 It is not uncommon for creditors to unknowingly (and sometimes knowingly) break the law when attempting to collect a debt. When that occurs, the rules are in your favor, and we can help you 'drop the hammer' on them. They can be fined, and in certain circumstances you can sue them for damages.
The FDCPA (Fair Debt Collection Practices Act) was passed to, among other things, " eliminate abusive practices in the collection of consumer debts, promote fair debt collection, and provide consumers with an avenue for disputing and obtaining validation of debt information in order to ensure the information's accuracy." You can read the specifics here. The term 'debt collector' is "any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another." There are many ways debt collectors can violate the act, including:
Also, if the consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt. The debt collector, may, however, communicate settlement options, or confirm that further efforts are being terminated. Debt collectors may not harass. The debt collector violates the act if they are speaking to the consumer, consumer's spouse, or guardian (if the consumer is a minor) and knowingly uses obscene or abusive language, publishes a list of consumers who allegedly owe a debt, advertises for the sale of a debt to coerce payment, causing a telephone to ring or engaging a person in a phone conversation repeatedly, and/or making phone calls without meaningful disclosure of the caller's identity. False representation: debt collectors also may not claim association with, bonded by, vouched for, or affiliated with the United States or any State with some sort of badge, uniform, or anything similar. There are stipulations within the act, however, that may allow a debt collector to claim their violations were not intentional and were bona fide errors. The preponderance of evidence, however, must be quite convincing for most courts to decide against the consumer. These are just a few of the occurrences that you may be dealing with if being pursued by a debt collector or collection agency. If you feel they have overstepped their boundaries in their efforts, contact us for a consultation at the law office of T. Verner Smith, by calling (731) 423-1888.
The lawsuit says Chloe was with her mother in a children's area on the ship's 11th deck. The mother had to attend to another matter, and the child's grandfather (Anello) came to supervise the child. The lawsuit says "Mr. Anello was closely supervising Chloe as she played," and at one point "Chloe walked to a nearby wall of glass windows on the same deck," her grandfather accompanied her. "Unknown to Mr. Anello at that time, this was not, in fact, a wall of fixed glass," the suit continued. Instead, some of the panes in the middle row could be opened, including other passengers.
After reaching the windows, the girl asked to be lifted so she could bang on the glass as she did at her brother’s hockey games, the suit says. The grandfather lifted her onto the railing and held her as she leaned forward to bang on the glass that they thought to be in front of them. But with no glass there, "she slipped from Mr. Anello’s arms, falling through the open pane and down approximately 150 feet below" onto the pier in San Juan, killing her, according to the suit. The family's suit suggests the accident could have been avoided if the cruise ship's owners posted warning signs, marks on the windows, or other methods to prevent such an incident. At the law offices of T. Verner Smith, we represent clients who have suffered personal injury or worse due to the negligence of another. These types of lawsuits not only provide necessary compensation for those who were wrongfully hurt in an accident, but also creates an environment of caution leading to higher safety standards for all. Call us for a free consultation at (731) 423-1888, (901) 730-4567, or (615) 371-6136.
According to the complaint, Ecolab first distributed their OxyCide cleaning products to more than 500 hospitals nationwide in 2013. Since that time, multiple hospital workers reported serious physical injuries, including burning of the eyes, nose, and throat, coughing, nasal problems, dizziness, headaches, nausea, nose bleeds, skin burns, respiratory irritation, rashes and other reactions.
At the law offices of T. Verner Smith, we represent clients who have suffered personal injury due to the negligence of another. These types of lawsuits not only provide necessary compensation for those who were wrongfully hurt in an accident, but also creates an environment of caution leading to higher safety standards for all. Call us for a free consultation at (731) 423-1888, (901) 730-4567, or (615) 371-6136.
We have handled debt counseling and bankruptcy cases for thousands of Tennessee residents over the last three decades and welcome the opportunity to counsel you as well. Feel free to contact us anytime and we can tell you the first few steps necessary to get this process underway. Email us by clicking here, or call us at (731) 423-1888, (901) 730-4567, or (615) 371-6136.
 Have you recently been involved in an accident in which the other person has blamed 'hydroplaning' for losing control of their vehicle?
Hydroplaning is a term describing the sliding of tires across a wet surface. These incidents often cause a chain reaction crash, often resulting in injuries. While some hydroplaning incidents may be determined as unavoidable, a great number can be prevented with proper driving techniques. Hydroplaning can be caused by multiple negligent actions:
If you believe that you or a loved one have fallen victim to someone who was careless while driving, you may have a case that proves their actions were negligent and any pain or suffering you endured or continue to endure could result in a potential lawsuit. Contact us for a case review. At the law offices of T. Verner Smith, we represent clients who have suffered personal injury due to the negligence of another. These types of lawsuits not only provide necessary compensation for those who were wrongfully hurt in an accident, but also creates an environment of caution leading to higher safety standards for all. Call us for a free consultation at (731) 423-1888, (901) 730-4567, or (615) 371-6136. |
Verner smith blogCall us at (731) 423-1888 Archives
March 2020
Categories
All
|
RSS Feed
|
|
|
No attorney-client relationship is established by contacting the firm; No confidential info should be sent via the internet; No legal advice is given on the site.
Privacy Policy - Website Disclaimer
Privacy Policy - Website Disclaimer