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Recent class action lawsuits you may be eligible for

Via Class Actions Reporter TCPA Rules The Day Still Here is this week’s update on class actions and settlements. Clearly violations of the TCPA rule the day. Not sure what the TCPA is? You have to read one of the many lawsuits with TCPA in the title. Class Action Lawsuits Nextgen Leads TCPA Class…

via Recent Class Actions You May Be Eligible For — considertheconsumer

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Equifax waited several months before fixing their security issues

Welp, the saga continues. After about a week’s worth of news damaging the company name, it surfaced this morning that Equifax waited months before finally admitting to having to fix a widely known vulnerability in its security software which enabled hackers to compromise the personal information of as many as 143 million US consumers. “We know that criminals…

via BREAKING: Equifax Waited Months Before Fixing Their Security Issues — considertheconsumer

That is outrageous that Equifax waited several months before they fixed the vulnerability in their security software, and also waited several months before disclosing that they had been hacked.

New service will allow you to sue Equifax with one click

The entrepreneur behind DoNotPay, a free online chatbot that has successfully fought around 375,000 parking tickets in New York, Seattle, and the U.K., is launching a new service on Tuesday that will allow people to sue Equifax automatically, for $15,000, with one click. On September 7, Equifax revealed a massive cybersecurity breach that potentially exposed the Social Security numbers and…

via Sue Equifax Automatically, With One Click — considertheconsumer

This is a great idea.  Small claims court, particularly in California is very user friendly and attorneys are not allowed.

Ninth Circuit rules that Robins has Article 3 standing

BREAKING NEWS — For those of you that haven’t been keeping track of the differences of opinion between the U.S. Supreme Court and the U.S. 9th Circuit Court of Appeals in the Spokeo v. Robins case, the 9th Circuit panel has issued an opinion that the Plaintiff (Robins) did in fact allege a “concrete injury”. […]

via U.S. 9TH CIRCUIT RULES ROBINS HAS ARTICLE 3 STANDING! — Clouded Titles Blog

CHECKLIST — FDCPA Damages and Recovery: Revisiting the Montana S Ct Decision in Jacobson v Bayview

Excellent blog post from Neil Garfield discussing a checklist of possible damages under the FDCPA that were detailed in the Montana Supreme Court decision of Jaborson v. Bayview. Every homeowner and every attorney or other legal professional that works in foreclosure defense should download and read the Jacobson v. Bayview decision.

Livinglies's Weblog

What is unique and instructive about this decision from the Montana Supreme Court is that it gives details of each and every fraudulent, wrongful and otherwise illegal acts that were committed by a self-proclaimed servicer and the “defective” trustee on the deed of trust.

You need to read the case to see how many different times the same court in the same case awarded damages, attorney fees and sanctions against Bayview who persisted in their behavior even after the judgment was entered.

Get a consult! 202-838-6345

https://www.vcita.com/v/lendinglies to schedule CONSULT, leave message or make payments.
 
THIS ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER.
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This case overall stands for the proposition that the violations of federal law by self proclaimed servicers, trusts, trustees, substituted trustees, etc. are NOT insignificant or irrelevant. The consequences of merely…

View original post 508 more words

Mnuchin Lies Tip of the Iceberg

Livinglies's Weblog

Mnuchin’s lies to the U.S. Senate are only symptomatic of the continuous stream of lies producing a new normal of bank arrogance and the continuing push to foreclose on homeowners as a means to gain illicit profits. Perhaps the flagrancy of his lies will awaken lawmakers to the fact that the entire financial system has a growing cancer caused by indifference to the crimes of the banks and resulting damage to tens of millions of Americans.

see http://www.latimes.com/business/la-fi-mnuchin-treasury-onewest-20170130-story.html

The Columbus Dispatch reported Sunday that Mnuchin denied in written responses to questions from the Senate Finance Committee that OneWest engaged in so-called robo-signing of mortgage documents.

The paper said its analysis of nearly four dozen foreclosure cases in Ohio’s Franklin County in 2010 showed that the bank “frequently used robo-signers.”

The practice, prevalent throughout the mortgage industry in the aftermath of the financial crisis, involved employees at financial firms signing foreclosure…

View original post 95 more words

Dealing with collection agencies

Dealing with collection agencies is the topic of this blog post.

When dealing with collection agencies the first thing that you need to remember is to never ever  assume that any debt is valid or even collectible until you have verified that the debt is valid, and you have confirmed that the debt is still legally collectible.

A legal defense known as the statute of limitations means that debts can become legally unenforceable if the creditor or the debt collector waits too long to file a lawsuit. The law recognizes the statute of limitations as a legitimate defense because the account owner or creditor has given up the legal right to file any lawsuit against you for the debt.

Sometimes, accounts that appear legitimate are invalid or uncollectable for other reasons. So, it important not to assume the debt collector is right. Always demand proof of the obligation to make sure this is a legitimate debt that is collectable under the law.

You should never trust the math calculations used in arriving at the total amount that a creditor or collection agency says you owe when dealing with collection agencies. Calculating proper interest and penalties is sometimes tricky and intimidating if you have never done it before but it is not impossible. If you take the time to properly calculate the interest and penalties you have a good chance of catching the creditor or collection agency lying to you regarding how much debt you really owe including any additional charges which may or may not be authorized under the contract.

Any debt collector that misrepresents a debt may be violating both federal law and state law.  If you catch a debt collector or collection agency violating your rights you can use that as leverage to settle your debt for a lower amount than you may actually owe.  Always do the math! Always!

Another important issue is that you should always demand that any debt collector or collection agency show you the contract.  In other words always make them prove it! No exceptions.  This test is simple but you will find that many times they have no documents whatsoever to prove that you owe anything.  Always demand that they produce all documents showing that you owe the debt as soon as you can, and as often as you can. Never take anything that a debt collector or collection agency tells you at face value.

Never ever assume that any documents that a debt collector or collection agency sends you as proof is really accurate. Go over any documents that they send to you with a fine tooth comb and carefully examine and calculate the amount of the debt that they claim that you owe.

Never negotiate with a debt collector or collection agency until you are completely satisfied that the debt is both valid and accurate.

A surprising number of debt collectors and collection agencies violate the law by using abusive and unlawful debt collection practices. Always take written notes when they call and keep a detailed log of all conversations and all written communications with anyone.

Keep a record of the date and time they call, what demand or threat they made with each call and how the call ended. For example, record the debt collector threats to take some action, like suing you, reporting the account to the credit reporting agencies, talking to your friends or neighbors, threatening arrest or harassing you until payment is received.

Always protect your assets and never make yourself and easy target for a debt collector or collection agency as some will overlook important consumer protection laws to get at funds in your bank accounts, or, in cases of student loans, intercept tax refunds.

Do not allow that to happen and never give a debt collector or collection agency any information regarding your bank account either by sending a check or providing them with your bank account information.  Otherwise they may try to use that information to garnish your wages and you would not be notified until after the wage garnishment started in most states.

The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995.

If you are in need of assistance with any California or Federal litigation matters, Mr. Burman is available on a freelance basis. Mr. Burman may be contacted by e-mail at DivParalgl@yahoo.com for more information. He accepts payments through PayPal which means that you can pay using most credit or debit cards.

Follow the author on Twitter at: https://twitter.com/LegalDocsPro

View legal document packages for sale at: http://www.legaldocspro.net

Subscribe to his weekly newsletter with legal tips and tricks for California. http://www.legaldocspro.net/newsletter.htm

DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

 

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