Category

Predatory Lending

New York Woman Granted Second Chance to Fight Debt Collector’s Fraudulent Tactics

By | Predatory Lending, Uncategorized, Unfair Deceptive Trades

Published September 11, 2012 on Carey & Danis

New York Woman Granted Second Chance to Fight Debt Collector's Fraudulent TacticsIn the lawsuit, Easterling v. Collecto, Inc., a judge ruled last month that the debt collection company based in Massachusetts known as Collecto , Inc., used deceptive trade practices in an effort to convince the plaintiff, Berlincia Easterling, that her student loans could not be dissolved when filing for bankruptcy. The debt collection company sent Easterling a letter with language stating that her student loan debt was nondischargeable, and thus, must still be paid to Collecto, Inc.

A U.S. Court of Appeals in New York ruled that the methods used by Collecto, Inc. in an effort to collect student loan debt payments from Easterling proved misleading, and as a result, stand in violation of the Fair Debt Collection Practices Act (FDCPA).

The federal court stated in the ruling that student loan debt can be discharged if the plaintiff can demonstrate that continuing payments of student loan debt after filing for bankruptcy would significantly impact the debtor’s standard of living, driving it below what is termed a “minimal” standard of living. In response to this ruling, Easterling and her attorney will file a class action lawsuit against Collecto, Inc., as information has surfaced that the debt collection company sent out letters similar to the one Easterling received to approximately 181 individuals.

This federal court decision protects the consumer, in this case the consumer as debtor. Though Easterling has the onus of presenting convincing evidence in her forthcoming class action lawsuit, she has been given the opportunity to fight deceptive trade practices that undermine consumer protection and federal laws, such as the Fair Debt Collection Practices Act. If you feel that you or someone you love has been the victim of unfair, deceptive, and misleading trade practices, contact an attorney at Carey Danis & Lowe. Our experienced trial lawyers will provide you with a free legal consultation, and can assist you in determining if you have a case.

Bank of America Credit Protection Plus Class Action

By | Predatory Lending, Uncategorized, Unfair Deceptive Trades

Bank of America Credit Protection Plus Class ActionCarey Danis & Lowe is currently investigating claims that Bank of America is engaging in unfair and deceptive trade practices in connection with the sale and administration of their Credit Protection Plus program, which is a debt suspension / debt cancellation plan offered to its card members for a fee.

In particular, CD&L is investigating claims that Bank of America enrolls card members into their payment protection plan without first determining whether the consumer is qualified to ever receive benefits under the program. The result is that card members are paying fees even though they can never receive benefits.

In addition, the lawyers at CD&L are investigating whether Bank of America is enrolling card members into the Credit Protection Plus program without their consent or authorization and subsequently charging them a recurring monthly fee.

If you were enrolled into a payment protection plan or program without your consent, please contact us today.

Banana Republic Card Security Program Class Action

By | Predatory Lending, Uncategorized, Unfair Deceptive Trades

Banana Republic Card Security Credit Card Payment Protection Plan Scam Class Action LawsuitCarey Danis & Lowe is currently investigating claims that Banana Republic is engaging in unfair and deceptive trade practices in connection with the sale and administration of their Card Security Program, which is a debt suspension / debt cancellation plan offered to its card members for a fee.

In particular, CD&L is investigating claims that Banana Republic enrolls card members into their payment protection plan without first determining whether the consumer is qualified to ever receive benefits under the program. The result is that card members are paying fees even though they can never receive benefits.

In addition, the lawyers at CD&L are investigating whether Banana Republic is enrolling card members into the Card Security Program without their consent or authorization and subsequently charging them a recurring monthly fee.

If you were enrolled into a payment protection plan or program without your consent, please contact us today.