Consumer Protection Law Blog

Denial of The Right to Reinstate

November 11, 2011

An earlier post details the two rights a California consumer generally has to get his or her car back following repossession or voluntary surrender of a car. To recap, the first right is to “reinstate” the car loan by paying all amounts past due, plus any applicable delinquency charges, collection and repossession costs. The second…

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Conditional Language re Credit Reporting May Violate The FDCPA

September 25, 2011

In Gonzales v. Arrow Financial Services, LLC, the Ninth Circuit Court of Appeal confirmed that a debt collector’s letter suggesting that debts might be reported to credit reporting agencies violates the Fair Debt Collection Practices Act, if the debts are too old to legally be reported. In Gonzales, Arrow purchased a portfolio of debts owed…

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FIA Card Services Arbitration Settlement

August 27, 2011

The San Francisco City Attorney’s Office has settled its case with FIA Card Services, a credit card issuer and subsidiary of Bank of America. The case involved allegations that FIA forced consumers into binding arbitrations with the National Arbitration Forum (NAF), a notoriously anti-consumer forum in which statistics have shown that less than 2/10 of…

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Defaults In Collection Cases

August 9, 2011

Reports are that the majority of consumer collection actions result in “defaults.” A default is a legal term that means the defendant has not responded to the plaintiff’s complaint within the time period provided by law. In that situation, the plaintiff can ask the court clerk to enter default against the defendant. The plaintiff then…

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