Laws Protecting Consumers from Scams

The laws protecting consumers have never been more important than in this past year. Many people are facing financial turmoil and are behind on numerous payments. That means the door for debt collectors to prey on consumers. Creditors and debt collectors are stepping up their efforts to collect on what they say is owed. Unfortunately, […]

Maginnis Howard Agrees to Settle $7M Class Action with Seterus Inc.

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Maginnis Howard attorneys Edward H. Maginnis, Asa C. Edwards and Karl S. Gwaltney, agreed this week to settle a class action lawsuit with the mortgage servicer, Seterus Inc. The settlement is a result of three years of litigation against Seterus for violating debt collection laws. Thousands of homeowners received threatening “final notice” letters from Seterus […]

Fair Debt Collection Practices Act FAQs

What Does the FDCPA Stand For? The FDCPA stands for the Fair Debt Collection Practices Act. What Does the FDCPA Do? The Fair Debt Collection Practices Act protects consumers from illegal, unfair and deceptive debt collection attempts. What Counts as an FDCPA Violation? There are a number of things that can violate the FDCPA. A […]

Collecting Debt Discharged in Bankruptcy

The Fair Debt Collection Practices Act (FDCPA) protects consumers from creditors collecting debt after having obtained a bankruptcy discharge. While commonly known for preventing certain types of collection methods, the legislation is instrumental in cases of Chapter 7 bankruptcy. Federal courts found that attempting to collect after a bankruptcy discharge is a false representation about the […]

Common Illegal Debt Collection Tactics

It’s easy to feel powerless in the face of collection activity. Confusing letters, intimidating voicemails and seemingly complicated legal notices might lead you to pay whatever is being asked of you or cause you to ignore the matter altogether. However, debt collectors aren’t as untouchable as they may seem—you have rights and they have certain […]

FDCPA Violation Attorneys in N.C.

North Carolina law has included a state debt collection law that are similarly stringent to the federal FDCPA. Both laws are in place to protect you against debt collection abuse by allowing consumers to sue and to obtain actual or statutory damages. The North Carolina law allows consumers to recover damages between $400 and $4,000, […]

Unlicensed Debt Collectors

The U.S. District Court for the District of New Jersey has denied a defendant’s motion to dismiss a putative statewide class action complaint that alleged that the defendant violated Section e(10) of the federal Fair Debt Collection Practices Act (FDCPA), which prohibits the “use of any false representation or deceptive means to collect or attempt […]