FDCPA Attorney Brian P Parker has filed a Federal Class Action against Consumers Energy and Midwestern Audit Services Inc. He is now suing both companies as debt collectors for not providing Consumer customers with the FDCPA and Michigan right to dispute their debts.

Brian P Parker quotes, “The uniqueness of the case is that we are citing the “false name exception” to the general rule that creditors like Consumers Energy are not debt collectors”.  He adds, Creditors like Consumers Energy are using debt collectors like Midwestern Audit to collect their utility bills and avoiding the Federal Debt Collection Protection Act in doing it.”

Consumers Energy notifies its new customers of old bills from other households, relatives, friends or ex- spouses by notifying the new account holder through a letter from a separate collection agency that they are transferring the old bill to the new bill within the next ten days. If the new bill that now contains someone else’s bill is not paid by the new customer, the new customer faces a shut off of his utilities.

“It is very clever”, admits Brian P Parker “The letter that is sent by a collection agency has none of the FDCPA and Michigan Collection Act (MOC) provisions regarding a debtors rights to dispute the bill.” “The collection agency like Midwestern says they are not acting as a collection agency and that they are only communicating the Consumers’ transfer notification.” Both organizations are trying to avoid providing people their rights under both Federal and Michigan law to dispute the old debt placed on their new account.

The collection agency makes it appear very legal and casual, “Consumers Energy controls everything.” Normally, Consumers Energy, as a creditor under the FDCPA cannot be prosecuted for a violation of the FDCPA. However, the FDCPA is still there for the consumer even if Consumers and Midwestern are not. Parker recognizes the help from Federal law in calling their bluff, “Under the ‘false name exception’ to the FDCPA, if a creditor controls the collection agency it uses as is the case in the class action here, it is a collection agency under the act and people must be told of their dispute rights in the letter Consumers is sending.”

“If you have a old Consumer’s bill being forced on you by Midwestern or any other debt collection agency, let us know right away,” urges Parker.

Posted on December 21st, 2009 by CollectionStopper
Filed under: The Fair Debt Collection Practices Act | No Comments »

The Fair Debt Collection Practices Act (FDCPA) was developed to protect consumers from being harassed by the collection agencies. Its other purpose was to level the playing field for debt collection agencies that followed the law.

Our firm goes after the agencies that believe that breaking the law is the only way to make money in collections. We see fear and harassment as part of the DNA of a lot of the agencies we sue. We turn the thing around and let them worry for a while as we come after the bad debt collector with the power of the Federal Law.

Smile, you just got contacted by a debt collector!

Whether you owe a debt or not, you should not suffer at the hands of a collection firm that uses intimidation and bullying tactics instead of working with each debtor within their means. When the debt collector crosses the line we act fast for our clients in giving them peace of mind and comfort that only the power of the FDCPA (and your state collection statute) can bring in cleaning up the bad guys.

Just hiring us is the best first step. Once you hire an attorney, the collection company is not allowed any further contact. If you send a validation or “cease and desist” letter, that too serves to end any further disruption of your life or fear to answer the phone. This is all before any suit is filed. If a debt collector contacts you after sending them a validation letter or obtaining an attorney, you have an even better case. Make them pay you.

Next, we sue the debt collector. You can receive money damages, an elimination of the debt or a possible removal of the debt from you credit report. Either way, or clients are happy from almost day one and they don’t pay us anything. We make the bad guys pay under the FDDCPA.

If they sue you, Smile again.

Debt collectors sue first and ask questions later. They give their law firms little of any information to sue on figuring you will not answer the lawsuit, there will be a default and then they will not have to prove anything to get your money. Don’t let that happen to you. If you get sued by a debt collector, call us. We will represent you for free if there is an FDCPA violation and then sue them to get you money damages for wrongfully suing you. Parker Power!

Why we Smile

All we are doing is suing really, bad guys for breaking the law. We are also supplying our clients with the proper means to protect themselves and punish those bad guys that make our clients’ life a nightmare. In less then 24 hours we can put a smile on our clients’ faces and make the debt collector have the nightmares. There is a new Sherriff in town and our silver badge has the letters FDCPA printed on it. So hang in there pardner, and smile.

Author: Brian Parker

Posted on April 13th, 2009 by admin
Filed under: The Fair Debt Collection Practices Act | 1 Comment »

People earn money and get on the richest list of prestigious magazines. Some inherit it and do not add to it, tilting the scales for the ones who are successful in multiplying the inherited wealth and stay on the top. The rich are more in debt than we tend to think. While the middle class borrow to maintain their lifestyles and to pay the bills, the wealthy use debt to expand their wealth. Most rich people are not debt-free. The middle class and many lower-income Americans rely on credit cards and home-equity and other loans to meet living costs. You are not rich; it is OK, to certain extent. Who do you think you are kidding if you pretend to be rich by spending money you borrowed?

Do not feel alone and depressed because you are in debt. On the flip side, you are not alone. On the brighter side you have the makings of the rich and famous. Billionaire CEO Larry Ellison, of Oracle Corporation ran up more than $1 billion in debt. Forbes Magazines named him the 4th richest in the world. Forbes magazine puts his net worth at $18.4 billion. Borrowing among the richest Americans has never ceased in the past few years. Low interest rates have augmented their leveraging capacities and their wealth.

Debt has always been thought as a poor man’s prerogative. But the modern day economics offered it as a powerful tool to change the face of the financial world. The precedence set by the modern rich-folk indebtedness has glorified borrowing. The breed of this rich individual actually established it as the ability of taking advantage of the leverage it offers rather than an inability to pay ordinary bills. Look at the big picture. You pay the interest on the debt al right, but then you are gaining higher returns on money you borrowed for an investment.

The rich borrow for the following reasons:

• For the rich, debt is a financial tool
• The rich, essentially invest debt for primary or non primary residences
• They do not cringe at the thought of risk
• They are business men who gained by leveraging debt
• They use bigger debts to grow bigger wealth

We envy their lifestyles and their bank accounts. But if we try, we too can get closer to them in spirit. These people are risk takers that not only own their wealth, debt or no debt but also, know how to treat their wealth and debt with respect.

• They are philanthropists, like Warren Buffet who is donating to Bill Gates foundation
• They run closely held family owned businesses that are a major source of wealth
• They risk, borrow and invest to diversify their business
• They live a very unassuming lifestyle, they do not own fancy cars
• They do not burden themselves with credit card debts, installment debt or auto loans
• They own their homes and investment property
• Most of their wealth is investments
• They never stop buying more homes

Exclusive breed or not, like them, you too can take strategic risks, get into debt, invest, live simple lives, and diversify. You may or may not make it to the Forbes 400 list of the richest as a multi billionaire, but you will never be poor.

For More Information: http://www.collectionstopper.com/

Posted on March 16th, 2009 by CollectionStopper
Filed under: Debt Collection | No Comments »