July 25, 2009

Video - Testimonial Of Alabama Consumer Regarding Debt Buyer Lawsuit By LVNV

Tim Barnes is a client in Alabama who was sued by LVNV, a famous debt buyer, and he came to see us as he had no idea what the lawsuit was about or why he was being sued. We were able to explain to him many of the items contained in our free report "Five Secrets Debt Buyer Don't Want You To Know About When They Sue".

We hope you enjoy this short (48 second) video and that it is helpful to you.


Let us know if we can help you in any way.

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July 15, 2009

Debt Collectors And Credit Reporting Agencies - Even Closer Now....

We have often sued debt collectors and credit reporting agencies (Equifax, Experian, Innovis, and Trans Union) for working hand in hand to illegally force consumers to pay money they don't owe. It may be because the consumer never owed the debt or that the consumer discharged the debt in bankruptcy - but by "parking" an account on the consumer's credit report, money can be taken from the consumer in order to restore the consumer's credit report.

According to this press release, Trans Union will now offer the listing of Fair Debt Collection Practices Act cases to collectors to see if the debtors in the collectors' database have filed suit.

Here is the heart of the press release:

TransUnion announced today that it will utilize data from FDCPA Case Listing Service LLC to provide an added feature for batch records delivered via TransUnion's Collections Prioritization Engine. The new solution is named FDCPA Case Search and allows TransUnion to alert collectors about accounts that may have previously been involved in FDCPA litigation to assist collectors in determining strategy.

"Consumer lawsuits against collection agencies have become more prevalent and they can prove to be costly for debt buyers and both first- and third-party collectors," said Scott Carter, group vice president of TransUnion's collections vertical. "With an annual subscription to TransUnion's FDCPA service, collectors can utilize the solution for a cost-effective means to help handle debtor accounts that may have potential to result in a legal action."

According to FDCPA Case Listing Service, 5,383 cases were filed in 2008 against collection agencies in U.S. District Court for alleged violations of the Fair Debt Collections Practices Act (FDCPA). This represents a 41 percent increase in FDCPA litigation in 2008 in Federal Court over 2007 case volumes. Case volumes in 2009 are expected to exceed 7,300 for the calendar year.

"This is a great day for agencies, debt buyers, and creditor rights law firms," said Bill Pinkney, founder of FDCPA Case Listing Service LLC. "So many companies have approached us looking for a completely integrated solution to accompany their current work flow strategy. Our product is a perfect complement to TransUnion's Collection Prioritization Engine which is why we've partnered with them. Given the increases in placement volumes, the ability for agencies, debt buyers, and creditor rights attorneys to accurately and systemically identify these accounts is critical."

It will be interesting to see what collectors do with this information and it will provide an interesting area for us to conduct discovery in to see if the collector knew our client was represented or how our client was treated differently because he or she had previously filed suit against an abusive collection agency.

If you are dealing with harassing debt collectors and you live in Alabama call us at 205-879-2447 or fill out our website contact sheet or fill out the contact form to your left on this blog. We look forward to helping you and we can also send you our free reports on debt collectors calling third parties and leaving illegal voicemails - just let us know you would like these.

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July 14, 2009

Explosive New Lawsuit Against The National Arbitration Forum (NAF) By State Of Minnesota

We have known of the widespread perception that the NAF is beholden to debt buyers and credit card companies and now the behind the scenes revelations in a new lawsuit are shocking. It is much worse that we thought.

We will post the pdf of the complaint filed by the Attorney General of Minnesota Lori Swanson but for now here are some exerpts:

1. Just about every American has a credit card. The credit card companies often require—deep in the fine print of the consumer agreement—that the consumer forfeit his or her right to have any dispute resolved by a judge or jury. Instead, the agreements often require that any disputes be resolved exclusively through a private system of binding arbitration—and frequently through the National Arbitration Forum. The Forum represents to the public, the courts, and consumers that it is independent, operates like an impartial court system, and is not affiliated with any party. The consumer does not know that the Forum works alongside creditors behind the scenes—against the interests of consumers—to convince creditors to place mandatory pre-dispute arbitration clauses in their customer agreements and to appoint the Forum as the arbitrator of any disputes that may arise in the future. The Forum does this so that creditors will file arbitration claims against consumers in the Forum, thereby generating revenue for it.

2. The consumer also does not know—and the Forum hides from the public—that
the Forum is financially affiliated with a New York hedge fund group that owns one of the
country’s major debt collection enterprises. Beginning in 2006 and through 2007, Accretive,
LLC (a family of New York hedge funds under the control of an investment manager named
J. Michael Cline and his associates), engineered two transactions. In the first transaction,
Accretive formed several private equity funds under the name “Agora” (meaning “Forum” in
Greek), which in turn invested $42 million in the National Arbitration Forum and obtained
governance rights in it. In the second transaction, three of the country’s largest debt collection
law firms (Mann Bracken of Georgia, Wolpoff & Abramson of the District of Columbia, and
Eskanos & Adler of California) merged into one large national law firm called Mann Bracken,
LLP. Accretive then formed and funded (partly using federal money from the U.S. Small
Business Administration) a debt collection agency called Axiant, LLC, which acquired the assets and collections operations of Mann Bracken.

3. Through these transactions, the Accretive hedge fund group simultaneously took
control of one of the country’s largest debt collectors and became affiliated with the Forum, the
country’s largest debt collection arbitration company. In 2006, the Forum processed 214,000
consumer debt collection arbitration claims, of which 125,000—or nearly 60 percent—were filed
by the law firms listed above. The Forum conceals its affiliations with the collections industry
through extensive affirmative representations, material omissions, and layers of complex and
opaque corporate structuring.

4. Consumers also do not know that—despite representing to the public that it has
“no relationship with any party” and does not “counsel our users”—the Forum works closely
with creditors behind the scenes to: (1) encourage them to file arbitration claims as an
alternative way to collect debt from consumers; (2) draft arbitration clauses, advise creditors on
arbitration legal trends, and in some cases, help them draft claims to be filed against consumers; and (3) refer them to debt collection law firms, which then file arbitration claims against consumers in the Forum. In soliciting creditors to use its arbitration services, the Forum makes representations that align itself against consumers, including, for example, that “[t]he customer does not know what to expect from Arbitration and is more willing to pay,” that consumers “ask you to explain what arbitration is then basically hand you the money,” and that “[y]ou [the creditor] have all the leverage [in arbitration] and the customer really has no choice but to take care of the account.”

The complaint goes on to describe these transactions in detail. We will keep you posted on this story.

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July 11, 2009

New Website On Illegal Debt Collection Voicemails

We have created a new website - www.illegalvoicemails.com that discusses the growing problem of illegal voicemails from collectors.

We will be adding more information to the site including videos but if you have any voicemails from debt collectors, save those messages and head over to the new site which will help you fight back against illegal collection voicemails.

We hope this new site will be helpful to you and look forward to hearing from you. Best wishes!

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