| Volume 123 Number 1 |
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The People’s Lawyer’s Tip of the Day
Thinking about buying a car or house in the future? Now is the time to check your credit report and make sure there are no errors. Waiting until you apply for the loan is too late. Remember, you can check your credit report with each of the three credit bureaus for free once a year. Click here for more.
Sports Authority Closing All Stores
Big news: all 450 Sports Authority stores are closing. The sporting goods retailer will liquidate all stores and wind down operations in the coming months. It’s the final chapter in its quest to reorganize under Chapter 11 bankruptcy protection. Click here for more.
Your Money
Is it worth it to refinance your car? Just as home loans can be refinanced, auto loans can be refinanced, too. In fact, getting a better deal on your old car loan is a lot easier than refinancing a mortgage. While it may not be worth the trouble for consumers with good credit who got decent financing when they bought their car, other drivers could see big savings by refinancing. Click here for more.
For the Lawyers
Collection communications with consumer’s counsel are held to the same standard as those directly with a consumer. The defendant law firm sent a debt collection letter to the consumer’s attorney rather than the consumer. The consumer filed suit alleging that the letter did not comply with 15 U.S.C. §1692g, the debt validation provision, because the letter omitted the “in writing” language required by the section. The district court dismissed the lawsuit determining that the Complaint failed to state a claim upon which relief could be granted. On appeal, the Eleventh Circuit held that the provisions of section 1692g of the FDCPA are triggered by communications with counsel and such communications must include the debt validation language required by the section. In determining whether the FDCPA applied to indirect communications to the consumer’s attorney, as well as those directly with the consumer, the court relied on the definition of “communication” provided within the FDCPA as including “the conveying of information regarding a debt directly or indirectly to any person through any medium.” Bishop v. Ross Earle & Bonan Click here for more.