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.

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

My brothers and sisters sold their inheritance for a ridiculous amount, for the simple reason that their jobs demanded them to stay away from this town and this money could pay for the house mortgage debt they have in the metros.

I do not have a luxury car, washing machine, cooking range or even a refrigerator or an automated water filter. Worst, I do not have a regular job. And, I do not have DEBT. I only do free lancing and giving cookery classes, all at home.

I do not have the luxury things, not because I am incapable of generating wealth. If I leave the place for a job just for the purpose of generating revenues I perhaps would not be taking care of my parents in their last years. I perfected the art of remaining above poverty line, living within the financial boundaries – without debt and without wants. I studied in the best school, college and university and I do not consider myself deprived or poor for the value adding skills I picked up there that had put me in control of any situation, especially managing within limited means, without debt. I am Creative. And I believe it’s a skill any body can develop, to reduce the credit card debt, college loan debt and mortgage debt. Willing to make a conscious choice to manage money wisely is the creativity we all need the most in the times of recession to avoid debt.

Debt is a financial suicide if you use a credit card for the things once bought, start losing in value such as:

• Going on vacation
• Buying designer dresses and accessories
• Repaying other debt
• Buying gifts for others
• Furniture for the new house/replace the old one

Debt you afford to owe for the things that would increase in value and generate revenue sooner or later, are as follows:

• Get a college/University degree: It will give you skills to earn better
• Buy a home: If you rent it out, it will pay off the mortgage
• Start a business: Helps you generate money for you and to repay the loan

When you find yourself in the hole of debt, borrowing more to come out of it is only digging a deeper grave. When I decide I do not borrow for the things I do not need I avoid debt. Luxury stuff is not a need, it is a want. Being rich would have made me happier and more generous. But then I would still be thinking of the distinction between needs and wants and still be trying not to use credit cards, to buy stuff that loses value the moment it comes into my hands. This refusal to get into debt would have nothing to do with my fat bank balance. After all, the richest is the one who has no debt.

Visit www.collectionstopper.com if you are being sued by a credit card debt collector. If a credit debt collector has sued you illegally, you will be represented for free and then sue the debt collector and make them pay you under the FDCPA. For Free! Fill out our free case evaluation form. Your case will be reviewed and you will be contacted usually within 5 minutes to 1 hour’s time.