Here is an example of a recent federal court lawsuit we filed against Hyundai Capital (also known as Kia Capital) for false credit reporting in violation of the FCRA (Fair Credit Reporting Act).
As you can imagine, Hyundai/Kia deny any wrongdoing.
You can read the lawsuit below — our basic position is that Hyundai negligently or intentionally reported a false balance owed when it knew that our client did not owe any money.
You got sued by a debt buyer — you won. But the debt buyer keeps collecting. Either give up and accept it or fight back.
We suggest fighting back is normally the best option.
This is what our client did when she was sued by the debt buyer/debt collector LVNV and she won her case. But then LVNV hired the rather famous debt collector Northland Group to continue to collect against her.
You can read about a recent lawsuit that our Alabama consumer filed against the famous debt collection firm IC System out of Minnesota. The allegations include that IC System committed false credit reporting.
The moral of this story is to be careful if you are dealing with a collection agency and to check your credit reports to make sure there is no false information from the collection agency.
Alabama consumers are filing lawsuits against the well known debt buyer and debt collector LVNV Funding for violating the Fair Debt Collection Practices Act (FDCPA). You can read about a recent suit against LVNV and a collection lawfirm called Budzik & Dynia, LLC (out of Chicago) that an Alabama resident filed.
Remember when a debt buyer sues you in Alabama, it must prove that you owe the debt and that the debt buyer now owns the debt. From what we see, normally debt buyers will not and cannot do this in Alabama.
Yes — here is an example of Alabama consumers who sued Chase for auto dialed (computer or robo dialed calls) to their cell phones without permission.
If you never gave the creditor permission to call your cell phone, or if you revoke permission, then these annoying auto dialed calls can be illegal under the Telephone Consumer Protection Act (TCPA) and can entitle you to $500 or $1500 per call in statutory damages.
If you live in Alabama and want to discuss your particular situation, please let us know and we’ll be happy to do so. You can call us at 205-879-2447 or contact us through this blog or our website contact form.
Our clients in Huntsville recently sued several mortgage companies before a planned foreclosure that we feel would have been wrongful and illegal.
Foreclosures are still running rampant across our state and when they are illegal and wrongful foreclosures, they need to be stopped or reversed.
Learn about your rights and take the appropriate action to protect yourself.
Remember Portfolio’s slogan about giving debt collection a good name….
You can read a recent Alabama consumer lawsuit against the large debt collector Allied Interstate. This lawsuit relates to alleged abusive collection practices related to a federal student loan.
If you have any similar experiences, let us know as we are curious to see how widespread the problem is with Allied Interstate — we know Allied Interstate has been fined in the past for student loan abuses and we doubt this is an isolated event.
On our redesigned main site of Alabama Consumer, we have posted a new page which details some of the specific cases and allegations brought against the debt buyer LVNV Funding, LLC by Alabama consumers.
We will update this page with additional links to lawsuits. Let us know if you live in Alabama and have experiences with LVNV as we would like to continue to expand our knowledge of what Alabama consumers are facing.
You can follow the link below to read about our client who was sued by Freddie Mac for ejectment (or eviction) after a foreclosure by CitiMortgage.
Many Alabama consumers, unfortunately, just give up even when they have valid claims and defenses.
Our client, however, felt the foreclosure was wrongful and improper and she decided to take action.
Alabama Consumer Law Blog