Wednesday, May 19, 2010

Fast Cash International

According to reports, Fast Cash International has been calling people harassing them for loans they do not owe.  One woman received calls stating that she owed $756.12.  She did not owe it and contacted the FBI.  Fast Cash International, according to the woman, was threatening to arrest her and said that they were lawyers for the U.S. federal government.

This is a violation of the FDCPA.  Consumers have rights, even if they owe the debt.  Debt collectors must follow guidelines.  They cannot threaten to have a consumer arrested or impersonate a government entity.  Debt collectors cannot threaten to take a consumer to court, unless they are prepared to do so.

The woman attempted to call Fast Cash International with the number listed on her Caller ID, but the call would not go through.  A website for Fast Cash International did not have a telephone number.

If you are being harassed by a debt collector, contact us at 813-314-4595 or 866-553-3272.

Monday, May 3, 2010

Supreme Court Ruling

Debt collectors can no longer use the "bona fide error" defense under the Fair Debt Collection Practices Act. In the case, Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, the plaintiff sued the defendant for violating the FDCPA. Carlisle McNellie attempted to foreclose on Ms. Jerman's home, after she had already paid her mortgage. Carlisle McNellie required Jerman to submit proof in writing within 30 days that she had paid the mortgage, but the FDCPA does not require the proof to be in writing.

Carlisle McNellie stated that it should not be held liable due to a "bona fide error".  A lower court agreed.  however, when the case went on to the Supreme Court, Justice Sonya Sotomayor ruled that "ignorance of the law will not excuse any person, either civilly or criminally."

A consumer can take action against a debt collector if the consumer feels the debt collector violated the laws currently in effect.  If you feel your rights have been violated, please contact us at 866-553-3272.