Just a few days ago, the California Attorney General announced the filing of a lawsuit against Chase Bank USA, N.A. and two related companies for fraudulent and unlawful debt collection practices.  The lawsuit alleges that Chase Bank filed a staggering 100,000 debt collection lawsuits in California alone between January 2008 and April 2011.  On a peak day, Chase Bank filed more than 450 lawsuits in a single day.  The lawsuit alleges that, in order to keep up with this pace of lawsuits, Chase Bank cut corners in its debt collection lawsuits in illegal ways, including:

• Robo-signing:  signing affidavits and court documents without having first reviewing them properly to ensure they were accurate
• Sewer service:  failing to properly serve consumers with lawsuit paperwork, while falsely telling the Courts that the consumers were properly served
• Filing irregularities:  including the revealing of consumers’ personal information that could expose them to identity theft, filing false affidavits that are not based on personal knowledge, and failing to determine whether a consumer is in the military service and therefore entitled to additional protections under the law

According to the lawsuit, this is not limited to lawsuits brought by Chase, but also by debt buyers to whom Chase has sold their accounts.  You can click here for more information about the lawsuit filed against Chase Bank, including a copy of the actual complaint filed in court.

In Florida, we have recently seen many lawsuits filed by Midland Funding LLC who claims to have bought the account from Chase Bank or an affiliate.  You may have several defenses against such lawsuits filed by Midland Funding LLC and by any other debt buyer who bought the account from Chase Bank or its affiliates.  Call us today for a free consultation about how we can help you protect your rights, or simply click here to submit an online contact form.

Many debt collectors will offer a settlement agreement or stipulation to a consumer after a lawsuit is filed.  Usually, that agreement specifies that the consumer is to make certain payments every month for a set time period.  Often, the agreement promises that the debt collector will not seek or enforce a judgment, or will simply claim that the consumer can avoid “going to court”, if they only sign the agreement.  Then, when the consumer misses a payment or is short on a payment, significant problems can arise: their bank accounts are emptied, their car is seized, or their wages are garnished.  It is heartbreaking receiving a call from a consumer at this stage, as many of their rights have already been lost.

Countless times, after reviewing the lawsuit documentation, we are able to identify valid affirmative defenses that the consumer could have asserted to prevent the entry of a judgment.  However, most settlement agreements require that you give up your rights to defend the lawsuit.  Sometimes, they require you to agree in writing that you owe the debt – even if this isn’t true!  We have even seen settlement agreements / stipulations that give up your legal right to shield some of your money from judgment creditors.

Before you agree to sign such a settlement agreement, we would be pleased to review it and advise you of your rights and obligations.  For example, perhaps your income and assets are exempt from seizure if the debt collector obtains a judgment against you.  This may include your social security, disability, worker’s compensation, unemployment, wages/salary of the head of household, and other income or assets.  Why would you voluntarily want to give your money to a debt collector if they have no legal right to take it?

Unfortunately, if you aren’t aware of your rights, you may lose a significant portion of your funds that you could otherwise spend on essentials.  Don’t lose those rights – contact us today for a free consultation.

A recent story on WESH.com dealing with auto fraud caught my eye.  According to the story, a dealership called “V-12 Auto Sales” in Orlando has been charged with falsifying titles for vehicles in order to make a profit.  A dealer breaking the law in order to make more money is not what caught my eye, as that happens way too frequently.  What really stood out to me is that another car dealer, who had allegedly been ripped off by V-12 Auto Sales, indicated they were going to sue that dealership to try to recover their money.  In other words, this is a case involving one car dealer suing another car dealer for auto fraud!

This is especially ironic, given that the car dealers and their lobbyists in Florida are hard at work right now trying to restrict the rights of consumers to sue for auto fraud.  Apparently, some Florida car dealers believe consumers should have reduced rights to sue them for auto fraud, but that those same dealers should have full rights to sue other car dealers for auto fraud without those same restrictions.  Click here for a description of how Florida politicians, with the backing of the car dealer lobbyists, are trying to eliminate important rights for consumers who have been defrauded by car dealers.

When it comes to Florida car dealers and auto fraud, apparently what is good for the goose is NOT good for the gander.

The Florida legislature is poised to enact legislation (SB 292) that would make it significantly harder for consumers to enforce their rights if they’ve been victimized by fraudulent car dealers.  As a Florida consumer protection lawyer, I frequently see how car dealers rip off consumers: rolling back odometers, selling rebuilt wrecks without disclosure, selling defective vehicles, lemon law violations, financing frauds, sale price mark-ups, selling unnecessary products in a practice known as payment packing, increasing interest rates, etc.

Despite the almost boundless creativity of some car dealers in victimizing Florida consumers, they have convinced their loyal politicians that consumers have too many rights.  Their proposed solution is to force consumers to deal with a convoluted procedure requiring detailed specifications and accounting before they can sue a dealer who has engaged in illegal and deceptive practices.  That’s right – they believe the victimized consumer needs more red tape.  And, even if the car dealer knows they cheated the consumer, they can simply wait 30 days before doing anything about it.  Imagine how your family or your boss would feel if you told them you have no transportation for 30 days.

Under the proposed legislation, not only would a consumer have to itemize every single problem with the car or its financing, but they would also have to specify exactly how much “damages” they have suffered as a result of the dealer’s violation of the law.  If the consumer gets this wrong, they risk not being able to recover their attorney fees even if they prove that the dealer broke the law – or even if the dealer later admits to having engaged in fraud!  If a cheated consumer cannot recover their attorney fees – which a court has to conclude are reasonable – many consumers will be unable to find attorneys willing to represent them; this is exactly what the dishonest car dealers are trying to accomplish.  Essentially, this gives shady car dealers a “get out of jail, free” card – courtesy of the Tallahassee politicians.

These are only some of the reasons that consumer advocates, including me, have roundly criticized this bill and travelled to Tallahassee to express our concerns.  Click here to read a news story about those concerns.  I am also including below the text from my submission to the local newspaper about this bill. 

Bills Hurt Consumers Ripped Off by Car Dealers

Plaintiff: Midland Funding, LLC

Original Creditor: Citibank

Plaintiff’s Attorneys: Joel Lucoff and Armando Vasquez

Plaintiff’s Law Firm: Pollack and Rosen, P.A.

Case Outcome: Case dismissed without our client paying anything

Our client was sued for Breach of Contract and for Unjust Enrichment by the law firm of Pollack and Rosen, PA. Attorneys Joel Lucoff and Armando Vasquez represented Midland Funding, LLC. Midland Funding claimed that it had purchased the alleged debt from Citibank, and that the records reflected that our client owed them money. Our client disputed these claims, and even provided documentation that he had paid Citibank in full. Our client originally tried to defend this credit card lawsuit himself, but Midland continued to prosecute it. Once we were retained by our client, we filed appropriate motions with the Court and sent out discovery requests that would prove our client was correct. Midland Funding then dismissed the case without our client paying anything to them or their attorneys.

If you have a similar situation, or if the debt collector is refusing to listen to you, contact us now. Let our experience defending debt collection cases work for you. We are located in Lake Mary, Florida in Seminole County and accept such cases throughout Central Florida.

Plaintiff (Client) Sued Defendants For: Home Improvement Contract Violations

Defendants: J.T. Construction Inc. and Jeffrey Torres

Defendants’ Attorney: Austin Aaronson Defendants’ Law Firm: Aaronson, Austin, PA

Case Outcome: Client received full refund of all payments

Client Problem: Our client entered into a contract with J.T. Construction to install a new roof on their home.  After receiving the deposit, J.T. Construction attempted to change the contract and delayed beginning work.  Despite repeated attempts to resolve this, J.T. Construction and its owner, Jeffrey Torres, refused to repair our client’s roof and refused to refund our client’s payment.

Outcome for Client:  We filed a lawsuit based on several causes of action.  Shortly afterward, the parties settled the lawsuit, with Defendants J.T. Construction and Jeffrey Torres refunding all of our Client’s payments and also paying the Client’s attorney fees and costs.  As a result, our Client received a full refund of all payments.

If you have tried unsuccessfully to get a refund for work promised by a contractor or any other company, we would be happy to represent you: just click here to send us a message about your potential case.  Our mission is Helping Florida Consumers in home improvement scams, auto dealer fraud, odometer fraud, rebuilt wrecks, yo-yo sales, debt collection lawsuit defense, debt collector harassment, identity theft, defective products, and personal injury / wrongful death cases.

Plaintiff:  LVNV Funding LLC

Original Creditor:  Citibank

Plaintiff’s Attorneys:  Jeffrey Kahn

Plaintiff’s Law Firm:  Wagner, Hunt & Kahn, P.A.

Case Outcome:  Case dismissed without our client paying anything

Our client was sued by the law firm of Wagner, Hunt and Kahn, P.A. on behalf of LVNV Funding for claims of Account Stated, Open Account, Money Lent and Quantum Meruit.  While the original creditor for the credit card was Citibank, LVNV Funding claimed to have purchased the account and sued our client.  We served discovery including Interrogatories, Requests for Production and Requests for Admission on LVNV Funding.  We also successfully defended a motion filed by their lawyers.  Our client did not pay anything to Citibank, LVNV Funding, or their attorneys as a result of this lawsuit, which they dismissed.

If you need an attorney who deals in debt collection defense, FDCPA, debt collection harassment, credit reporting, identity theft, contractor fraud, breach of contract, warranty issues, or auto scam cases, contact us.  We also handle cases involving defective products, personal injury from car accidents and other consumer justice issues, call us toll free for a free consultation.  You can also view more information about our other areas of practice at www.CarSafetyLawyer.com and www.TheAirbagBlog.com.

Plaintiff:  Merrill Lynch / Merrill Lynch Bank, USA

Plaintiff’s Law Firm:  Pollack & Rosen, P.A.

Plaintiff’s Attorneys:  Joseph Harrison and Joel Lucoff

Plaintiff sued under:  Breach of Retail Installment Sale Contract

Case Outcome:  Case Dismissed Without Client Paying Anything

Client Problem:  Our client was sued by Merrill Lynch.  The Law Firm of Pollack and Rosen, P.A. from Coral Gables, Florida and attorneys Joseph Harrison and Joel Lucoff represented Merrill Lynch.  They sued for an automobile repo deficiency.

Outcome for Client:  After retaining us, we put our knowledge of the law in the areas of debt collection, auto repossession, and deficiency judgments to use to defend the case.  We filed our answer and affirmative defenses, as well as various notices and motions.  We were successful in winning the case at a court hearing before trial.

Contact us if you have been sued and need an experienced Seminole County consumer lawyer to defend your debt collection case or auto deficiency case after a repo.  Don’t be victimized by any unfair or deceptive practice by a car dealership, such as odometer fraud, car sales fraud, spot delivery / yo-yo / bait and switch financing, undisclosed rebuilt wrecks, financing fraud, or a refusal to honor warranty.  These laws also apply to motorcycle dealers, truck dealers, scooter / trike dealers, and RV dealers, as well as car dealers.  We would be honored to represent you.

Plaintiff:  Razor Capital, LLC

Original Creditor:  Wells Fargo

Plaintiff’s Attorneys:  Desiree Andreu

Plaintiff’s Law Firm:  Law Offices of Andreu, Palma and Andreu, PL

Case Outcome:  Case dismissed without our client paying anything

Our client was sued by Razor Capital, LLC for claims under Account Stated and Unjust Enrichment, with reference to the National Banking Act.  Attorney Desiree Andreu represented Razor Capital, LLC.  After being retained, we filed the appropriate paperwork with the Court.  The case was dismissed without our client paying anything to Wells Fargo, Razor Capital or their debt collection lawyer.

While we handle personal injury cases in which someone was injured or killed by a defective product throughout Florida, we also handle credit card cases and other consumer protection cases in Seminole County, Orange County, Brevard County and Volusia County.

We have handled numerous consumer protection cases; let our experience work for you.  While the specifics for each case are different, and no one can guarantee the outcome of a case, we can guarantee we will keep you informed every step of the way.  We respect your privacy and will not put your last name or any dollar amount on any of our websites.  We have been in practice for 14 years and still do not charge our clients for phone calls, normal mailings and postage, copies or faxes.

Contact us for a free no obligation consultation at 1-888-834-5297.  We are conveniently located in Lake Mary, Seminole County, Florida with parking right outside our door.  Don’t wait until it’s too late, our consultations are always free.  If you are being sued on a credit card in Seminole County or Brevard, Orange or Flagler, we will be happy to meet with you at any time, including evenings or weekends.

Plaintiff sued for:  Breach of Contract, violation of the Florida Deceptive and Unfair Trade Practices Act

Defendants:  Big Red Powersports LLC, Performance New Tampa, Inc. and American Honda Finance Corporation

Case Outcome:  We obtained a full measure of justice for our client

Client Problem:  Our client purchased a motorcycle from Big Red Powersports in Orange County, Florida.  At the same time, he also purchased insurance policies through the dealership.  After making many months of payments, he discovered that the dealership had never obtained the insurance.  Before retaining us, our client tried to resolve this issue with the motorcycle dealership on his own, but that proved unsuccessful.

Outcome for Client:  Our client obtained the justice he deserved after retaining us.  If you purchased a motorcycle or anything else for which you did not get what you paid for, contact us now.

You don’t have to go through a stressful ordeal alone.  We offer free consultations and will be happy to speak with you about your lawsuit, whether you are being sued or need to sue someone.  We are here for consumers who need protection from fraud and other wrongdoing by dealerships, manufacturers, contractors and others.

Plaintiff: Target National Bank / Target Visa

Original Creditor: Target National Bank / Target Visa

Plaintiff’s Attorneys: Arthur Rubin and Aaron Velmosky

Plaintiff’s Law Firm: Rubin and Debski, P.A.

Case Outcome: Final Judgment in favor of our client

Rubin & Debski filed their credit card lawsuit against our client, claiming that there had been a breach of contract under the terms of the credit card agreement.  We filed several motions, including a Motion for Summary Judgment, based on our knowledge of the applicable Florida laws, court rules and rules of evidence.  The Court then entered a Final Summary Judgment in our client’s favor, even without a trial.  This meant that our client had won, and did not have to pay anything to Target National Bank.

We are here to defend you in credit card lawsuits filed in Orange County, Seminole County Flagler County, Lake County, Brevard County and Volusia County.  If you have been sued by a credit card company or other debt collector, put our knowledge and experience to work for you: click here to contact us for a free consultation.  Or, if it’s more convenient for you, simply call us toll-free at 1-888-834-5297.

My first case in law school dealt with a landlord tenant case.  My client was sued by the landlord trying to evict her, but I was able to keep her in her home.  More rewarding than winning the case was seeing our client’s expression when she realized she had won.  I remember the countless thank you’s as if it were yesterday.

When I established my law practice in 1998, I decided to represent only consumers, and to provide personal attention to each and every client.  That personal service continues today.  When you call our firm, you will not have to identify yourself by a case number or wonder who will answer your questions:  ours is a family practice, and you will speak with my wife and office manager, Tina, or me.  We will make ourselves available at a time convenient for you, including evenings and weekends.  After all, questions arise at all hours of the day, and not just between 9:00 a.m. and 5:00 p.m.

Tina and I both believe it is important to give back to the community, so we proudly support and sponsor many charities.  We have volunteered for many charitable groups, including our church, Meals on Wheels, Seminole County Animal Shelter, and several legal services organizations.  Helping Florida Consumers is not just a tag line, it is something we strongly believe in.

I have given many presentations to community groups, and have been interviewed by several news stations and newspapers.  My practice of consumer protection law includes debt collection defense, abusive debt collectors/Fair Debt Collection Practices Act, credit reporting/Fair Credit Reporting Act, auto dealer fraud/lemon law, and defective products, including those that cause personal injury.

When creating my website, I decided it was important to respect our clients’ privacy.  That is why we do not identify any clients by last name or case number; nor do we list the dollar amounts we have recovered on behalf of our clients.  You also won’t see us on a billboard or in a TV commercial, but instead you may hear about us from our past clients.

Unfortunately, some people do not call an attorney because they think they can’t afford one or because they had a bad experience with a prior lawyer.  That is unfortunate, because everyone deserves an experienced attorney they can trust.  Everyone deserves to have their questions answered by an attorney throughout their representation and not just at the initial consultation.  As a consumer protection attorney and former automotive engineer, I am here to assist you from beginning to end.  Don’t go through your lawsuit alone, contact us for a free consultation.  Please feel to feel to also visit my other websites www.CarSafetyLawyer.com and www.TheAirbagBlog.com.