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What Should a Debt Collector Do When Calling a Vulnerable Consumer?

A study by British industry groups and academics recently set out best practices for debt collectors dealing with so-call vulnerable consumers. InsideARM, a US debt collectors’ trade publication has taken interest and encourages senior management to read it. Among the studies’ key findings were:

  1. 1 in 4 frontline debt collectors spoke to at least one consumer they “seriously believed” might commit suicide.
  2. Debt collectors need training concerning addiction and terminal illness – areas they (understandably) find difficult to discuss with consumers.
  3. Debt collecting businesses need to provide their staff with more support in identifying vulnerable consumers
  4. Ad hoc approaches to vulnerable consumers – such as temporarily ceasing collection to give the customer “breathing space” are not enough.
Read More »What Should a Debt Collector Do When Calling a Vulnerable Consumer?

DEBT BUYERS: Maryland’s Highest Volume Lawsuit Filers of 2017

Maryland Judiciary Case Search provides a public window in the court system in Maryland. Case types, the names of parties, judgments and charges are all public information, displayed on case search. Through this window, we can see what the largest institutional users of the court system are up to. Here’s what six of the largest… Read More »DEBT BUYERS: Maryland’s Highest Volume Lawsuit Filers of 2017

Striking Boilerplate Defenses in Federal District Court

Plaintiffs in federal court must file long, detailed complaints to avoid motions to dismiss for failing to meet the Supreme Court’s Twombly/Iqbal pleading standards. So, it can be vexing when a corporate defendant files answer with boilerplate affirmative defenses. The Supreme Court has not addressed what standard defendants must meet when they plead, and the… Read More »Striking Boilerplate Defenses in Federal District Court

Identity Theft Defense: Are You A Victim of Identity Theft and Being Sued? Follow These 4 Steps

Hundreds of businesses have your personal information these days. This includes sensitive information such as your birthday, address and even your social security number. On top of that, some of them even likely lost that information to third party hackers, increasing your risk of identity theft. Lately we’ve seen several cases of people who were… Read More »Identity Theft Defense: Are You A Victim of Identity Theft and Being Sued? Follow These 4 Steps

What Is The Standard Of Review For A Motion To Dismiss In The United States District Courts In The Fourth Circuit?

Sometimes known as the “so what?” motion, the Defendant who files a Motion to Dismiss is saying that “even if everything you say is true, it still does not state a legal claim. It’s just a nothing-burger.” Because of the financial, emotional, and logistical commitment of prosecuting a lawsuit in federal court, the last thing… Read More »What Is The Standard Of Review For A Motion To Dismiss In The United States District Courts In The Fourth Circuit?

hospital lawsuit cases

New Rules For Nonprofit Hospital Lawsuit Cases

By Paul Kiel, ProPublica. Originally posted here. Republished here under a Creative Commons license.

Nonprofit hospitals get big tax breaks for providing care for patients who can’t afford it. Under new IRS rules, hospital lawsuit cases must take extra steps to inform poor patients that they may qualify for financial assistance.

Last month, ProPublica and NPR detailed how one nonprofit hospital in Missouri sued thousands of lower-income workers who couldn’t pay their bills, then seized their wages, all while enjoying a big break on its taxes.

Read More »New Rules For Nonprofit Hospital Lawsuit Cases