The People's Lawyer Consumer News Alert
Center for Consumer Law
  Volume 144 Number 47

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The People’s Lawyer’s Tip of the Day

Recognizing these common signs of a scam could help you avoid falling for one. Click here for more.


Social Security benefits may rise 6.1% next year

With inflation surging in the U.S., Americans on Social Security could receive a significant pay increase next year.
Each year, seniors’ monthly benefit is adjusted to account for inflation. In the last two decades, as inflation has largely been absent from the economy, the monthly payment has risen only slightly. In 2021, the increase was 1.2%. That could change in 2022.

The Senior Citizens League has calculated next year’s cost of living adjustment (COLA) and projects that Social Security benefits will increase by 6.1%. It would be the biggest increase since 1983, an era when inflation was increasing at double-digit rates.

The COLA is based on the Consumer Price Index (CPI) for Urban Consumers in July, August, and September. It’s also heavily weighted for the price of gasoline, which has risen sharply in recent months. The COLA will be announced in October, and the first adjusted benefit payment will be made in January. Click here for more.


Your Money

The Consumer Financial Protection Bureau (CFPB) today released an online tool to help renters and landlords impacted by the pandemic easily find and apply for payment assistance for rent, utilities and other expenses. The Rental Assistance Finder, available at www.consumerfinance.gov/renthelp, connects renters and landlords with the state and local programs that are distributing billions of dollars in federal assistance nationwide to help renters stay housed during the pandemic. According to a CFPB analysis of Census Household Pulse Survey data from June 23–July 5, 16 percent of adults living in households who rent said they are currently behind on their payments. Of adults living in households behind on rent, 49 percent, or approximately 3.6 million of them say that eviction in the next two months is somewhat or very likely. Click here for more.


For the Lawyers

Boiler plate language does not trigger protections of Fair Debt Collection Practices Act. Communications were not in connection with collection of a debt. The Eighth Circuit recently affirmed summary judgment in favor of a mortgage loan servicer, finding that the communications from the mortgage loan servicer were not communications “in connection with the collection of a debt,” as required under the Fair Debt Collection Practices Act (“FDCPA”) because they did not contain any information about the loan, such as the principal amount remaining due, the past due amount, or a request for payment. The Court also held that although each letter included a “Mini-Miranda” statement in the disclosures section, which stated that “[t]his communication is from a debt collector and it is for the purpose of collecting a debt and any information obtained will be used for that purpose,” the inclusion of such boilerplate language “[does] not automatically trigger the protections of the FDCPA, just as the absence of such [disclosures] does not have dispositive significance.” Heinz v. Carrington Mortg. Servs., LLC, 2021 WL 2878322 (8th Cir. 2021) Click here for more.

 

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