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An interesting bill was recently proposed by representative Mia Love from Utah amending the Fair Debt Collection Practices Act (“FDCPA”) and making several pro-consumer changes. The bill was only recently introduced and is probably in part a response to the recent Supreme Court decision of Henson v. Santander which ruled…

I recently had the pleasure of defending one of our clients in a foreclosure action up in Palm Beach. Thankfully, we were able to have the case dismissed due to the Bank’s failure to prove that they could enforce the Note and I wanted to spend some time today discussing…

The United States Court of Appeals for the Second Circuit determined that black letter contract law does not allow a party to revoke consent under the TCPA without the consent of the counterpart to the contact. In Reyes v. Lincoln Automotive Fin. Servs., No. 16-2104 (2d Cir. 2017), the plaintiff’s…

The Supreme Court recently handed down an important decision in the case of Henson v. Santander Consumer USA. The decision ultimately is not very consumer friendly but the ruling was not unexpected and fortunately, Loan Lawyers was ahead of the curve on the issue. The case considered a member of…

The vast majority of Americans are in debt. Some of these individuals will never seek any kind of legal assistance regarding their debt issues, however. They have a misconception that unless they are being sued or their debt is above some threshold limit, that there is nothing an attorney can…

It is well established that consumer protection statutes are to be “construed liberally in order to best serve Congress’ intent” in affording consumers the maximum level of protection available. See McLean v. GMAC Mortg. Corp., 398 F.App’x. 467, 471 (11th Cir. 2010)(citing Ellis v. Gen. Motors Acceptance Corp., 160 F.3d 703, 707…

We see situations where they will use an autodialer but choose a local area code to trick someone into thinking it’s a local call and they are more likely to answer it. If you have any debt collector or telemarketer that is auto dialing your cell phone without your express…

The False Claims Act, which is also commonly referred to as Qui Tam or the Lincoln Law is one of the oldest laws in the United States. The first whistleblower law was enacted into legislation in 1778, with an updated more powerful False Claims Act passing in 1863 during the…

Facing foreclosure in Florida can be a very difficult challenge to someone who does not know the process and the law. You may be considering handling the lawsuit yourself, but that isn’t the smartest option. The Bank will have to serve you a copy of the Complaint and Summons. Once…