Blog

Student loan debtors do have options in solving any problems with repaying student loans. If such debtors are overwhelmed or unable to afford a monthly payment, they should immediately contact the loan servicer. A qualified student loan attorney may also provide invaluable assistance. The servicer should provide information regarding any…

The Fair Credit Reporting Act (FCRA) provides individuals with many rights related to the collection and dissemination of their credit history. Here is the second part of a summary of their major rights under the FCRA: Consumer reporting agencies (CRA) may not report outdated negative information. Thus, negative information more…

I often meet with individuals who are shocked because they recently found out that a lawsuit had been filed against them months or even years earlier. They came to find out about the action after the plaintiff obtained a final judgment and was attempting to collect on the judgment. There…

One of the many differences between a chapter 7 and chapter 13 bankruptcy is that; the filing of a chapter 13 bankruptcy allows the debtor to retain its unexempt assets while making payments towards its creditors. The percentage that is paid back to the creditors ranges from one percent to…

The Fair Credit Reporting Act (FCRA) protects consumers by providing them with rights related to the collection and dissemination of their credit history. States may enforce the FCRA, and many states have their own consumer reporting laws. In some cases, individuals may have more rights under state law. Here is…

A 2016, U.S. Supreme Court case, Spokeo v. Robins, in a 6-2 vote, ruled that individuals suing under the Fair Credit Reporting Act must demonstrate “concrete” harm rather than merely allege the existence of a technical legal violation of the statute. This supports the view that simply listing the elements of a statutory claim…

The United States Middle District of Florida recently denied Navient Solutions, LLC motion for partial summary judgment based on the argument that student loan servicers servicing government student loans, like Navient Solutions, LLC, are not shielded from actions violating the Telephone Consumer Protection Act (TCPA). This determination stems from the FCC’s…

Many people, including Lawyers and Judges, discuss “paragraph 22” as a defense. This is a condition precedent to foreclose in the State of Florida, where the Bank is required to send the homeowners a notice of default prior to filing a foreclosure case. In the Home Owners Association (HOA) context,…

A federal law, the Fair Credit Reporting Act (FCRA), protects consumers by providing them with many rights related to the collection and dissemination of their credit history. If a credit reporting agency (CRA) or other entity violates the FCRA, an individual may suffer some harm, typically economic. Inaccurate information on…