FTC officials announced in a statement that they would not begin enforcement of what they call the “Red Flag Rule” until Nov. 1. In the meantime, the statement said, the agency plans to add more information to its Web site. The agency is also emphasizing that it is unlikely to bring enforcement actions “if entities know their customers or clients individually, or if they perform services in or around their customers’ homes, or if they operate in sectors where identity theft is rare and they have not themselves been the target of identity theft.
Outline by the Volunteer Legal Services Program of the Bar Association of San Francisco, this free download focuses on the principals of fair debt collection as it applies to consumers, culminating with Title 15 of the U.S. Code, otherwise known as the Fair Debt Collection Practices Act of 1978. (15 U.S. §1692 et seq.) (FDCPA).
In the wake of the FDCPA, all but eight states adopted their own debt collection regimes. The outline looks at all facets of fair debt collection, offering an overview of the debt collection industry, even including a look at how the laws apply to attorneys who collect consumer debts. (FDCPA does apply.)
There is a particularly useful section on dealing with “debt buyers”.
Hat Tip to PLI for making this outline available for free.
myCorporateResource.com is designed to empower corporate professionals with the latest in legal and commercial information from the world’s top law firms and industry insiders. Every year the top 100 American law firms produce more than 10,000 Client Alerts addressing the key commercial and legal issues faced by their clients. At this site they aggregate, review, sort and summarize this content -for free- to give you a really useful corporate resource.
Hat tip to Tom Mighell at inter-alia.net
National Arbitration Forum Barred From Credit Card And Consumer Arbitrations Under Agreement With Attorney General Swanson
Swanson Also Wants Congress to Ban “Fine Print” Forced Arbitration Clauses
Minnesota Attorney General Lori Swanson and the National Arbitration Forum, the country’s largest administrator of credit card and consumer collections arbitrations, have reached an agreement that the company would get out of the business of arbitrating credit card and other consumer collection disputes.
“I am very pleased with the settlement. To consumers, the company said it was impartial, but behind the scenes, it worked alongside credit card companies to get them to put unfair arbitration clauses in the fine print of their contracts and to appoint the Forum as the arbitrator. Now the company is out of this business,” said Swanson.
Hat tip to Bob Ambrogi, who looks at the implications of this move and the connections to collections industry giant Mann-Bracken..
The president of the American Bar Association said Wednesday that the group is preparing to go to court if it cannot persuade the Federal Trade Commission to exempt lawyers from new regulations to protect against identity theft.
H. Thomas Wells Jr. said in an interview that the New York-based firm Proskauer Rose has signed up to represent the ABA pro bono. The trade commission is scheduled to begin enforcing the regulations Aug. 1, and Wells said the bar association would file a lawsuit by the end of next week if necessary to head off enforcement.
“If they stay with the Aug. 1 date and we don’t get some kind of sign, we’ll be filing before Aug. 1,” said Wells, a partner at Maynard Cooper & Gale in Birmingham, Ala.
A civil suit filed in Erie County by Attorney General Andrew M. Cuomo on the court system’s behalf seeks to vacate defaults in all cases where American Legal Process of Lynbrook was used and the only evidence that process was properly served was an affidavit from the company. It seeks to compel the assistance of 35 law firms and two debt collection agencies, each of which used the process server at least 100 times. (See the complaint.)
This is only the tip of the iceberg. I hope the NY AG can clean up these “bottom-feeders”, who only demean honest creditors’ counsel and diligent process servers.
UPDATE: After reading the complaint, I see these “law firms” are not being targeted. I fail to see how they couldn’t have known what was going or or should have known. At least they’ll have to pay back any money they collected with the “sewer service”. Its a start.
Virus writers and hackers are using the Erin Andrews peephole video as a lure to infect you with malware on your Mac or PC. Watch this video from Sophos to find out more.