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Second Circuit Appeals Court Listens to Arguments in Important FDCPA Case

On January 24th, 2018, the United States Court of Appeals for the Second Circuit heard oral arguments in Taylor v. Financial Recovery Services, Inc. This is an important legal case. This question at issue pertains to a borrower’s rights under the Fair Debt Collection Practices Act (FDCPA). In this post, our top-rated Albany debt collection…
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Understanding Debt Collection: What is Mini-Miranda?

If you watch American procedural crime shows, you have no doubt heard the phrase ‘Miranda rights’. Among other things, a person who has been placed under arrest “has the right to remain silent”. While many people have a basic understanding of Miranda rights, far fewer are familiar with the term ‘mini-Miranda’. Mini-Miranda is a term…
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Shocking ACLU Study Shows Some Borrowers Are Jailed in Connection With Private Debt

On February 21st, 2018, USA Today reported on a shocking study from the American Civil Liberties Union (ACLU). According to the findings from the ACLU, borrowers could potentially be jailed in connection with a private debt in at least 44 different states, including in Maryland and New York. This study from the ACLU is extremely…
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Can You Withhold a Credit Payment Because You are Unsatisfied With a Purchase?

If you purchased something with your credit card, and you are now in a dispute with the seller because you are unsatisfied with the purchase, you may have the legal right to withhold payment until the dispute is resolved. Federal regulations, including the Fair Credit Billing Act (FCBA), allow consumers to withhold credit card payments…
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Three Things You Need to Know About the Truth in Lending Act (TILA)

Passed in the late 1960s, the Truth in Lending Act (TILA) helps to protect consumers by requiring creditors to make certain basic disclosures regarding the terms and conditions of a lending arrangement. Here, our top-rated consumer protection lawyers highlight three important things that you need to know about the Truth in Lending Act. What Types…
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Can I Stop a Vehicle Repossession in Maryland?

Have you fallen behind on your car payments? If so, you are certainly not alone. As of November of 2017, The Washington Post reported that 6.3 million Americans were at least 90 days delinquent on one or more auto payments. Falling behind on any payment is frustrating and stressful. This is especially true with car…
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U.S. Senators Propose ‘Massive’ Fines for Data Breaches at Credit Reporting Agencies

In September of 2017, Equifax, one of the major credit reporting agencies in the United States, announced that it had been subject to a very serious security breach. The scale of the Equifax data breach was truly shocking: an estimated 143 million Americans had sensitive information compromised. In the months since the breach was announced…
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Can a Debt Collector Contact Your Employer?

Has a debt collector recently contacted your employer about you? If so, you need to be aware of your rights under the Fair Debt Collection Practices Act (FDCPA) and the Maryland Consumer Debt Collection Act (MCDCA). It is possible that you may have been the victim of a serious violation of these statutes. In this…
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What is the Electronic Fund Transfer Act (EFTA)?

Passed into law in 1978, the Electronic Fund Transfer Act (EFTA) was established in order to regulate electronic transfers and to provide certain legal rights to consumers in regards to these transactions. Here, our consumer protection attorneys highlight three things that all consumers should know about the Electronic Fund Transfer Act. What Consumers Need to…
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Debt Collectors Cannot Use Deceptive Tactics – ‘Door Opener’ Text Messages are Prohibited

The Fair Debt Collection Practices Act (FDCPA) provides New York consumers with important legal protections against abusive debt collectors. The FDCPA puts many restrictions on what debt collectors can do when they are attempting to get payment for a debt. One thing that many people do not know is that debt collectors are prohibited from…
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