Debt Collector FDCPA Prohibitions Checklist

The Fair Debt Collection Practices Act is basically a checklist for debt collectors, a list of things they must do and things they cannot do. With some regularity, someone actually breaks it up into a list. Consumerist just put together a list of 23 things debt collectors may not do, which includes the obvious:

    3. Use threats of violence or harm;

or

    5. Use obscene or profane language;

As well as the not-so-obvious:

    17. Use a false company name;

and

    21. Contact you by postcard.

This list is far from complete, but it is a good place to start. It is also worth pointing out that these prohibitions only apply to consumer debts; they do not apply to business debts. (Via Consumer Law & Policy Blog)

Avoid Refund Anticipation Loans

It’s a new year, and time to start thinking about taxes. Which means it is also time for another warning about refund anticipation loans.

Refund anticipation loans are very similar to payday loans; they are short-term, high-interest loans made in anticipation of future income — your tax refund, in this case. And they are a bad deal.

The best interest rate you can expect from a refund anticipation loan is around 36% APR. That is two or three times the rate someone with decent credit can expect to get from a credit card. But APRs of 100% or more are still common. That means if you paid the loan back in one year, you would actually pay back twice the amount you borrowed.

In other words, the math doesn’t make sense. It is much better to just wait for the check from the IRS.

Should Debt Buyers Have a Higher Burden?

I’ve said as much, and the Minnesota Attorney General thinks so, too. Well, actually, she thinks “a debt buyer should have admissible evidence” to back up its claims. That’s not really a higher burden; it’s what the law requires. Except in cases of default, which is what debt buyers really want, after all.

The reason this is even an issue is that debt buyers often file thousands of lawsuits without the ability to back up their claims. They often have faulty information, and frequently get default judgments, which gives them the right to garnish bank accounts.

The ability to garnish bank accounts is serious. It gives debt buyers the right to freeze money in a defaulted defendant’s account before the court is even aware of the lawsuit. This is too serious to allow without knowing whether or not the debt buyer can even produce evidence to support its claims.

When You Call a Lawyer, Have a Pen and Paper Handy

call-a-lawyer-pen-paper

Never call a lawyer without a pen and paper in front of you. During at least 90% of the calls I receive from people looking for a lawyer, I tell them something they need to write down. These days, it is often the name of a lawyer who can actually help them, since I no longer take consumer cases; formerly it was a list of documents I needed, directions to my office, or things I needed them to do before I could consider taking their case.

There are few things more frustrating than waiting while the person on the other end of the phone apologizes for not having a pen and paper and fumbles around in their purse, asks a waiter for them, or, worst of all, asks me to call them back later in the day. All these happen to me, with regularity, despite the fact that most of the time I am only trying to give a referral to another lawyer.

So when you call a lawyer, be prepared. This is especially true if you are going to ask the lawyer to represent you on contingency, because lawyers who do contingent-fee work want to know that they can rely on their clients. Whether you have a pen and paper handy won’t make up their mind, but it can’t hurt, and it might help.

(image: http://www.flickr.com/photos/simplerich/5462330040/)

Patent Trolls Find More Victims: Scanner Users

Imagine you are a patent troll, holding onto a portfolio of patents you can only assert against a handful of companies. At some point, you start running out of victims. So why not invent some more?

That’s what a group of companies with names like AccNum, AllLed, AdzPro, CalNeb, ChaPac, FanPar, FasLan, FulNer, GosNel, and HunLos do. They send out copies of a letter like this to small companies:

Apparently, something like 18% of companies that receive the letter do actually pay, according to Ars Technica. Why? Fear, I guess. And as Ars points out, invalidating these almost-certainly-invalid patents would be difficult or impossible, and would definitely be expensive. Similar to debt collectors sending thousands of robo-signed demand letters at a time, these patent trolls have found a sort of loophole in the system that allows them to engage in a sort of legalized extortion.

Should Retail Stores Provide Selection or Curation?

While buying gifts this year, I found myself in the monument to consumerism, the Mall of America. To get my bearing, I did a lap to see if I could find what I wanted: a pair of shoes and an insulated travel mug for my wife. Although there were dozens of stores at which I could have bought my gifts, I only walked into two: Williams-Sonoma and Clarks.

That’s because I did not want to stand in front of a wall of insulated tumblers with no indication of which will do the best job. I just wanted a good tumbler, and I didn’t want to have to think too much about it. Williams-Sonoma only carries high-quality stuff, and as it turned out, they only carried one travel mug in two sizes. It’s awesome, and my wife loves it.

Keep reading

Wells Fargo Finally Adds Mobile Payments to its Horrible iOS and Android Apps

Wells Fargo has finally added mobile deposits to its piss-poor app for iOS and Android.

On the one hand, this is awesome. Making deposits using the camera on your iPhone or Android phone is way more convenient than going to a branch — especially if you don’t have a branch nearby. On the other hand, practically every other bank in the country has been doing this for something like five years, and Wells Fargo’s mobile app is one of the worst I have used.

Still, the convenience is worth the hassle, if you aren’t willing to switch to a more tech-savvy bank. If you want to try it, get the apps here: iOS / Android.

Scranton, PA, Outsources Garbage Bill Collection, Gets Flood of Complaints

Sometimes administrative errors cause real problems for real people. From Consumerist:

Typically, the notices of delinquent bills get mailed in late January to mid-February, but this year there was a transition to a new collection agency, which delayed the process.

That same transition mucked up the city’s ability to easily figure out which property owners still owed some or all of their $178 annual fee for the last 10 years. Instead, the collection company was authorized to use the city’s written records to put together a database of who still owed money.

It sounds like they send collection notices to a lot of people who already paid. Residents are pissed, but the city seems to think it’s no big deal. “If a property owner can produce proof of payment, such as a receipt or canceled check, [the city treasurer] will certify that the fee was paid.” I’m sure that will be great comfort to everyone who has kept 10 years of receipts and canceled checks.

Read “Scranton sends out delinquent garbage bills from 1999 through 2011” on the Scranton Times-Tribune.

(photo: http://www.flickr.com/photos/wsdot/3251886214/)

RIAA Celebrates 15-Year Jail Sentence for 5 Copied Movies and 1 CD

The case, which was investigated by the Attorney General’s office and Hazlehurst Police Department, eventually saw King plead guilty to the sale of the five DVDs and one CD. But despite his apparent cooperation, King received the harshest sentence for a copyright infringement offense that we’ve ever seen.

Judge Lamar Pickard in Copiah County Circuit Court ordered King to serve a total of 15 years in jail to be followed by three years supervised release.

Look, profiting from illegally-copied movies and music may be piracy, but 15 years is absurd. You’d get less time for burglary. Here’s the response from the RIAA:

This sentencing demonstrates that theft of intellectual property is treated as a serious crime in Mississippi and highlights the fact that the individuals engaging in these activities are frequently serial criminals for whom IP theft is simply the most convenient and profitable way they could steal from others.

We extend our thanks and appreciation to Attorney General Hood for his leadership in IP enforcement and to the dedicated law enforcement officers and prosecutors who worked on the case.

It’s interesting to see the RIAA say that movie and music pirates are “frequently serial criminals,” since it also acknowledged that file-sharers/pirates are also the biggest fans of its artists, and spend more money on movies and music, in general. Also felons, apparently.

Read “RIAA Celebrates 15 Year Jail Sentence For Movie and Music Pirate” on TorrentFreak (thanks, Danny!).

The Revolution Will Not Be Televised Due to Our Blackout Policy

The revolution will not be televised, but if you have a cable subscription, you can log in to WatchRevolutions.com and use their authenticator to watch the revolution. Just provide your username and password, and you will have access to the revolution live, plus alternate angles, commentary, and the ability to share your login with up two more IP addresses.

Read THE REVOLUTION WILL NOT BE TELEVISED. at McSweeney’s.