Consumer Rights

Recent Posts in Consumer Rights

  • Plaintiff S. Azeem used a mortgage loan with Guaranty Bank back in 2006 in order to buy a new home. It is worth noting that her husband at the time – they have since divorced – did co-sign that mortgage but is not actually a plaintiff in ...
  • Debt collectors have used an array of tactics over the years to contact debtors and compel them to make payments toward debt. As our legal team at Sulaiman Law Group, LTD. knows all too well, many of these tactics toe the line of not just human ...
  • The Consumer Financial Protection Bureau (CFPB) released an Outline of Proposed Rules regarding debt collection within a 117-page document, some of which addresses voice messages and frequency of contact, which have been a hotly debated topic for ...
  • 7 Ways You Can Sue a Debt Collector

    Most people want to pay off their debt; however, unfortunate circumstances in life can make it an extremely difficult task. On many occasions, a debt collector will work with those in debt and resolve the issue. However, not every debt collector ...
  • The Consumer Financial Protection Bureau (CFPB), a government agency that ensures consumers are treated fairly by lenders and financial companies, has finalized new rules that require loan servicers to offer more transparency and communication. ...
  • Earlier this year, in July, Judge John Z. Lee approved a $9.25 million settlement between American Express Co., American Express Centurion Bank, and customers who claimed the company and a hired third party, Alorica, made illegal debt collection and ...
  • In July, an Illinois federal court approved a preliminary TCPA class action settlement between American Express and consumers who accused the company of using illegal debt collection methods including telemarketing contact through consumer cell ...
  • Preventing Robocalls Or Fighting Back

    If you are like most of the people throughout the nation, you have received one of the annoying — but sometimes worrisome — phone calls telling you that there is some kind of action against you, or that you owe money. Once you pick up the ...
  • Some U.S. Wal-Marts Already Have Law Firms Inside

    In the May 2016 edition of the ABA Journal, there was a story discussing Axess Law opening up on of their offices in a Canada-based Wal-Mart. At the time, there was joking speculation about law firms soon being in people’s backyards. Another ...
  • What is Charge-Off Date Fraud?

    When a consumer fails to make timely payments and becomes severely delinquent on a debt, their creditor may “charge off” the account, meaning that the creditor does not anticipate repayment in the near future. This in no way affects your ...
  • Bad news for debt collectors: the 11 th Circuit Court held in Johnson v. Midland that debt collectors may face penalties under the Fair Debt Collection Practices Act (FDCPA) for filing proofs of claims in bankruptcy for debts in which the statute of ...
  • According to a recently published opinion regarding the case of Alleyne Sylvester and Celeste Wenegieme v. Bayview Loan Servicing LLC, District Judge J. Paul Oetken granted in part and denied in part Bayview’s motion to dismiss the case. The ...
  • The Office of the Florida Attorney General and the Federal Trade Commission have charged a number of Orlando defendants with bombarding consumers with illegal robocalls in an attempt to sell them sham debt relief and credit card interest rate ...
  • Caribou Coffee Co. Inc. was recently hit with a class action lawsuit out of Wisconsin alleging that the company violated the Telephone Consumer Protection Act (TCPA) when it sent unsolicited text messages text messages to thousands of people without ...
  • Motions to Dismiss Denied in FDCPA/FCRA Case

    A recent FDCPA/FCRA case out of the U.S. District Court Northern District of Illinois Eastern Division resulted in a denial of all attempts by the defendant to dismiss the counts against them. Bayview Loan Servicing, LLC is accused of failing to ...
  • Attorneys Ahmad T. Sulaiman and Matthew H. Hector are the authors of Consumer Defense: A Tactical Guide to Foreclosure, Bankruptcy, and Creditor Harassment: The Luxury of the Informed, a comprehensive guide on consumer law written for lawyers and ...
  • Millions of Borrowers Facing Crushing Loan Costs

    If you’ve ever had to take out a payday loan, you know how expensive they can be. A loan for only a few hundred bucks could easily end up costing a borrower hundreds – or even over one thousand – dollars more in interest payments. ...
  • ROBOCOP Act Brought Before Senate

    Back in April, a bill was introduced in the House of Representatives that would force phone service providers to make it simpler for customers to block unwanted prerecorded and automated calls. The ROBOCOP Act has been sitting idle for a while, but ...
  • How the Telemarketing Sales Rule Protects Consumers

    Let’s face it, telemarketing calls can be annoying. One way the Federal Trade Commission protects your rights is by putting you in charge of how many of these calls you get at home. Through its Telemarketing Sales Rule (TSR), it has established ...
  • New Rules Could Overhaul the Payday Lending Industry

    The Consumer Financial Protection Bureau has proposed a set of new rules aimed at protecting consumers from the cycle of long-term debt that often comes with payday loans. Anyone who has ever needed a payday advance knows that these short-term loans, ...
  • Millions of Americans struggle with old debts they can’t pay back, and live with the uncertainty of knowing that at any moment, they could have their bank accounts or wages seized by collectors. ProPublica has spent years gathering data on how ...
  • The Supreme Court recently threw out the decision made by the Ninth Circuit Court in the case of Spokeo Inc. v. Thomas Robins, which held that a plaintiff does not have a legal right to sue simply by alleging bare, technical violations of statute. On ...
  • Supreme Court Backs Privacy Rights of Consumers

    According to a recent United States Supreme Court decision, consumers can file lawsuits for statutory damages if a corporation commits an unlawful act even if consumers have not lost finances or suffered injury. The decision also stated that the ...
  • Justices Wrestle with Debt Collection Tactics

    The Supreme Court recently heard oral arguments in a case involving an Ohio law that allows the state attorney general to use “special counsel” (independent contractors) to collect tax debts. This law has been in effect as far back as the ...
  • According to an article published by Time, the federal Consumer Financial Protection Bureau ordered two different firms to discontinue an illegal collection process that utilized an automated lawsuit generator. The CFPB stated that New Century ...
  • Every day, a countless number of Americans receive unwanted phone calls to their cellphones from banks, debt collectors, and other companies. However, this act is considered unlawful under the Telephone Consumer Protection Act, which states that ...
  • One of the largest debt collectors in the United States, Midland Credit Management, Inc. is facing a potential class action lawsuit from consumers accusing the company of trying to force payment of old debts that are no longer legally enforceable. ...
  • Thanks to a supercomputer owned by data analytics company LexisNexis, your insurance company can find information on just about every aspect of your life, allowing them to predict, assess, and manage the risk involved in offering you services. The ...
  • Recently, our Chicago consumer law attorneys, Attorney Paul M. Bach and Attorney Penelope N. Bach asked the bankruptcy court to review a case for our client, Renato Casali. Casali filed for Chapter 7 bankruptcy on July 31, 2013. Prior to filing, ...
  • How Did Three Credit Agencies Gain a Monopoly?

    The practice of extending credit dates back to the 19 th century when industrialization led to the mass production of expensive machines that most consumers were unable to afford in a single payment. Credit reporting agencies were created as credit ...
  • TCPA Exemption for Fed-Backed Loans Circulated to FCC

    On February 17, a draft rule to exempt robocalls to collect federal debt from TCPA rules was circulated to the FCC. This proposal is looking to create a balance between consumer protections and a directive by Congress allowing companies servicing ...
  • The CFPB issues monthly complaint reports. These reports highlight the types of complaints that the Bureau receives and the number of complaints for each category. The October complaint report focuses on credit card-related complaints and also ...
  • According to an article published by Consumerist, if a company causes harm to consumers, that company cannot preempt an entire lawsuit by offering victims full settlements in advance. The United States Supreme Court made this decision on January 20, ...
  • It has been two years since the Consumer Finance Protection Bureau (CFPB) enacted amendments to Regulation X of the Real Estate Settlement Protection Act (RESPA) and Regulation Z of the Truth in Lending Act (TILA). Since then, consumers have been ...
  • In April of 2004, Kevin Prescott obtained a loan of $160,000 from Bank of America in order to purchase a piece of real estate in Pembroke Pines, Florida. Years later in 2012, Prescott defaulted on his mortgage, and Seterus, Inc. made preparations to ...
  • Oral arguments in the U.S. Supreme Court case Spokeo v. Robins are scheduled to be heard on November 2. If you haven’t heard about this case yet, you should be warned that the court’s final decision could lead to dire consequences for ...
  • Credit inaccuracies can be very problematic for anyone trying to obtain credit. Your credit score also has an impact on how much you pay for things like auto and homeowner’s insurance. Adding fuel to the fire, once you find mistakes on your ...
  • A recent ruling by the U.S. Supreme Court may jeopardize consumer protection statutes like the Fair Debt Collection Practices Act. In Reed v. Town of Gilbert, Arizona, the U.S. Supreme Court struck down an ordinance that limited signs announcing ...
  • By law, creditors are not allowed to contact debtors to demand payment after a debtor files for bankruptcy. What you may not realize is this practice is actually illegal. Filing for bankruptcy automatically gives you rights and protection under the ...
  • U.S. Supreme Court To Decide Fair Credit Reporting Act Case

    On April 27, 2015, the U.S. Supreme Court granted a petition for writ of certiorari in Spokeo, Inc. v. Robbins, an appeal from the ruling of the 9th Circuit Court of Appeals. The issue on appeal is whether Article III of the U.S. Constitution allows ...
  • Major $2 million verdict for Illinois homeowner

    On April 21, 2015, a jury rendered a $2 million verdict in the case of Elena Hammer v. Residential Credit Solutions, Inc. Via our firm, Ms. Hammer sued RCS for breach of contract, violations of the Real Estate Settlement Procedures act, and for ...
  • Federal lawsuit exposes massive debt collection fraud

    Consumers in Illinois should beware fake debt collectors that use intimidating tactics to defraud people of money they do not owe. The Consumer Financial Protection Bureau has filed a lawsuit in federal court on behalf of consumers against one group ...
  • Some recent changes in credit reporting could be good news for many Illinois residents. The changes, which were instituted by the federal Consumer Financial Protection Bureau, will make it easier for consumers to dispute mistakes on their credit ...
  • Credit card debtor rights in Illinois

    According to the Consumer Financial Protection Bureau, credit card companies have taken steps to limit consumer rights in the event of a credit card dispute. Instead of allowing consumers to proceed with traditional lawsuits, customers are required ...
  • Mandatory Arbitration and Credit Card Companies

    The Washington Post ran an article today entitled, "Why it's nearly impossible for you to sue your credit card company." It discusses the prevalence of mandatory arbitration in credit agreements. The Federal Arbitration Act (FAA) has ...
  • Consumers' rights dealing with debt collection agencies

    Many Illinois residents have credit card or medical debts that they have had trouble paying off, and in some cases these obligations are assigned to, or purchased by, third party debt collection agencies. It is not uncommon for these collectors to ...
  • Debtors may not be harassed by collection agencies

    Illinois residents may know that debt collectors are restricted by federal law from harassing the debtor. The Fair Debt Collection Practices Act outlines boundaries debt collectors are obliged to honor. If the debtor's rights are ignored, a ...
  • New York State Unveils New Debt Collection Regulations

    New York governor Andrew Quomo recently announced New York's new debt collection regulations. The regulations, issued under a provision of the New York Financial Services law, seek to provide consumers with additional protections that they did ...
  • Two years ago, I wrote a blog post about debt collectors using prosecutors' letterhead to collect a debt. This is generally done because the prosecutor takes a cut of any funds recovered. On November 12, the American Bar Association's ...
  • When it comes to debt collectors in Chicago and around the nation, the law does allow for certain consumer rights. The law extends beyond collection agencies to include lawyers who collect on debts and companies that purchase bad debts with the ...
  • Some Illinois consumers are growing increasingly wary of the terms and conditions associated with taking on debt, and with good reason. Predatory lending that subjects the borrower to abusive or unfair terms of repayment has become all too common. ...
  • Debt collection companies must prove debt is legitimate

    Some Illinois residents who have lost a parent may face harassment by debt collectors who insist they are responsible for paying bills their parent left behind. While collection agencies may have little or no information about the debt they are ...
  • What rights do Illinois debtors have?

    A woman is refusing to pay a $20 charge that she incurred on her Kohl's credit card in November of 2013 due to claims that the company harassed her about the past due debt. Her attorney alleges that the company violated the Telephone Consumer ...
  • Late last month, the Consumer Financial Protection Bureau released a report citing illegal practices among some American debt collectors and so-called payday lenders. Upon release of this report, the CFPB also announced that it had privately ...
  • CFPB tries to secure free credit scores for consumers

    The federal Consumer Financial Protection Bureau (CFPB) serves as a consumer-friendly watchdog with its eyes on the financial industry. According to the organization’s website, “(The agency’s) mission is to make markets for consumer ...
  • When a loved one dies, the emotional toll that this loss can take on you can understandably leave you feeling incapable of handling the everyday tasks of life for a little while. This kind of emotional and physical draining that accompanies the loss ...
  • Julie Miller, a woman from Oregon, has been awarded $18.6 million in her lawsuit against Equifax. According to The Oregonian, the jury awarded $18.4 million in punitive damages and $180,000.00 in compensatory damages. The lawsuit was based on ...
  • Avoiding pre-approved mortgage schemes

    American consumers are often quite familiar with the concept of pre-approval for a variety of services. Credit card applications arrive in the mail attached to pre-approved lines of credit. Vacation packages associated with timeshares arrive ...
  • File this under -- "can happen to anyone." According to Al Kamen of the Washington Post, U.S. Supreme Court Chief Justice John Roberts was recently the victim of credit card fraud. It appears that someone obtained his credit card numbers, ...
  • How Identity Theft Happens

    With the New Year approaching, many people take "out with the old and in with the new" a bit too far. If you are doing your spring cleaning early, you should be particularly careful to shred any documents that contain personal information. ...
  • Beware of Mortgage Foreclosure Scams

    This is probably one of my most frequent topics on the blog. Every time there is media attention devoted to a new development in the mortgage foreclosure crisis, it seems prudent to restate this warning: beware of mortgage foreclosure scams. With the ...
  • Legitimate programs and professionals exist to help homeowners who face foreclosure. Unfortunately, some companies and individuals who appear to be helpful are just the opposite. Chicago-area homeowners who find themselves in a difficult, sometimes ...