Florida Consumer Law

I have been handling large numbers of credit cases for the past two and a half years.  I have decided to separate that part of my practice and have started The Florida Consumer Law Firm, LLC.  The new firm will primarily handle cases for people who have been sued over consumer debts, foreclosures, repossessions and similar matters.  Other lawyers will be joining me so we can provide coverage across the middle part of Florida.  Currently myself and my affiliated counsel are handling cases in Brevard, Marion, Seminole, Lake, Osceola, St.Lucie, Volusia and Flagler counties.

Contact us toll-free at 1-888-545-6224.  Our toll-free fax line is 888-591-3984.  You can also use the contact form on the right side of the page.

As a result of a class action lawsuit in New York, Chase has agreed to stop requiring arbitration clauses in credit card contracts.  The lawsuit had claimed that Chase, Capital One, Citibank, Discover, HSBC and others had violated anti-trust laws by getting together some 30 times to discuss putting in binding arbitration in their consumer credit contracts.  The press release from the attorneys is located here.  The National Arbitration Forum was also added as a party defendant.  Read  more from the Bloomberg.Com story here.

The New York Times is reporting today (link to story) that a bankruptcy judge rejected the claim of a mortgage company that it owned a mortgage and awarded the property to the homeowners.  It is a convoluted isse involving the securitization of their mortgage and the corporate shell games of mortgage ownership.  Read the story.

Ownership of the mortgage has become a huge issue here in Florida as the boom was fueled by the sale of mortgages into these securitization programs.  Perhaps the losses are finally going to come back and haunt the very people who underwrote the destruction of our economy.

I received a check in the mail today for $5,980.00 from Green Tree Securities, Inc. in Lincolnton, NC.  The check is supposed to represent my winnings from the Shoppers Sweepstakes.  The very informative letter indicates that I should just call a number in Ontario, Canada and get directions.  All I have to do is deposit the check and send half the money to them via Western Union. 

OF COURSE, THE ENTIRE THING IS A SCAM.  I deposit the check in my account and get $2990 in cash and send it to them in Canada.  Of course, the check to me is bad and I wouldn’t know it for several days.  I guess they think I just fell off of a turnip truck.  When their check is returned as fraudulent or fake, I am out $2,990 and the scammers are that much richer.

I will be handing it off to the police or postal inspectors tomorrow. The letter arrived in a plain white envelope with a Canadian postmark.  Watch out.

Don’t fall victim.  No one is going to send you $5,880 so you can send them $2,990 for taxes.  Remember, if it sounds too good to be true, it is.

I have talked to many people who are reporting that their credit card company is arbitrarily lowering their credit limit, upping minimum payments and otherwise wreaking havoc.  It seems to me that the companies have declared war on the very people who have made them so much money over the years, people who carry a balance and pay the outrageous interest rates.

When Congress passed legislation recently to change the way that credit card companies can change interest rates at their whim, they waited until next year to implement the changes.  As a result, the companies are putting the screws to stressed consumers now because they won’t be able to next year.

Read this article/poll from The Consumerist for some eye-opening info: 

Has Your Credit Card Already Gotten Meaner?

I have handled several cases recently where consumers here in Central Florida have been served with a lawsuit attempting to recognize an arbitration award from the NAF.  If you have been served in such a lawsuit or previously had a judgment entered against you based on a NAF arbitration award, please contact a consumer lawyer immediately.  I will be happy to give a free consult to anyone in this situation.

The Minnesota Attorney General just filed and concluded a lawsuit against NAF alleging that NAF had very close ties to the law firms and creditors who were using its services.  The allegations are shocking.  NAF settled the lawsuit and claimed to stop consumer arbitrations a few days later.  For more information, see the following articles:

Minnesota Sues a Credit Arbitrator, Citing Bias from Business Week

Big Arbitration Firm Pulls Out of Credit Card Business from Business Week

More on NAF, AAA, and Forced Arbitration

Time Magazine has an interesting article on why the mortgage companies and banks have been so bad at modifying mortgages.  You can read about it here.  There are several important points that include slow bureaucracy, slow mortgage servicers and borrowers who catch up on their own.  I recommend the article.

I have consulted with several clients recently on a new problem.  They will get a call from someone claiming to be investigating a check fraud on a payday loan.  The callers leave nasty voice messages and tell people that they are investigators and may or may not have warrants.  The callers sound foreign and the caller ID number they use is bogus.  If you call that number back, there is no connection.  They leave an 800 number to call.  IN MY EXPERIENCE, THIS IS A SCAM OR A FRAUD.  They have some of your personal information and they use it to scam you.  If you receive one of these calls, hang up and do not return the call. If you are still scared, please feel free to call my office for a free consultation.

Go to www.annualcreditreport.com to get a free credit report. The services that claim to be free like the one with the singing commercial are actually clever marketing ploys to get you to purchase their services for a monthly fee of $10 or more. Many companies provide this service to you for free or at reduced cost if you want to constantly monitor your credit. Check with your bank, insurance company or even your credit card company for any offers they may have.

A terrible decision regarding arbitration has been left standing by the Ohio Supreme Court.  The Consumer Law & Policy Blog has a thorough discussion of the implications of this decision. Rather than reiterate their discussion please follow this link to their site: Consumer Law & Policy