Recent Blog Posts
What Practices Are off Limit for Debt Collectors?
If you have ever been behind on paying your bills, you know what a hassle it is to deal with debt collectors. But did you know that there are strict statutes about what debt collectors can and cannot do? The Fair Debt Collection Practices Act (FDCPA) and the Florida Consumer Collection Practices Act(FCCPA) protect… Read More »
Consumer Rights under Attack in the Second District Court of Appeal
One of the strongest consumer protection statutes, the Telephone Consumer Protection Act (“TCPA”), has come under recent attack in the Second District Court of Appeal which covers New York, Connecticut, and Vermont. The TCPA makes it “unlawful… to use any telephone facsimile machine, computer, or other device to send, to a telephone, facsimile machine,… Read More »
Has the Supreme Court Eroded the Rights of Consumers under the Fair Debt Collection Practice Act?
In Henson v. Santander Consumer USA, Inc., __ U.S. __, 2017 WL 2507342 (June 12, 2017). Justice Gorsuch, writing his first opinion as a Supreme Court Justice for the unanimous Court, ruled that an entity that “regularly” purchases defaulted debts to collect for its own account is not a “debt collector” under the Fair… Read More »
The ABC’s of Identity Theft and Steps to Take If You Are a Victim
The Fair Credit Reporting Act defines identity theft as “a fraud committed or attempted using the identifying information of another person without authority.” 15 U.S.C. § 1692a(q)(3). One of the most troubling aspects of identity theft is that more times than not the perpetrator is someone that the victim knows, in my practice I… Read More »
4 Ways to Protect Yourself from Student Loan Servicers
Since 1985, the cost of college has skyrocketed to a point well above what average inflation would imply. State governments provide less funding every year, leaving students to absorb a larger chunk of the cost. Many of these young scholars take on tremendous debt just to make it to graduation. The federal government relies… Read More »
How to Deal with Unsolicited Text Messages
Telemarketing solicitations have plagued American consumers for years, but the widespread popularity of smartphones has brought these marketers to a whole new medium: text messaging. Last September, we talked about the Telephone Consumer Protection Act, which protects consumers from unsolicited phone interactions. The Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”) is a… Read More »
Report Indicates 90% of Highest-Risk Loan Borrowers Were Not Enrolled in Affordable Repayment Plans
Over the past decade, the student loan market has experienced significant growth. As of today, the combined total for outstanding federal and private student loan debt now exceeds $1.4 trillion, with the majority of this being composed of federal loans. The Department of Education estimates that more than 8 million federal student loan borrowers… Read More »
What Happens When You Are in Default on Your Federal Student Loan
Student loan defaults are rising at alarming rates. Pursuant to a recent report by the Department of Education, the number of borrowers who defaulted on their student loans increased seventeen percent (17%) from 2015 to 2016. In 2016, about 42.4 million Americans owed around $1.3 trillion in federal student loan debt. Generally, a borrower… Read More »
Nation’s Largest Student Loan Servicer is in Deep Water
On January 18, 2017 the Consumer Financial Protection Bureau (“CFPB”) filed a complaint in the Middle District of Pennsylvania against Navient, the nation’s largest student loan servicer. Navient, formerly known as Sallie Mae, Inc., services loans for over 12 million borrowers, including over 6 million customer accounts pursuant to a contract with the United… Read More »
Malicious Prosecution Claims Are Not Barred by the Litigation Privilege
On February 9, 2017, the Florida Supreme Court issued and opinion in Debrincat v. Fischer, 42 Fla. Weekly S141a (February 9, 2017), holding that the claim of malicious prosecution that was based upon adding a party to a civil lawsuit is not barred by the litigation privilege in Florida. The ruling clarified the muddy… Read More »
