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Wednesday, October 17, 2012


CREDIT CARD LAWSUITS: THE NEXT ROBO-SIGNING  BANK SCAM
- The same problems that plagued the foreclosure scams  and prompted a multibillion-dollar settlement with big banks  are now emerging in the underhanded debt collection practices of credit card companies who use low-life lawyers and parasitic debt buyers to threaten and intimidate without regard to Federal Law - Lenders, the judges say, are churning out lawsuits without regard for accuracy or truth, and improperly collecting debts from consumers -

Credit card banks are using bottom-feeder collection agencies to churn out slapdash lawsuits to collect on unsubstantiated or altogether bogus credit card debt, say exasperated consumer advocates and some judges. Judges complain that many lawsuits are so lacking in documentation, it's impossible for them to know who's right or wrong. Noach Dear, a civil court judge in Brooklyn, said that “roughly 90 percent of the credit card lawsuits are flawed.” Advocates say the companies sometimes victimize card holders by inflating the amounts owed, not giving their victims proper notice, and suing for debts already paid. Frank Cox, the chief magistrate court judge in Cobb County Ga. "When the lawsuits are contested by the card holder, most of the time the bank can't present sufficient evidence to win the lawsuit."  Many of the lawsuits rely on  fraudulent and erroneous documents, incomplete records and generic testimony from robo-witnesses, according to judges who oversee the cases. The errors in credit card suits often go undetected, according to the judges. Nationally, the system of litigation "provides inadequate protections for consumers," concluded a 2010 report by the Federal Trade Commission. FTC officials have raised concerns about the bare bones documentation that accompanies many debt recovery lawsuits, said Reilly Dolan, assistant director for the commission's division of financial practices. Nationally, the system of litigation "provides inadequate protections for consumers," concluded a 2010 report by the Federal Trade Commission. FTC officials have raised concerns about the bare bones documentation that accompanies many debt recovery lawsuits. " Most collection agencies file lawsuits without necessarily having the paperwork lined up," said Reilly Dolan, assistant director for the commission's division of financial practices.
“Our concerns center on the fact that debt collection lawsuits are a pure volume business,” said Tom Pahl, assistant director for the F.T.C.’s division of financial practices. “The documentation is very bare bones.” 

"At times, lawsuits include falsified credit card statements, produced years after borrowers supposedly fell behind on their bills, according to the judges and others in the industry.
“This is robo-signing redux,” Peter Holland, a lawyer who runs the Consumer Protection Clinic at the University of Maryland Francis King Carey School of Law.

“I would say that roughly 90 percent of the credit card lawsuits are flawed and can’t prove the person owes the debt,” said Noach Dear, a civil court judge in Brooklyn, who said he presided over as many as 100 such cases a day.

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- On June 27, 2012 Senator Al Franken (D-Minn.) re-introduced the “End Debt Collection Abuse Act” (S. 3350) in hopes of creating a piece of legislation that will ultimately help consumers avoid the distasteful tactics of some debt collection companies and to provide more information to consumers regarding how to get help for their debts. The Senator first introduced this bill in September 2010 during a previous session of Congress; however, it was not enacted at the time. The End Debt Collector Abuse Act of 2012 has been referred to the Committee on Banking, Housing, and Urban Development -

SENATOR AL FRANKEN EXPOSES FRADULENT DEBT COLLECTION ACROSS THE COUNTRY

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