Stop Credit Card and Insurance Junk Mail

How do banks and insurance companies know to send you credit card and insurance-policy offers? Because banks and insurance companies buy your personal information from consumer reporting agencies (“CRAs”), which are glad to sell your information and profit from it. To the CRAs, you are the product—not a user, not a customer. The CRAs monetize […]

Have you been Sued by Mariner Finance, LLC?

If you’re here, it’s mostly likely because Mariner Finance sued you. We may be able to help. We’ll evaluate your case at no cost to you. Specifically, we will look for counterclaims you may have against Mariner Finance for violations of the Kentucky Consumer Protection Act (“KCPA”), the Federal Truth in Lending Act (“TILA”), and […]

An Unconstitutional Statute that Refuses to Die

In Kentucky, husbands are legally responsible for their wives’ medical debts, but not the other way around. Please help me change that.             KRS 404.040 provides: The husband shall not be liable for any debt or responsibility of the wife contracted or incurred before or after marriage, except to the amount or value of the […]

Lexington Judge Says NO to UK HealthCare using the KY Dept. of Revenue as its Debt Collector

Since 2006, the UK HealthCare has been using the Kentucky Department of Revenue as its collection arm. This cozy relationship empowered UK HealthCare to garnish bank accounts, wages, and tax refunds without any judicial oversight. This essentially practice essentially strips the consumer of all due process rights. In addition to the recovery of debts, the […]

Don’t Let ID Thieves Steal your Tax Refund

According to a report from CNBC, tax-refund theft is expected to “hit a whopping $21 billion.” ID thieves could steal your refund. Cyberscout postulates that “[w]ith more than a billion personal records “out there,” identity theft has become the third certainty in life, right behind death [and taxes].” Tax-refund theft could hit the poor and the […]

Student-Loan FDCPA Collection Case

A Colorado District Court recently denied a debt collector’s motion to dismiss the complaint in Fair Debt Collection Practices Act (“FDCPA”) case concerning the collection of student loans. Breckinridge v. Vargo & Johnson, P.C., 16-CV-1176-WJM-MEH, (D. Colo. Dec. 7, 2016). Even though the Higher Education Act does not create a private cause of action for […]

Turning the Tables on Debt Buyers—Using Arbitration as a Defense to a Collection Lawsuit

Turning the Tables on Debt Buyers— Using Arbitration as a Defense to a Collection Lawsuit Arbitration clauses in consumer contracts are the result of legal evil geniuses’ perversion of the law to defeat consumer rights, to avoid litigation, and to prevent culpable companies from being held liable for damages on a class-wide basis. Courts unfortunately […]

New News (to me anyway)

Here are some recent stories I found interesting that intersect with practice: ID Theft is on the Rise The FTC received 490,000 Identity Theft complaints in 2015. This represents a “47 percent increase over the prior year, and the Department of Justice estimates that 17.6 million Americans were victims of identity theft in 2014.” College […]

PRA Garnishing your pay or your bank account?

Has Portfolio Recovery Associates, LLC (“PRA”) garnished your wages or bank account? If so, chances are very good that PRA has taken money from you that it has no legal right to recover from you. We can help you get that money back in addition to up to $1,000.00 in statutory damages. PRA is the second biggest, […]