| Volume 142 Number 23 |
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The People’s Lawyer’s Tip of the Day
Buying or renting a home is a big financial decision. And whether it’s a condo, a townhouse, or a single family residence — new construction or a home with a history — this transaction will have a significant impact on your budget. What do you need to know? Click here for more.
Best Mother’s Day Sales for 2019
There isn't much time left to select the perfect Mother's Day gift. Fortunately, because of expedited shipping, in-store sales and options for picking up online orders in stores, it's still possible for you to get a gift for Mom by May 12. Plus, thanks to stores offering last-minute sales, you have plenty of ways to save money on flowers, treats, jewelry, beauty products and more. These are the best Mother's Day sales you can shop right now. Note: If you order online and opt not to pick up your item in the store, you may have to pay for expedited shipping for delivery by Mother's Day. Here are the best sales for Mother's Day: Click here for more.
Your Money
The IRS agent calling you on the phone isn't really from the government, and the person collecting disaster relief funds may actually be lining his own pockets. Phone scams are common, and they often prey on people's generosity or fear. Nearly 1 in 6 Americans have lost money to a phone scam in the last 12 months, according to the 2019 U.S. Spam and Scam Report from the phone app Truecaller. While crooks use many scenarios, here are 10 common phone scams currently making the rounds. Click here for more.
For the Lawyers
Bona fide error defense applies to collection of time-barred debt. The Seventh Circuit affirmed a summary judgment for a debt collector, concluding the collector’s FDCPA violations were unintentional and the debt collector was entitled to the bona fide error defense. The consumer made his last credit card payment in August 2010, but attempted to make an additional payment in June 2011, which never cleared. In December 2015, the debt collector sent a collection letter to the consumer and subsequently filed a collection action in state court, both assuming a last payment date of June 2011 (the date of the payment that did not clear). The state court dismissed the suit because the last payment that actually cleared was outside of the state’s five-year statute of limitations, meaning the debt was time-barred. The consumer filed suit against the debt collector for violating the FDCPA’s prohibition on collecting time-barred debt. The appellate court determined that the FDCPA violations were unintentional, as the debt collector was unaware that the June 2011 payment had failed. Additionally, the appellate court held that the debt collector was not required under the FDCPA to independently verify the validity of the debt to satisfy the requirements of the bona fide error defense. MEHDI ABDOLLAHZADEH v. MANDARICH LAW GROUP, LLP, (7th Cir 2019) Click here for more.