| Volume 142 Number 9 |
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The People’s Lawyer’s Tip of the Day
Not another robocall! We’ve all felt that way. Wondering what to do about robocalls? Check out this new video from the FTC. Click here for more.
How to Benefit From Rising Home Prices
Home prices in the U.S. rose by almost 5 percent last year, even though prices fell in some markets—especially on the West Coast and in cities including Chicago and Boston. This year, though, prices are expected to continue to rise, but by just 3 percent. If you're planning to sell your home, rising prices is good news. But if you expect to stick around for a while, there are still ways you can benefit as the value of your home appreciates. Here's what to consider. Click here for more.
Your Money
It would be great if everyone had the time to drive to the grocery store, browse the aisles and individually select each grocery item to buy. However, having that time is not always realistic for many folks. This is where grocery delivery services come in, saving shoppers significant time and hassle. Also, if you were to assign an appropriate dollar value to the time spent grocery shopping, a grocery delivery service is often actually cheaper than doing it yourself. After all, time and hassle are some of the reasons many Americans are not all growing their own produce. Here are a few of the best grocery delivery services available now. Click here for more.
For the Lawyers
Attempts to collect on a mortgage debt may violate FDCPA. Defendant argued that it was not a debt collector under the FDCPA because TILA requires the letters at issue here, they are not debt collection activity. The court first noted that Courts in this district have previously held that monthly mortgage statements sent pursuant to TILA do not constitute debt collection activity where the statements lack debt collection language or substantially comply with TILA. The court then stated that courts "look to the language of the letters in question, including whether that language disclose[s] that the [sender] was attempting to collect a debt and was acting as a debt collector." After reviewing the language contained in the letters, the Court found that Plaintiff has provided sufficient evidence that the letters were sent in connection with the collection of a debt. The court noted that at a minimum, the letters include "an implicit demand for payment," as each letter states "the amount of the debt, describes how the debt may be paid, provides the phone number and address to send payment, and expressly states that the letter is for the purpose of collecting a debt." Muhammad v. Carrington Mortg. Servs. LLC, 2019 U.S. Dist. Ct S. Dist of Fla Click here for more.