related posts: So just how Low did Accretive Health Collections go to … Continue reading

Fixing Your Credit After a Student Loan Default

As the economy slows down, more and more people are struggling to pay their student loan debt. Although defaulting on student loans should be avoided at all costs, sometimes default is inevitable. Luckily, the U.S. Department of Education provides a … Continue reading

Lenders Need Only One Credit Report, Says Fannie Mae

Mortgage lenders no longer have to pull a second credit report before closing on a loan, according to Fannie Mae. The practice of using two credit reports began in June 2010 with the start of Fannie Mae’s “loan quality initiative.” … Continue reading

Debt Doesn’t Have to Be Forever: Knowing the Statute of Limitations on Debts

Due to a shrinking economy and a lack of jobs, many families are finding that bills they once handled easily are now out of control. Some of these debts land on credit reports, affecting credit scores and pushing down credit … Continue reading

Federal Trade Commission Warns Credit Report Sites

Google “free credit report,” and you’re likely to turn up all kinds of web sites such as credit reporting agencies offering you a look at your credit report and/or credit score. What these agencies may not tell you, however, is … Continue reading

Be Aware: Debt Collectors May Be Fakes

As the economy slows and household budgets tighten, debt collectors are calling consumers more than ever. Unfortunately, not all these debt collection calls may be real. Fake debt collectors are out there as well – and they’re trying to get … Continue reading

Facebook users can have their identities stolen

Identity theft is one of the fastest growing crimes in the United States. It has been made far easier by our digital age. This morning, I saw an article about identity theft using Facebook. In that article, the author discussed … Continue reading

Jury sends Trans Union a direct message "Fix your system and provide better customer service."

Sixty Four year old Sandra Cortez walked into a car dealership to buy a new car. Imagine her humiliation when the dealership would not grant her a loan because she was listed as a known drug dealer by Trans Union. … Continue reading

Spokeo Faces Potential Class Action for FCRA Violations

Online data aggregator and broker Spokeo is facing a lawsuit in Virginia brought by a consumer who believes Spokeo is violating the Fair Credit Reporting Act (FCRA). The plaintiff is seeking to make the case a class-action lawsuit to include … Continue reading

To Get Paid, Some Debt Collection Agencies Hop On Facebook

With the economy struggling and many people finding it difficult to meet their bills, debt collection agencies are feeling the pressure to track down consumers. In a creative attempt to find consumers, some debt collectors have gone online, friending consumers … Continue reading

Financial Reforms Make Getting Your Credit Report Easier Than Ever

Many people visit websites like the government-sponsored http://www.annualcreditreport.com to get a free look at their own credit reports. Now, getting a copy of your credit report, including your credit score, is easier than ever. The U.S. Congress recently passed the … Continue reading

What constitutes debt collection harassment under the Fair Debt Collection Practices Act?

One of the other goals of the Fair Debt Collection Practices Act is to promote fairness in debt collecting. To accomplish this goal, the FDCPA provides consumers with a means to dispute and obtain debt validation information for the purposes … Continue reading

How to stop collection agency harassment

If you’ve gotten yourself into a distressful financial situation where you are unable to make your bill payments on time, you are probably being bombarded by companies that are engaged in practices that would be defined as collection agency harassment. … Continue reading

The primary identity theft threats

What is identity theft? Identity theft has been defined as a form of fraudulent activity “in which someone pretends to be someone else” or assumes “that person’s identity, typically in order to access resources or obtain credit and other benefits … Continue reading

Help yourself to improve your credit score

I commonly come across people with poor credit scores. I think about ways that they can improve their credit score themselves. With the state of the U.S. economy, a lot of individuals have experienced financial distress and damaged their credit … Continue reading


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