Consumer Justice Center P.A.Consumer Protection Attorney2024-03-13T13:53:49Zhttps://www.consumerjusticecenter.com/feed/atom/WordPress/wp-content/uploads/sites/1400608/2019/11/cropped-fav-icon-32x32.jpgOn Behalf of Consumer Justice Center P.A.https://www.consumerjusticecenter.com/?p=492082024-03-13T13:53:49Z2024-03-13T13:53:49ZLegal grounds for vehicle repossession in Minnesota
According to state laws, a lender can repossess a vehicle without prior notice when the borrower defaults on the loan. This typically occurs when the borrower fails to make the agreed-upon payments on time. It can also happen if the borrower doesn’t comply with the terms of the loan, such as failing to maintain adequate insurance on the vehicle.
The repossession process
The repossession process can be done through self-help or a court order. Self-help repossession means that the lender can take back the vehicle without involving the courts as long as they don’t breach the peace during the process. Breaching the peace could include using physical force, threats of force or removing a vehicle from a closed garage without the borrower's permission.
If a lender prefers to proceed through legal channels to repossess a vehicle, they may file a lawsuit to obtain a court order for repossession. This method is less common due to the time and expense involved, but it may be necessary if there is a high risk of breaching the peace during the repossession.
Rights of borrowers in the repossession process
Borrowers have rights during the repossession process. Anyone who finds out that their vehicle is subject to repossession should ensure they seek legal assistance to determine what options they have at each step along the way. This may help them decide whether or not they can get the vehicle back or prevent the repossession altogether. If a repossession occurs illegally, legal representation can help them determine their options to handle the situation as well.]]>On Behalf of Consumer Justice Center P.A.https://www.consumerjusticecenter.com/?p=492062024-03-10T22:31:13Z2024-03-10T22:31:13ZThe annual National Consumer Protection Week (NCPW) has just ended. However, it’s critical to remember the information provided during that week throughout the year. No matter how savvy you may feel as a consumer, scammers are getting more and more creative. Now they have artificial intelligence (AI) to help them.
Those who are elderly and less comfortable with online sites, email and other digital technology are at far greater risk. Of course, people can still be defrauded via phone, traditional mail, TV ads and even in person.
Common investment schemes
The U.S. Postal Inspection Service (USPIS) warns people to be especially cautious about anyone promoting investment and “get rich quick” opportunities. These often involve buying fraudulent:
Securities, stocks and commodities
Rare coins or gems, cyber currency and oil wells
Franchises, real estate and land
Don’t assume that just because you see something advertised on television that it must be true. Also don’t be thrown by a “professional looking” website. It’s not hard to design a website that looks official. Often, fraudsters will perpetrate these investment scams over the phone. They know that older people are more likely to answer their cellphone for unknown callers and often still have landlines. However, a person doesn’t have to be a senior to be fooled by a persuasive scammer.
How to avoid becoming a victim
There are things you can do to protect your hard-earned money from being stolen. For example:
Don’t give credit cards, checking accounts or other personal information over the telephone or online without first doing some due diligence about the company.
Don’t answer your phone for an unknown number. Let them leave a message. (Often, fraudsters will just move on to the next number.)
Remember that there’s no such thing as a “guarantee” that you’ll make money.
Don’t feel pressured to make a decision immediately. If someone tells you it’s a one-time-only offer, tell them to send you information via email so you can review it. Generally, they won’t, which should be a red flag.
Check with outside trusted sources like the Better Business Bureau or Federal Trade Commission. Often, a quick Google search will reveal a scam.
Finally, if you’ve been the victim of a scam, there’s no need to feel shame. You’re far from alone. The important thing is to take action as soon as possible to seek justice and try to recoup your losses. Having experienced legal guidance in this area can improve your chances of success.]]>On Behalf of Consumer Justice Center P.A.https://www.consumerjusticecenter.com/?p=492042024-03-06T23:16:00Z2024-03-06T23:16:00ZInaccurate personal information
Sometimes, the credit bureaus seemingly have outdated information about an individual. They may not have someone's current address or employer included in the record. Other times, there could be confusion with someone else who has the same date of birth or name. People may need to correct the personal details on their credit report in some cases.
Inaccurate account information
Sometimes, creditors report the wrong information about someone's account status or balance. Other times, there could be notes about past-due accounts or judgments that someone has resolved with the creditor. There could also be accounts that belong to someone else or that are likely the result of identity theft. In some cases, creditors might show an account as open when someone has closed it or past-due when they make their payments on time every month.
Outdated information
Certain blemishes, like judgments, late payments and bankruptcy discharges, can negatively affect someone's credit. There are limits to how long the credit bureaus can report those issues, and some people find that old negative entries do not come off of their credit reports in a timely fashion.
Technically, members of the public have the right to challenge inaccurate data on their credit reports. Doing so can sometimes be a challenge. People may need help learning about their rights and how to utilize them. Recognizing what information could be inaccurate on a credit report can help people better monitor the credit information that could affect their careers and finances.]]>On Behalf of Consumer Justice Center P.A.https://www.consumerjusticecenter.com/?p=492022024-02-26T17:47:54Z2024-02-26T17:47:54ZIf you’re being inundated by debt collectors calling, texting, emailing and otherwise contacting you, you may not even realize that one or more of them is attempting to get payment on something called a “zombie debt.”
Zombie debts include debts that have already been paid off or settled with a creditor. They can also be debts that have reached their statute of limitations (time-barred debts). If you’ve been the victim of identity theft or other fraud or simply an error and you’re listed as the person who purchased something you didn’t, that can also be considered zombie debt.
How do zombie debts “reanimate?”
Often, this happens when someone makes a payment on a debt that was already written off. This can happen if a collector gets ahold of the information and tries to collect on the debt. A person can feel pressured to make a payment and not take the time to determine whether they do in fact owe anything.Not all collectors of zombie debt are trying to get money from people who don’t owe it. They may get information about a debt after a collection agency has sold its debts to another one and not realize it’s no longer owed.
How do zombie debt collectors succeed in getting money that isn’t owed?
Unfortunately, that’s not always the case. Zombie debt collectors, also known as “debt scavengers,” will try to collect debt that people don’t have to pay. Many are good at it. Often, they’ll tell people they just need to pay a small portion and then they won’t contact them again. It’s important to know that under the Fair Debt Collections Practices Act (FDCPA), you have the right to tell collectors to stop contacting you without making a payment.Some will go as far as threatening to take legal action. Some even imply that they’re calling from a law firm. What’s important to know is that if you no longer owe a debt, these are false threats.This is why it’s crucial to have a full and accurate picture of your debts. This can help you protect yourself from falling prey to zombie debt collectors. If you’ve already been the victim of these tactics, it’s wise to learn what options for recourse you have.]]>On Behalf of Consumer Justice Center P.A.https://www.consumerjusticecenter.com/?p=491892024-02-08T23:05:48Z2024-02-08T23:05:48Zcriminalize AI-generated robocalls. If passed, the rule will give state attorneys the power to pursue those guilty of using these calls. It would be an important addition to existing laws, such as those that require telemarketers to have approval to call someone.
People seeking to defraud you won’t always play by the law
Fraud is a crime, but it can be very rewarding, so plenty of criminals are willing to ignore or look for ways around laws that restrict them.
If you face problems resulting from a robocall you’ve received, you may not be able to identify whether it was human or AI-generated. Regardless, with appropriate legal guidance, you may be able to take action to resolve any issues it has caused you.]]>On Behalf of Consumer Justice Center P.A.https://www.consumerjusticecenter.com/?p=491872024-01-29T03:58:41Z2024-01-29T03:58:41ZWhat is time-barred debt?
It is debt that a creditor or debt collector can no longer sue you to collect. In Minnesota, the statute of limitations for collecting most debts, like credit cards and medical bills, is six years. Once that time elapses, the creditor cannot force you to pay.
Three fast facts for consumers:
The statute of limitations clock starts from the date of your last payment or account activity.
Debt collectors can still try to collect time-barred debt and may contact you about it.
Making even one payment before the six-year statute of limitations ends could restart the clock.
Although creditors may contact you about time-barred debt, they still have rules to follow.
What are the rules?
Those inquiring about a debt that has passed the statute of limitations can speak with you if you are willing, but they cannot file a lawsuit against you to collect the old debt. They also cannot threaten you with litigation over time-barred debt
Debt collectors must also follow other rules that apply to all collection attempts. For example, they may not verbally abuse you or call you excessively. If they break the rules while attempting to collect time-barred (or any debt), getting legal guidance can help you find possible solutions.]]>On Behalf of Consumer Justice Center P.A.https://www.consumerjusticecenter.com/?p=491852024-01-11T18:50:56Z2024-01-11T18:50:56ZScams to watch out for in 2024
The capability of fraudsters to present themselves as credible enterprises has risen in recent years. They may craft emails and websites that appear to originate from trusted banks, companies, charities and healthcare providers. That’s why it’s important to be aware of the latest scams that are unfolding, including:
The voiceprint scam allows fraudsters to use software to create a duplicate version of your voice after recording it, which they can then use to impersonate you. The scammer then uses your voice to answer security questions, which gives them access to your hard-earned money or insurance. The easiest way to avoid falling victim to this scam is to avoid answering calls from unknown numbers.
The check cooking scam occurs when criminals take a digital image of a stolen check and alter it with software that is sold commercially. They then use it to withdraw funds from your account. The easiest way to avoid falling prey to check cooking is to use alternative payment methods, such as credit cards.
Text scams are on the rise mainly because they are simple to execute. Scammers send a text telling you that your payment is overdue or that there has been suspicious activity in your bank account. To protect yourself, don't share any personal details or click on any links.
If you have been a victim of a scam already this year, you’re not alone. Seek legal guidance to help you recover your lost assets.]]>On Behalf of Consumer Justice Center P.A.https://www.consumerjusticecenter.com/?p=491832024-01-11T15:59:23Z2024-01-11T15:59:23ZAbusive debt collection practices go far beyond persistent reminders. These practices involve tactics designed to intimidate, harass or deceive debtors. As consumers, recognizing these abusive methods is critical to protecting oneself from undue stress and potential exploitation.
Harassment and intimidation
One of the most prevalent forms of abusive debt collection is harassment and intimidation by collectors. This includes repeated calls intended to annoy or harass, use of obscene or offensive language and threats of violence or unwarranted legal action. Public shaming tactics, such as publishing debtor lists or contacting individuals not associated with the debt, also fall under this category.
Misrepresentation and deceit
Debt collectors are prohibited from employing deceptive practices. This involves misrepresenting the debt amount, falsely claiming to be attorneys or government representatives or threatening arrest without legal grounds. Misleading a debtor about the legal status of a debt or the consequences of non-payment also constitutes deceitful practices.
Unfair practices
Certain practices are considered unfair in the context of debt collection. Collectors shouldn’t attempt to collect any amount not authorized by the agreement that created the debt. They are also prohibited from engaging in practices like depositing post-dated checks prematurely or using deceptive methods to incur charges on the debtor, such as collect calls.
Invasion of privacy
Respecting a debtor's privacy is a legal obligation for collectors. They must not discuss the debtor's obligations with uninvolved third parties, like family, friends or employers. Additionally, collectors should avoid contacting debtors at inconvenient times or places, such as their workplace, especially if they have been informed that such contact is unwelcome or forbidden.
Understanding your rights and recognizing abusive debt collection practices are vital steps in managing debt effectively and with peace of mind. If faced with abusive debt collection practices, learning your legal options can help you to make informed decisions about exercising your rights.]]>On Behalf of Consumer Justice Center P.A.https://www.consumerjusticecenter.com/?p=491812024-01-07T23:08:10Z2024-01-07T23:08:10ZIdentity theft occurs when someone unlawfully obtains your personal information, including your Social Security number, bank account details or credit card numbers, and uses it for financial gain. This can lead to unauthorized financial transactions and accounts being opened in your name. It can significantly impact your credit score.
Effects on credit score
The impact of identity theft on your credit score can be severe. When a thief opens new accounts or accrues charges on existing accounts, these actions often go unnoticed until significant damage has been done. Unpaid debts, high credit utilization and numerous credit inquiries, all of which can result from identity theft, negatively affect credit scores.
One of the primary ways that identity theft can harm your credit score is missed payments. Thieves typically don’t pay the bills for the accounts they open, leading to missed payments being reported on your credit history. Payment history is a crucial factor in credit scoring, so these missed payments can cause a significant drop in your score.
Increased credit utilization
Identity thieves may max out credit cards in your name. High balances relative to each account’s credit limit, known as credit utilization, can also lower credit scores. A sudden spike in credit utilization, viewed negatively by credit scoring models, can be a red flag for identity theft.
Fraudulent applications for new credit
A hard inquiry is recorded on your credit report each time a credit application is made. Identity thieves often apply for several credit accounts in a short period. These hard inquiries can accumulate, further reducing your credit score.
If you’re a victim of identity theft, you must monitor your credit reports regularly to identify and challenge any unauthorized activity early. This includes reviewing your credit reports for accounts or transactions you didn’t initiate. Setting up fraud alerts and credit freezes with credit bureaus can prevent further damage once identity theft is suspected or confirmed.]]>On Behalf of Consumer Justice Center P.A.https://www.consumerjusticecenter.com/?p=491792024-01-02T10:17:43Z2024-01-02T10:17:43ZA debt collector can call a borrower regarding matters involving their debt. However, some debt collectors use this chance to engage in unfair practices. For this reason, it's crucial to be informed.
Here is what to do when you receive your first call:
Get the debt collector's information
The first thing to do is confirm if the debt collector is legitimate. Thus, get the person's name, the agency they work for and the company's address. You may not need to ask about the first two aspects, as the agent will introduce themselves. But if they don't, you should ask.
Get information about your debt
Besides finding out who you are talking to, you need information about the debt they want to collect. Ask about the creditor's name, the amount owed and how you can confirm if the debt is yours/dispute it. The debt collector should provide you with this information in-depth before you can agree to pay the debt or negotiate. If the debt is valid, then it may be possible to arrange a repayment plan with the collector. If the debt is not in your name or you do not recognize it, then it could be invalid. In Minnesota, creditors and debt collectors are time-barred from pursuing debts that are more than six years old.
Learn about your rights
If the debt is valid, you need to know your rights from the get-go. When can the debt collector call you? How often can they call you? Can you tell them to stop contacting you? and so on. When you know your rights, you can quickly identify an unfair practice.If you believe you have experienced abusive debt collection, get legal help to put it to a stop. ]]>