Practice Areas
- FDCPA Violations
- Debt Collection Defense
- Condo & HOA Liens
- Mechanic's Liens
- Class Action Lawsuits
- Arbitration Awards
- ATM Violations
- TCPA Violations
- Text Messages
- Junk Faxes
- FACTA Violations
- Wage & Bank Garnishment
Defending debt collection lawsuits and suing abusive debt collectors under the FDCPA
The Arbitration Trap
Many of us do not realize that the vast majority of credit card agreements contain an arbitration clause which waives one's rights to have their dispute heard in a court of law. Unscrupulous debt collectors often use this provision to entitle their clients to judgments without the consumer ever having their day in court. It does not matter whether your debt is time-barred or if you ever in fact had an agreement to arbitrate. If you do not respond right away, the so-called "neutral" arbitrator will more or less take the debt collector at their word. At the supposedly "neutral" arbitration, the arguments of both sides are ultimately decided by a third party, an independent arbitrator whose decisions are subsequently binding upon a court of law. But how neutral is this third party? Some studies show that the arbitrator, such as those working for the National Arbitration Forum, decide in favor of the credit card companies a whopping 97% percent of the time! Could this have something to do with the fact that his fees are paid by the debt collector and/or credit card company? Many consumer advocates suspect that this is in fact the case. As the saying goes, arbitration is often the best justice money can buy. Don't believe me? Check out the following study done by Public Citizen of a so-called "neutral arbitrator" for the National Arbitration Forum:
Banks vs. Consumers (Guess Who Wins)
The business of resolving credit-card disputes is booming. But critics say the dominant firm favors creditors that are trying to collect from unsophisticated debtors
Dateline NBC Exposes the Sleazy Debt-Collection Industry
In some splendid investigative reporting, Hansen shows just how brazen third-party debt collectors can be. In one case, a collector threw a string of insults at a consumer. In another, a collector indicated that an alleged debtor was going to be thrown in jail.
Credit card companies can be as slippery as a handful of greased Jell-O. They have all kinds of tricks to gouge your wallet and drive up your bill. While arguably unfair, all these tricks are legal, leaving you no alternative but to stay as informed as possible to protect yourself.
Aggravated Cardholder Turns The Tables
This is the story of one man who, in some small way, is fighting back. It's the story of a man who, driven by the sarcasm of another, decided take on the system.