DeWoskin Law Firm

Nightline: Woman Fights to Collect $10 million Judgment from Abusive Debt Collectors FDCPA Violations

Jill — Wed, 02 May 2012 03:40:29 +0000

Nightline: Woman Fights to Collect $10 million Judgment from Abusive Debt Collectors FDCPA Violations www.atlantatrial.com

On April 25, 2012, Nightline aired a segment, “Woman Fights to Collect from Collectors” [View Nightline Episode Here] in which a woman won a $10,086,000 judgment against abusive debt collector “RFA” for harassment and violations of the Fair Debt Collection Practices Act (FDCPA). RFA is an outfit run by Asset & Capital Managent Group ACM Group in Tustin California. The woman details how RFA called her for a debt she didn’t even owe and how terrified she became of the voice on the other line calling her vulgar names and threatening to “gang bang” her. Even worse, this call appeared to be coming from her local sheriff’s department because the debt collector had manipulated the caller ID output. She recorded all of her phone conversations and hired an attorney to hold RFA accountable for their violations of the Fair Debt Collection Practices Act (FDCPA) which prohibits this abusive behavior by debt collectors. Despite the fact that she was successful in winning her lawsuit, she expressed skepticism about whether or not she would ever see a dime of that money as RFA has yet to pay. Their lawyer calls the judgment “unfair”.

It is scary to think how many others might be out there that have endured this same abuse and harassment by RFA but did not act to hold RFA accountable for their actions. Even scarier, how many people succumbed to this abuse and paid RFA the money they were seeking to stop the abuse?

It is important to remember that the Fair Debt Collection Practices Act (FDCPA) prohibits this abusive behavior and provides for a statutory penalty of up to $1,000 to the victim of such abusive practices. You must be vigilant in holding debt collectors accountable for their abusive actions. If you are receiving abusive phonecalls, contact our office today. The one place you should always feel safe is your home. Just because debt collectors have a telephone doesn’t mean they have the right to abuse you with it.

Read more about the Fair Debt Collection Practices Act (FDCPA) and download your digital copy of the Federal Law at the Federal Trade Commission’s website here.

Daniel DeWoskin Trial Attorney Decatur Georgia Daniel DeWoskin Trial Attorney Decatur Georgia - Personal Injury, Consumer Debt Collection Lawsuit Defense, Criminal Defense DeWoskin Law Firm, LLC 309 Sycamore St Decatur, GA 30030 (404) 987-0026
http://www.atlantatrial.com Daniel E. DeWoskin, trial attorney serving the DeKalb, Gwinnett, Fulton and Atlanta metro areas. Handling cases including but not limited to personal injury, car wrecks, automobile collisions, insurance bad faith claims, debt collection lawsuit defense, and criminal defense.

Daniel DeWoskin on 11Alive News commenting on Supreme Court Ruling on Strip Searches in Jail

Jill — Wed, 04 Apr 2012 13:11:44 +0000

Daniel DeWoskin on 11Alive News commenting on Supreme Court Ruling on Strip Searches in Jail www.atlantatrial.com

In 2004, Attorney Daniel DeWoskin represented a group who filed a class action lawsuit against Fulton County challenging strip searches. 11Alive News requested comments from Daniel DeWoskin on this week’s Supreme Court decision that in the interest of security, invasive strip searches are necessary of jail inmates – regardless of the nature of the crime alleged of that person. The issue is not necessary one of just conducting strip searches on inmates in the jail who have already been convicted of a crime, it is concerning that these invasive strip searches take place when people are arrested and book into the jail for even the most minor offenses, including traffic offenses. In addition, individuals who are required to await trial incarcerated who are found not guilty by a jury don’t just get to walk out of the courthouse that day and go home. Even after being found not guilty, they must go back to the jail, endure an invasive strip search and be booked out of the jail.

For an inmate incarerated in the jail convicted of a crime, this “I want to make it clear, we’re talking about a very invasive search here,” Daniel DeWoskin said. “The reason this is particularly of concern is in Georgia, you can be arrested for speeding and for minor traffic violations.”

Free Debt Collection Consumer Education Clinic

Jill — Fri, 16 Mar 2012 23:48:29 +0000

Free Debt Collection Consumer Education Clinic www.atlantatrial.com

FREE Debt Collection Consumer Education Clinic!

Volunteer attorneys educating the public about debt collection lawsuits

May 29, 2012
June 12 & 26, 2012
July 10 & 24, 2012
August 7 & 21, 2012
5:30-7:00 pm
Decatur Branch of the DeKalb County Library.
215 Sycamore Street,Decatur, Georgia 30030

Are you struggling with debt? If you have been sued for a debt and you have questions about how to respond, how the process works, or what your rights are? The DeKalb Volunteer Lawyers Foundation has answers. Local attorneys will provide useful information to people who are being sued in consumer debt cases in DeKalb County. There will be an opportunity for short one-on-one conversations with the attorneys present. Participants are requested to bring all documents related to their case.

See the DeKalb County Public Library Events Calendar – Debt Clinic

Along with other prominent consumer attorneys of Atlanta, Daniel DeWoskin will be sharing his knowledge on the topic of debt collection lawsuits.

This event is sponsored by the DeKalb Volunteer Lawyers Foundation.

The Decatur branch of the DeKalb County Library System is conveniently located within walking distance of MARTA and the DeKalb County courthouse. For directions from Google Maps, click here.

It’s More Profitable to Violate Debt Collection Laws

Daniel DeWoskin — Mon, 12 Mar 2012 04:12:17 +0000

It’s More Profitable to Violate Debt Collection Laws www.atlantatrial.com

It is refreshing when debt collectors are held liable for their violations of consumer debt protection laws, but these consequences are often not enough to deter big debt collection companies from breaking the law to see bigger profits.

It is not everyday that debt collectors who engage in unlawful activity are held accountable for their actions. Thus, when it does occur, it is an occasion to be celebrated. Unfortunately, the celebration and victory may bring little or no relief to the parties who have suffered due to the illegal activities.

Recently, a Georgia debt collections company, Dorsey Thornton & Associates, LLC, entered into a settlement for $15,500,000.00 with the Governor’s Office of Consumer Protection (OCP). See Press Release Here. This settlement was achieved in response to the OCP’s investigation into reports that Dorsey Thornton threatened consumers with arrest or imprisonment, misidentification of themselves, other deceptive tactics in pursuit of debt collections, and refusal to send written documentation of debts they attempted to collect.

All of these things, and many others the company is alleged to have engaged in, are violations of the Fair Debt Collection Practices Act and could have cost the company far more had more consumers known how to hold the company accountable for its actions. $15,500,000.00 is a lot of money for a settlement of this sort, or so it would seem. However, history shows that even in light of these sizable settlements, they are but a drop in the bucket, or at the very least only a minor deterrent to the continuation of the illegal activities by debt collectors.

For instance, consider that Encore Capital, a San Diego-based debt buyer and one of the country’s largest debt buyers by revenue, reported gross collections of $761,200,000.00 last year alone. The company’s net income totaled $61,000,000.00 on $467,400,000.00 in revenue. Without going into too much detail in explaining these numbers, this company was extremely profitable.

So, considering how much money can be made by collections, and how much more money can be made when these debt collection companies engage in fear and intimidation tactics that violate the law, getting caught is a relatively moderate risk. Paying the price, so to speak, once these companies are caught and held accountable should not keep their boards of directors awake at night.

Currently, West Virginia’s Attorney General is suing Midland Credit Management and Midland Funding, LLC, both affiliates of Encore Capital. The suit alleges that robo-signers were used to obtain default judgments in violation of state and federal law. Although this suit will not take down the company and will likely not result in a sea change in the way Encore or any other collection company does business, some accountability for consumers is always better than no accountability.

As I always do, I close this article by encouraging consumers to be vigilant in dealing with debt collectors. Know your rights as a consumer. Do not ever take a debt collector’s word about what you owe and/or whom you owe it to. Know what is on your credit report and take action to correct and dispute inaccurate information. Be proactive and stand up for your rights. Vigilance is the best tool you have to not becoming just another victim.

DUI – WHAT IS THE TEN (10) DAY RULE?

Daniel DeWoskin — Thu, 02 Feb 2012 04:33:09 +0000

DUI – WHAT IS THE TEN (10) DAY RULE? www.atlantatrial.com

Arrested for DUI? Be aware of the “10 day rule”!

It could affect your ability to drive in the state of Georgia.

The “Ten Day Rule,” as it is sometimes called, refers to the requirement that a driver who is notified that his/her license is being suspended for either a.) Submitting to a state administered breath test that resulted in a blood alcohol content of 0.08 (Georgia legal limit) or higher OR b.) refusing to submit to a state breath test has ONLY TEN DAYS to appeal the suspension of his/her Georgia drivers license.

If an appeal and a request for a hearing is not timely filed, along with a filing fee of $150.00, the driver’s license is suspended after the expiration of thirty (30) days.

Depending on whether the person submitted to the breath test, there may be ways in which the person can avoid the suspension of his/her privileges for a full year. Simply put, whenever a person is arrested and charged with DUI, it is extremely important to seek the advice of qualified counsel at the earliest possible moment. Even taking a few days to decompress or form a game plan can compromise the driver’s case in very serious ways.