debtzapper

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Everything posted by debtzapper

  1. From the case I quoted below The Federal Arbitration Act (FAA), 9 U.S.C.A. ยงยง 1-16, and the nearly 312*312 identical New Jersey Arbitration Act, N.J.S.A. 2A:23B-1 to -32, enunciate federal and state policies favoring arbitration. Concepcion, supra, 563 U.S. at___, 131 S.Ct. at 1745, 179 L.Ed.2d at 751 (describing Section 2 of FAA as reflecting "a `liberal federal policy favoring arbitration'" (quoting Moses H. Cone Mem'l Hosp. v. Mercury Constr. Corp., 460 U.S. 1, 24, 103 S.Ct. 927, 941, 74 L.Ed.2d 765, 785 (1983))); Hojnowski v. Vans Skate Park, 187 N.J. 323, 342, 901 A.2d 381 (20
  2. Here is some NJ arbitration case law https://scholar.google.com/scholar_case?case=8116499973280355897&q=motion+to+compel+arbitration&hl=en&as_sdt=4,31
  3. Accenture also agrees that CFPB enforcement actions have declined https://financeandriskblog.accenture.com/regulatory-insights/regulatory-compliance/the-current-state-of-consumer-financial-protection
  4. Venable, LLP, represents creditors. They acknowledge that enforcement actions against creditors has lagged at the federal level, so that several states have now become "mini-CFPBs." https://www.lTools Available to States. Consumer Financial Protection Bureau (CFPB) leadership, enforcement activity has lagged at the federal level. To fill the void, several states, notably New York, California, Pennsylvania, New Jersey, and Maryland, have stepped up their enforcement efforts, by either empowering existing agencies or creating wholly new agencies with broad jurisdiction and authority. While
  5. https://www.politico.com/news/2020/05/16/consumer-bureau-pro-business-tilt-coronavirus-crisis-261394
  6. BV

    Well, it's been a while since I've even checked the board. I know you were once a member of Debtorboards, and I was wondering if you think any of their members are now posting here, now that they have shut down?

  7. You win! Great job with the arbitration strategy. Even some consumer lawyers now are representing their debtor clients by arbitrating their case.
  8. You did a great job, rob. And thanks to all those on this board who helped you. Superb advice from some very bright, very experienced "litigators."
  9. Great work! And thank you for wanting to join the military and serve your country. I wish you well.
  10. Forget about contesting their business records. Idaho rules are irrelevant. Your opposition to their MSJ must be based solely on your right to compel them to stay their case and enter into arbitration. If the court grants your motion, it is likely they will drop their case because of the expense of arbitration.
  11. Still, the CFPB is not the vigilant, pro-consumer agency it once was. It is hated by the financial industry, and it has willing allies in Congress who want to weaken it. https://www.washingtonpost.com/investigations/how-trump-appointees-curbed-a-consumer-protection-agency-loathed-by-the-gop/2018/12/04/3cb6cd56-de20-11e8-aa33-53bad9a881e8_story.html?utm_term=.822eadbc292e https://www.usatoday.com/story/money/2019/03/13/consumer-protection-actions-cfpb-ftc-and-cpsc-decline-under-trump/3142905002/ https://www.nytimes.com/2019/04/16/magazine/consumer-financial-protection-bureau-trum
  12. Debt collectors could soon get an all-clear to text, email and private-message consumers who have fallen behind in debt repayments -- on an unlimited basis. Consumer groups decried the proposed rule, saying it will enable harassment of consumers through electronic communications as well as phone calls. While the proposed law would limit debt collectors to seven calls per week per debt, one consumer advocacy group said debtors could still feel ambushed, especially when combined with texting and emailing. "We are horrified that the CFPB's proposed rule will actually authorize harassmen
  13. https://www.nclc.org/media-center/consumer-watchdogs-proposed-debt-collection-rule-bites-consumers-authorizes-harassment-by-debt-collectors.html
  14. Congrats to the OP for his persistence and hard work and to the MEMBERS who continue to give generously of their time and expertise to this board.
  15. To learn more about Arbitration, read this from @fisthardcheese *Learn About The Arbitration Strategy**
  16. If you live in Western or Central OH, Greg Reichenbach is a very fine consumer lawyer. I know him from a TCPA listserv. Or go to www.consumeradvocates.org A consultation is free. http://www.reichenbachlaw.com
  17. This is a published January 2017 decision from the Idaho Supreme Court. The court held Portfolio Recovery Assoc, did not prove its case because an affidavit lacked adequate foundation. It is interesting what the court says about electronic documents. s://scholar.google.com/scholar_case?case=5217588372009441389&q=credit+card+debt&hl=en&scisbd=2&as_sdt=ffffffffffffe04 MacDonald argued that the statements contained in the Robertson Affidavit are likely based on information contained on a computer screen. We agree. The fact that Robertson's statements are based
  18. This case, similar to the "Bassett" case out of MI that I cited earlier, was decided by the TN Court of Appeals about two weeks ago in a published opinion. The JDB could not prove an unbroken chain of ownership and lost. https://scholar.google.com/scholar_case?case=12203742873897682673&q=credit+card+debt&hl=en&scisbd=2&as_sdt=ffffffffffffe04 Emphasis in original.) In this case, because Converging Capital is not the original owner, it must likewise prove "every link in the chain" between it and Matthews. Matthews argues that a link is missing, pointing out in his brie
  19. "Based on the foregoing, we conclude that plaintiff failed to affirmatively establish a continuous chain of title to defendant's debt between FIA Card Services, N.A. and Midland Funding." You are correct. It was not about authentication. But the court was demanding more proof from Midland that it owned the defendant's particular debt. Other courts might have not have been so strict in insisting on a continuous chain of title.