Attorney Dani K. Liblang Goes Beyond Lemon Law with the Institute of Continuing Legal Education

There are a lot of lawyers out there, but not all of them can help you when your car doesn’t live up to the hype. When a persistent problem sends you back to the dealership for a 4^th time, you need a lemon law expert. Attorney Dani K. Liblang of The Liblang Law Firm, P.C., was recently asked to speak on the issue by the Institute of Continuing Legal Education.

Fiat Chrysler in Hot Water for Failing to Report Claims to NHTSA

2015 has been a tough year for auto makers. In July, Fiat Chrysler paid $105 million and agreed to three years of close monitoring to settle charges by the National Highway Traffic Safety Administration (NHTSA) that the company had not met recall requirements. Now, that close scrutiny has revealed the company significantly under reported defect claims to the agency, a mistake that could cost them even more in fines and recalls.

Volkswagen Faces International Consumer Protection Scandal

Over the past couple weeks, all eyes have turned to Volkswagen. The U.S. Environmental Protection Agency directed the company to recall a half million vehicles for having deceptive emissions systems. The act sparked an international crisis and caused CEO Martin Winterkorn to resign. And that is only the beginning.

Happy Birthday to the Consumer Financial Protection Bureau

Four years ago, the Consumer Financial Protection Bureau opened its doors and began the hard work of standing up for consumers against discriminatory lending practices, predatory lending, and other abusive behaviors. As the agency celebrates its birthday, Director Richard Cordray recognizes, it has a lot more work to do.

Federal Agency Says Creditors' Rights Law Firm Uses Unfair Collections Practices

Consumer advocates have known collections company lawyers often can't prove their cases for years. Now the Consumer Financial Protection Agency says one creditors' rights law firm's tactics actually violate consumer protection laws by using unfair collections practices.

The Consumer Financial Protection Bureau has filed a lawsuit against one of Georgia's largest “Creditors' Rights” law firms, claiming the firm's lawyers weren't meaningfully involved in their cases and that their processes violated the Fair Debt Collection Practices Act (FDCPA) and the Consumer Financial Protection Act (CFPA).

So-called Creditors' Rights law firms sue consumers for past due debts on behalf of the collections companies. In the case of the Georgia-based law firm defendant in the lawsuit, the firm's eight to 16 attorneys had filed over 350,000 lawsuits in four years. According to the Bureau, the attorneys relied on support staff and automated systems to do everything from researching cases to preparing filings – spending no more than one minute reviewing each document.

The Bureau's complaint also claimed that the lawyers for the collections companies knew the debts they were suing to collect had been purchased by debt buyers, so no one at the companies had personal knowledge of how the debts came to be. According to the Bureau, this means the lawyers knew or should have known that they wouldn't be able to prove their cases when they were filed. This could explain why the firm voluntarily dismisses about 155 collections cases every week.

This month, the federal judge refused a request to dismiss the Bureau's lawsuit. That means that the creditor's rights firm could be financially liable for filing lawsuits it knew couldn't win and misrepresenting their lawyers' involvement in the cases they file. It could fundamentally change how collections law works across the country.

The single best way to defend against these kinds of collections harassment lawsuits is to hire a lawyer as soon as you are contacted by a collections firm. Consumer advocates like the attorneys at The Liblang Law Firm, P.C., know the tactics of creditor's rights attorneys, and they know how to fight them. The Bureau has found, “consumers who retained attorneys were almost four times more likely to have their cases dismissed.”

According to Michigan consumer protection attorney Dani K. Liblang:

“It is great to see the CFPB taking an interest in cleaning up these practices. These days, when one’s credit history is used not only to judge creditworthiness but, also, to determine such other life necessities as insurance rates and employment eligibility, protecting the integrity of the system is even more important than ever.”

The consumer protection attorneys at The Liblang Law Firm, P.C. are ready to defend you against the harassing tactics of creditors' rights firms trying to collect on your debt. If you have been the victim of collections harassment, contact The Liblang Law Firm, P.C., for a free consultation.

FCC Tightens Protection Against Robocalls

The U.S. Federal Communications Commission is tightening restrictions that prevent telemarketers from using robocalls and automatic dialers to reach consumers. This could open the door for class action lawsuits against auto-dialing companies.

Cell Phone Providers to Pay for Cramming Schemes

Have you ever gotten horoscope readings, sports scores, or medical alerts texted to you? Did you pay for them? If so, you could see a credit on your cell phone bill. These "cramming" schemes recently resulted in two nationwide settlements that could put money back in your pocket.

Safety Administration Calls Out Fiat Chrysler

The National Highway Traffic Safety Administration has called Fiat Chrysler to appear at a public hearing tomorrow, July 2, 2015, to address safety concerns. The administration says the Michigan auto maker didn't issue recalls fast enough to address key safety issues.

The NHTSA is in charge of monitoring automotive manufacturers selling cars in the United States to make sure they build their cars safely and respond to reports of defects appropriately. But according to the NHTSA, Fiat Chrysler hasn't done either. According to a public notice released ahead of tomorrow's hearing:

"NHTSA has tentatively concluded that Fiat Chrysler has not remedied vehicles in a reasonable time and has not adequately remedied vehicles."

At the public hearing, Fiat Chrysler will have to answer how it met its duty to send vehicle owners notice of safety issues and recalls. At issue are 22 safety campaigns, including 20 different recalls applying to 11 million vehicles. The recalls cover everything from ignition switches to fuel tanks, air bags to axles. Some of the safety issues could affect the way Fiat Chrysler vehicles steer, brake, and handle.

This isn't the first time that the NHTSA has called Fiat Chrysler out for safety issues. After the administration sent the automaker 12 pages of questions earlier this year, Fiat Chrysler provided over 5 million pages of safety documents. The manufacturer asserts that this documentation eliminated the need for any hearing. According to Fiat Chrysler spokesperson Eric Mayne:

"The initiatives described in our response to NHTSA's Special Order reflect a deep commitment to thorough investigation and the timely remedy of safety defects. . . . While this commitment has helped FCA US LLC achieve positive results, we will not be satisfied until we firmly re-establish the trust our customers place in us."

But the mountain of documents does not explain why Fiat Chrysler failed to notify owners of safety concerns within the 60 day window provided by the NHTSA. In one case, notices in an air bag recall were over five months late. In at least 2 recalls, notices have yet to go out at all.

If the NHTSA isn't satisfied with Fiat Chrysler's responses at the Washington hearing scheduled for 10:00 a.m. tomorrow, the administration could require the automaker to pay over $700 million in fines and to replace or buy back defective vehicles.

By failing to provide prompt recall notices to its auto owners, Fiat Chrysler put millions of drivers at risk. Accidents caused by these defective vehicles could cost motorists thousands of dollars, and even their lives.

Attorney Dani K. Libliang of The Liblang Law Firm, P.C., is an auto accident attorney with a passion for protecting the victims of automotive defects. If you or someone you know has been in a serious auto accident, contact The Liblang Law Firm, P.C., today for a free consultation.

GM To Pay For 100 Deaths From Faulty Ignition Switch

Imagine driving down the freeway, bumping your steering column, and having your car shut down. That's what GM drivers have been facing for years. But now, GM is going to have to pay for it.

Unfair Collections Practices: 5 Things to Watch For

If you have had a debt turned over to a collections agency, you probably have been subjected to unfair collections practices. But if you don't know what to watch for, how will you know?

Consumer Protection Bureau Criticizes Arbitration Clauses

If you have a credit card or a mobile phone, you have probably signed an arbitration clause. Find out what that means and why the federal Consumer Protection Bureau is considering restricting them.

What is an Arbitration Clause?

An arbitration clause is a paragraph in a contract requiring any disputes to be taken before a private decision maker, called an Arbitrator, before they can go to court. When it works well, an arbitration clause can be quicker and less expensive than filing a lawsuit. The decision made by the arbitrator is binding – meaning it is final and can only be overturned in very limited situations. This avoids long appeals to higher courts and resolves the conflict faster.

What is the Problem with Arbitration Clauses?

When parties don't have the same negotiating power, an arbitration clause can turn from efficient to unjust. Big industry leaders include these provisions into their boiler-plate contracts knowing that the average consumer will not read them or know what they mean. When a consumer sues the company, its lawyers can get the case dismissed because the consumer didn't go through arbitration first. Since the decision is binding, the consumer can't get a judge to review a ruling favoring the big company, and he or she ends up stuck with a bad result.

Why the Consumer Protection Bureau Cares

Generally, two parties can agree to any financial arrangement in a contract. But when an agreement heavily favors the “big guy” over the “little guy” the federal Consumer Financial Protection Bureau can step in. When it comes to arbitration clauses, bureau director Richard Cordray said:

“Our study found that these arbitration clauses restrict consumer relief in disputes with financial companies by limiting class actions that provide millions of dollars in redress each year.”

Class action lawsuits can be used when many consumers are hurt in the same way by the same company, for example by charging inappropriate termination fees. They let a few representatives protect the rights of the whole class. Because arbitration clauses require each class member to go to arbitration independently, they strip the public of this important consumer protection tool.
That's why the Consumer Protection Bureau is considering limiting the use of arbitration clauses by banks and credit cards. Similar bans already apply to mortgage agreements, for the same reasons.

Big business lawyers know how to take full advantage of every sentence their contracts, including arbitration provisions. If you have a dispute with a service provider, you need to contact an experienced consumer protection attorney like Dani L. Liblang. She and her team at the Liblang Law Firm , P.C., have been representing Michigan's consumers for over 30 years. She can help you go up against the big guys and get your dispute resolved fairly. If you have a consumer protection concern, contact the Liblang Law Firm, P.C., today to see if you have a case.

HOUR Detroit Names Attorney Dani Liblang Super Lawyer

The popular magazine, HOUR Detroit has featured Attorney Dani Liblang in its March 2015 print edition as one of the Top Women Attorneys in Michigan. This follows Liblang being labeled a Super Lawyer by Thomson Reuters for the ninth straight year.