September 17, 2011
September 4, 2011
All Past Issues Of Consumer Power Newsletters Online!
For several years we have sent out every Thursday (except when I am running late!) a free email newsletter where we talk about suing collection agencies, defending against collection lawsuits, correcting errors on your credit reports, fighting wrongful foreclosures, protecting against identity theft, and other consumer issues.
We call it "Consumer Power" as our intention is to give you knowledge and to give you encouragement to take action. Knowledge plus action is truly power and we want to empower consumers.
We have now set up a website, ConsumerPowerNewsletter.com, where we have all of the back issues. Usually a day or so after we put out our weekly newsletter, we will have the new issue up.
Feel free to check it out and let us know your thoughts, comments, and suggestions.
Thanks so much.
John Watts
July 29, 2011
Will I Be Alone When The Debt Collector Lawyer Takes My Deposition?
Clients often have a lot of fears about depositions and we understand this because it is a new and sometimes strange process.
We ask our clients as we prepare them for depositions “What are your fears or concerns about giving a deposition in your case?”
One comment we hear is that they are afraid that they will be tricked because they will be alone with the other lawyer in the conference room where the deposition is taking place.
Please understand that if we represent you, we will be with you in the deposition. Our role as your lawyer is to object to any improper questions. This is true of any personal injury or consumer lawyer that we know – they will be with you during your deposition.
So please understand that while the process of a deposition may seem somewhat strange, and we address this through our extensive deposition preparation, which can take place over a number of days, you will certainly not be alone. Instead, we will be there with you to make sure that the questions are proper and appropriate.
We hope that this relieves at least the concern about being alone in the deposition and we will have other articles which will discuss other aspects of depositions that we hope you will find helpful as well.
May 18, 2011
Why We Sue Abusive Debt Collectors
When people ask us what we do we respond "We sue abusive debt collectors."
Some people like this. Some people don't. But everyone seems to have an opinion on it.....
Here are some reasons why we sue abusive collectors:
Consumers who owe the debt should pay it but they should not be mistreated by collectors. Just like if you speed, you should take care of that but you would not expect to be beaten or shot just because you are speeding. In the same way, just because you owe a debt does not mean the collector should be unfair, dishonest, treat you with a lack of respect or treat you without dignity.
When collectors abuse consumers, this leads to marriages breaking up, jobs being lost, unnecessary bankruptcy filings to stop the abuse and it also leads to invasions of privacy. These are social ills that are not needed. We can't stop all of these, but we can help to stop the ones that occur because some collection agency thinks it is above the law and can abuse consumers.
We also sue abusive collectors because the honorable collectors, the ones that follow the law, should not have to compete against cheaters that do break the law. In school we don't want to be graded compared to a cheater or have our kids compete with cheaters. In sports we don't tolerate teams that cheat -- they get penalized and they lose the benefits (think of a penalty flag in football and what happens). No-where do we tolerate cheating and by suing abusive debt collectors we help to level the playing field so that the honest, respectful, truthful, and dignified collectors can do their job.
Usually after we explain why we sue abusive debt collectors, folks we talk to (no matter their politics or financial situation) "get it" and applaud it.
Unless we are talking to abusive collectors.
Well, they want the other abusive collectors sued so they will be the only ones that can cheat.
Our solution -- sue as many of them as we can to help encourage them to change....
If you live in Alabama and are experiencing a debt collector trying to collect a debt from you that isn't yours, or if you are being harassed by a debt collector, and have questions or concerns, feel free to contact us through our website or by calling 205-879-2447.
You can join our Facebook Fan Page - Alabama Consumer Protection Attorneys where we share useful information about the same types of issues that we cover in this blog.
You can also sign up for our free email newsletter sent out every Thursday morning - we cover topics such as the one in this post. We would love to include you! Just fill out the form below:
December 8, 2010
Consumer Laws You Should Know
Investopedia.com has posted an article that gives a good outline of consumer laws that you need to be familiar with to protect yourself.
- Warranties and Service Contracts:
Almost every piece of merchandise you can buy comes with some kind of warranty that basically gurantees it will work as described. Two types of warranties are included: the express warranty and the implied warranty. The express warranty comes directly from the seller and can be written and included with the item, oral, or seen in an advertisement and guarantees the item, whether purchased new or used, will function correctly for a given amount of time.
The implied warranty is automatically provided by the law. Implied warranties say that the retailer of the purchased item guarantees that it will work as long, as it's used for the intended purpose, or you can return it. According to the Federal Trade Commission, an implied warranty can last up to 4 years. Whenever you buy something, it's important that you get the specifics of the warranty in writing.
-"Dealing With a Warranty Breach"
Ana Gonzalez Ribeiro, writer of the article, says that:
If a warranty is breached, get the item replaced or repaired by the seller. If that doesn't work, try resolving the dispute through mediation. If that fails you have the right to sue the manufacturer or seller. Service contracts cannot be canceled after you signed them, but according to the FTC, there is a cooling off period where under certain circumstances, you might be able to void a contract. Contact the Federal Trade Commission (FTC.gov) for information on the right way to approach your particular situation.
To file a complaint against a company or seller, you can contact the Consumer Product Safety Commission of the FTC or contact a local prosecutor and ask for the consumer fraud division.
- Avoid Scams
Scam artists always use whatever is happening to you for their advantage. For example, since the housing crisis began in 2008, there has been a surge of scams that posed as foreclosure "rescues" and ultimately caused homeowners to lose their equity. Social networking websites like Facebook have also made scamming more common for a consumer to experience and easier for a scam artist to pull off. To avoid being a victim of a scam, use a credit card when shopping online instead of a debit card. Debit cards offer much less protection and can give the scam artist access to your savings account as well.
- Watch Out for Scams
Closely watch your monthly bills for items that you may not have purchased. If you don't recognize a transaction you should contact the billing company in writing. If you suspect it's a fraudulent charge, let the credit card company know no later than 60 days after you notice the charge. Using a seperate email address for online shopping helps cut down on the amount of spam you receive. You should never respond to emails that ask you to "confirm" a recent transaction because it can be a phishing scam.
- Get the Facts
Monitoring your consumer report can be a huge help when trying to protect yourself. Many people only monitor their credit report and not their consumer report.
Under the Fair and Accurate Credit Transaction Act (FACTA) amendments to the federal Fair Credit Reporting Act (FCRA), you are entitled to a free copy of your consumer report, at your request, once every 12 months. Financial institutions use the information contained in this report to determine risk regarding bank accounts. Consumers usually find out about this report only after there has been negative information reported (mishandled accounts and so on). Again, this report can be obtained annually for free from credit reporting agencies. It contains accounts opened in your name and checks ordered in your name. However, it is not the same as the free annual credit report. This report is a completely separate report that the mass majority of consumers only find out about after they have been declined by a financial institution to open a checking or savings account. The majority of banks and credit unions use the information contained in the report to approve, decline or determine what type of account if any can be opened at their financial institution. Consumers who have a negative report may not be able to open a checking or savings account for five years.
If you have had problems with consumer or credit reporting errors, or have been the victim of a scam, and have questions or concerns, feel free to contact us through our website or by calling 205-879-2447.
You can join our Facebook Fan Page - Alabama Consumer Protection Attorneys where we share useful information about the same types of issues that we cover in this blog.
You can also sign up for our free email newsletter sent out every Thursday morning - we cover topics such as the one in this post. We would love to include you! Just fill out the form below:
July 29, 2010
How To Be A Good Consumer Lawyer
The Indiana Consumer Lawyer Blog has posted an article that provides some tips on being an effective consumer lawyer.
One of the most important things you can do as a consumer attorney is to listen to your client and then fully answer and explain their questions or concerns. Robert Duff, the writer of the article, compares this to going to see a doctor. If you were injured and told you had to have surgery, you would certainly want the doctor to thoroughly explain how surgery would repair the injury and what recovery time would be like. You would want the doctor to take his time with you and understand that your injury has hugely impacted your life and you wouldn't be there talking to him if you didn't need his expertise.
The same is true for attorneys and their clients. People come to attorneys when they have a problem dominating their lives, such as with an abusive debt collector, been sued by a debt collector, have credit report problems or a multitude of other reasons. They want and need a complete explanation for the solution to their problem.
There is also a lesson for consumers in this, too. Educate yourself, do research, get second opinions and be proactive when deciding on an attorney to hire.
If you have further questions or concerns, feel free to contact us through our website or by calling 205-879-2447.
You can join our Facebook Fan Page - Alabama Consumer Protection Attorneys where we share useful information about the same types of issues that we cover in this blog.
You can also sign up for our free email newsletter sent out every Thursday morning - we cover topics such as the one in this post. We would love to include you! Just fill out the form below:
January 11, 2010
New Article - Why We Are Consumer Protection Attorneys
We are often asked questions such as "Why are you guys consumer protection lawyers" or "what is a consumer protection attorney" and we wrote an article on our website to help answer these types of questions. We hope it is helpful to you and let us know if you have any questions - either contact us through our website or call us at 205-879-2447.
You can also sign up for our free email newsletter sent out every Thursday morning - we cover topics such as the one in this post. We would love to include you! Just fill out the form below:
Also remember you are invited to our free tele seminar on Alabama Wrongful Foreclosures set for January 19, 2010, at 4 pm CST.
February 19, 2009
Consumer Attorney on WJOX
Our good friend Mike Lindsey has been appearing live on the local sports radio station with Jay Barker, Al Del Greco and Tony Curry in the mornings on WJOX program, The Opening Drive, informing Alabama consumers of their rights against debt collectors and credit reporting agencies. This is valuable information, especially in this time of financial crisis.
As times have gotten tougher, the debt collectors and debt industry have gotten more aggressive in collecting debt, often violating the law. We are hearing more and more stories about debt collectors contacting family members, neighbors and co-workers.
We have worked with Mike and are glad to see he his helping to get the word out. To learn more about Mike and his practice you can go to his website.
You can also sign up for our free email newsletter sent out every Thursday morning - we cover topics such as the one in this post. We would love to include you! Just fill out the form below:
Another resource for you is to join our Facebook Fan Page - Alabama Consumer Protection Attorneys where we share useful information about the same types of issues that we cover in this blog.
