(Washington, DC) Under the guise of modernization and providing consumers with more “information” the ACA, International – an association of debt collectors – has obtained Congressional support for a dangerous proposal that would allow debt collectors to flood cell phones with robo-calls. The bill, HR 3035 Mobile Informational Call Act of 2011, was introduced on…

CHICAGO (MarketWatch) — The days of your cell phone being a communication device between just you, your family and friends may be numbered under two pieces of legislation that have consumer advocacy groups up in arms. Tucked into President Obama’s debt-reduction bill is a provision that would allow debt collectors, working on behalf of the…

Since 1991, it has been illegal for telemarketers to use auto dialer and other robot-like devices to call your cellphone.  Recently, a bill was introduced to change all that.  While in the past email hoaxes have gone around saying that your cellular telephone could be opened up to telemarketers, HR 3035 seeks to let businesses…

Article provided by Rockland County Personal Injury Attorneys – Kantrowitz Goldhamer & Graifman, P.C. In its recent decision, AT&T Mobility, LLC v. Concepcion, the Supreme Court has removed from consumers another important arrow from their quiver to defend against companies which use unconscionable or improper retail practices against them. Unfortunately, the number of arrows in that…

Many of us constantly receive annoying calls from telemarketers, in spite of being on the do-not-call list. Clearly, the law is not working. I suppose it shouldn’t be all that surprising that companies that skirt laws selling dubious products and services would have little regard for this law, especially because it’s not well-enforced. And it’s…

After weeks of mounting pressure and trying to ensure continuous press coverage on HR 3035, as demonstrated by Monday’s MSNBC’s piece on the robocall bill, we have just learned that the bill’s sponsors, Lee Terry (R-NE) and Ed Towns (NY) have written to Energy and Commerce Committee chairman to ask that HR 3035 not be…

Have you been notified of a lawsuit against you? Do you feel overwhelmed, anxious, and afraid of what is to come? These feelings are normal and shared by others in similar positions, especially by people who have never been sued before. The main reason people feel this way is because they don’t know their options…

Default, Charge-Off, Collections, Statute of Limitations, Waiver of Debt (1099-C) There are so many words and terms floating around when it comes to money owed. Take a look below for some everyday explanations about these terms. Default This means that you have failed to keep up with the terms of your contract. This could mean many…

I CAN MAKE THE CAR PAYMENTS OR I CAN MAKE THE REPAIR PAYMENTS, I CAN’T AFFORD BOTH! VOLUNTARY REPOSSESSION Often times the defects, which occur shortly after the purchase, can be very expensive to repair. If the dealership refuses to honor its warranty, the consumer must bear these expensive repair costs in order to keep…

Debt collectors have become increasingly aggressive in collecting debts in recent years. A new tactic is to use the court system to sue consumers for old debts. However, these debt collectors and the firms they hire are often not filing the lawsuits in the correct jurisdiction. According to the Fair Debt Collection Practices Act, when…

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…

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…

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…

For Immediate Release: Hyde & Swigart, counsel for the settlement class in Barani v. Wells Fargo Bank, N.A., 12-CV-02999-GPC(KSC), currently pending in the Southern District of California, caused to be published today notice of a class action settlement reached.  Notice was published notifying class members as to the settlement and instructions on to how claims may be submitted….

When it comes to choosing a college, we can help you make informed financial decisions about paying for college. Understand loan options, compare your financial aid offers, and learn about student banking. http://www.consumerfinance.gov

During the past two decades, much has been written about the enforceability of pre-dispute mandatory arbitration clauses contained in most consumer agreements. Suffice it to say, the strong federal presumption in favor of arbitration has trumped almost every  claim that the Federal Arbitration Act (“FAA”) was not enacted to apply to consumer contracts of adhesion,…

Today the New York Times published an article outlining the level of absurdity that corporations will go through to abrogate the legal rights of consumers.  Three years ago the Supreme Court delivered the opinion of AT&T Mobility, LLC v. Concepcion, 584 F.3d 849, where it reversed the 9th Circuit and found that the Federal Arbitration…

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…