Are debt collectors contacting you at home? On your cell phone? At your place of employment? During these calls, are they threatening to garnish your wages? The FDCPA, a federally enacted statute created to protect consumers from harassing debt collectors, specifically mandates that debt collectors may not “use any false, deceptive, or misleading” means to…

  Having collectors come after you for a debt can be a traumatic experience. It’s embarrassing enough to receive calls from a debt collector and to have to tell them that you can’t pay for the debt. Imagine how mortifying it would be if the debt collector called a third party, such as a friend…

Nov 10 (Reuters) – Sirius XM Holdings Inc cannot force owners of vehicles sold with trial subscriptions to its satellite radio service to arbitrate disputes, a federal appeals court decided on Monday, in a case involving alleged unsolicited sales calls. In reversing a lower court ruling, a three-judge panel of the 9th U.S. Circuit Court…

Creditors, Collection Companies and the Credit Reporting Agencies (CRA) violate the Fair Debt Collection Practices Act in many ways.  A few common violations are furnishing and reporting inaccurate information, mixing up files, failing to follow debt dispute procedures or obtaining a credit report for impermissible purposes.   Furnishing and Reporting Old or Inaccurate Information CRAs…

How to File a Claim of Exemption   Receiving a notice of Garnishments from your employer or a letter from the bank regarding a lien can be a frightening thing. Whether you knew this was coming or not, there is action you can take.   First step is to calm down, and find some time…

Medical expenses, job loss, and divorce are the leading causes of bankruptcy. If you are in financial turmoil dealing with wage garnishments or bank levies, bankruptcy may be the right option for you. Our knowledgeable attorneys can debunk common bankruptcy myths and take the fear out of its process. Myth # 1: You will lose…

TCPA Robo-Call Ever receive what is commonly termed a “robo-call” to your cellular telephone?  Likely you have.  More and more consumers are receiving unsolicited pre-recorded telephone calls placed to their cellular telephones.  These obnoxious calls have increased over the past few years as a direct result of the decrease in the cost to place such…

The Community Law Project Downtown at California Western School of Law recently received a boost in support from Hyde & Swigart Alumni, Robert L. Hyde and Joshua B. Swigart, of Hyde & Swigart, donated $25,000 to the program partnering student volunteers with local attorneys to offer legal advice and referrals to indigent people in our…

The Federal Fair Credit Reporting Act (FCRA) promotes the accuracy, fairness, and privacy of information in the files of consumer reporting agencies.  Credit reporting agencies are federally mandated to report only accurate information regarding a consumer.  Additionally, consumer reporting agencies may not report outdated negative information. For example, a consumer reporting agency may not report…

In Maricopa County Justice Courts, over 5000 cases per month are being filed in an attempt to collect consumer debts. However, these judgments may be unenforceable on a married couple’s community property if the debt collectors do not include both spouses on the lawsuit and subsequent judgment.  A.R.S. sec. 25-215(D) requires that to hold a…

1 February 25, 2014 Monica Jackson Office of the Executive Secretary Bureau of Consumer Financial Protection 1700 G Street NW Washington, DC 20552 Re: Advance Notice of Proposed Rulemaking: Debt Collection (Regulation F) Docket No. CFPB–2013–0033, RIN 3170–AA41 Dear Ms. Jackson: As the leading organization representing the interests of people aged 50 and older, AARP…

Third-party debt collectors are currently having a heyday because millions of Americans are in debt and behind on payments for an average amount of $1,400. Unfortunately, there are many abusive debt collectors, a fact that the Federal Trade Commission (FTC) is well acquainted with. The FTC, the federal consumer protection agency, is responsible for enforcing…