Lemon Law Attorney Dani Liblang Named a Notable Woman Lawyer by Crain’s Detroit

Attorney Dani Liblang of The Liblang Law Firm, PC, has been named a Notable Woman Lawyer by Crain’s Detroit Business. With over 35 years of lemon law experience, Liblang is an advocate for consumer rights against auto manufacturers and dealerships.

Poor Michigan Residents Pay More for Auto Insurance

It’s no secret that Michigan has some of the highest rates in the country for auto insurance. But how much a particular person pays has to do with far more than his or her driving record. Now advocates are calling for reforms to keep poor Michigan residents from paying more for their auto insurance than their wealthy counterparts.

Why You Shouldn't Give Your Cell Phone Number to Your Creditors

 

Mr. Hill was fed up. He had received nearly 500 calls from his creditor on his cell phone, some of them automated. He thought the Telephone Consumer Protection Act would protect him against these abusive collections practices. But he didn't realize, by giving his cell phone number to his creditor, he opened himself up to more than he bargained for.

The Telephone Consumer Protection Act is designed to respond to consumer complaints of creditors using technology for abusive collections practices. The law prohibits collections companies from calling a debtor's cellphone "(other than a call made for emergency purposes or made with the prior express consent of the called party) using any automatic telephone dialing system or an artificial or prerecorded voice."

But Mr. Hill had provided "prior express consent." He had told his original lender to use his cell phone, rather than an outdated home phone number. Then he gave the number to the collections company, knowing that they would use it to contact him about his debt. What he didn't realize was that by providing that number to his creditor he was also opening himself up to the use of automatic dialing and automated messages by the credit company and any later collections company that was put in charge of recovering payment on the loan.

That's why you should never give your cell phone number to a creditor or debt collection company. You may think you are just making it easier for them to reach you, but you are also stripping away important consumer protections against abusive electronic telephone collections practices.

Collections companies can be aggressive enough without debtors giving them the green light. If you are being harassed by creditors who have crossed the line, contact Dani Liblang and the consumer protection team at The Liblang Law Firm PC today for a free consultation.

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.

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?

Watch Out for Robodialer Collection Calls

If you are behind on your payments, you usually know it. Even if you don't, the collection companies aren't likely to let you forget. But when collection calls use a robodialer or recorded messages, you might have a claim against them later on.

Obama Speaks Out In Support of Payday Loan Regulations

Many low-income families rely on payday loans to stretch their money from paycheck to paycheck. But these short-term loans often take advantage of consumers. That's why President Obama and the Consumer Financial Protection Bureau are calling for regulations that balance credit availability and predatory lending protections.

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.