| Volume 109 Number 5 |
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The People’s Lawyer’s Tip of the Day
Bad things can happen to good people, but just because you lose your job, go into the hospital, or have to move for work, that doesn't mean that you can get out of your lease. Some landlords are more reasonable than others, but with a few exceptions such as for domestic violence or a military deployment, a landlord usually doesn't have to let you out of a lease. Read your lease, and check out this link for more information on landlord/tenant issues. Click here for more.
CFPB Takes Action Against
One of the most common debt collection violations is for a debt collector to threaten criminal action against a consumer, some of who are frightened into paying because they don't understand that you can't be sent to jail just for failure to pay a debt. Recently the Consumer Finance Protection Bureau took enforcement action against National Corrective Group, which misled consumers by pretending to be state or district attorneys, and illegally threatened them with criminal penalties. The CFPB's complaint seeks to stop the illegal practices and force the company and its owner to pay civil penalties for violations of the Fair Debt Collection Practices Act. Click here for more.
Your Money
Conventional wisdom holds that one of the reasons to get married is for better tax treatment from the federal government. While filing a joint return is probably best for most married couples, there are actually some couples who may do better by filing separate returns. Check out this article to find out which couples might benefit from such a move, as well as some of the things to keep in mind if you consider filing separate returns. Click here for more.
For the Lawyers
Attempt to collect fees for services not yet performed violates Fair Debt Collection Practices act. The Third Circuit held that by attempting to collect fees for legal services not yet performed in the mortgage foreclosure, an attorney violated FDCPA section 1692e(2)(A), (5), and (10), which imposes strict liability on debt collectors who “use any false, deceptive, or misleading representation or means in connection with the collection of any debt,” and section 1692f(1) by attempting to collect “an amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.” Kaymark v. Bank of America NA (3rd Cir. 2015) Click here for more.