If you’re in debt or owe some money, you’re not alone! It’s estimated that 80 percent of Americans have some form of debt, for things… Read More »5 Debt Collection Practices You Didn’t Know Were Illegal
Many consumers in Maryland need to meet security clearance requirements. We have lots of experience defending people whose clearance is threatened when they get sued… Read More »Security Clearance Requirements & Debt: 3 Things You Need to Know
“Like it or not, there are still de facto debtors’ prisons for collection of all kinds of debts, including medical debt, in the United States… Read More »Should Medical Debt Be Treated Differently Than Other Debt?
Frequently in student loan and other collections cases, a person gets sued in Maryland, but the contract specifies that the law of a state other… Read More »The Law of the Forum and Maryland Student Loan Statute of Limitations
We have successfully defended many cases where the debt buyer plaintiff alleged that the statute of limitations was 12 years (not 3 years) because the… Read More »Statute of Limitations and Contract Under Seal in Maryland
We have handled several cases in which we successfully got judgments vacated because the Defendant was never served. This is not an uncommon problem, because… Read More »Motions to Vacate a Judgment in Maryland
At Holland Law, we have defended many lawsuits that were filed after the expiration of the Maryland statute of limitations. There are a few different… Read More »Maryland Statute of Limitations
Private debt collectors are subject to a variety of laws policing their collection of private debts. The Fair Debt Collection Practice Act (FDCPA) imposes clear and strict requirements on debt collectors – such as preventing them from shaming consumers into payment by publishing the names or calling their parents, preventing them from lying to consumers or threatening them with illegal behavior.
However, FDCPA applies only to consumer transactions and does not cover matters such as tax debts. Boyd v. J.E. Robert Co., 765 F.3d 123 (2d Cir. 2014); Beggs v. Rossi, 145 F.3d 511 (2d Cir. 1998). Federal employees are also specially exempted from the FDCPA. 15 U.S.C. § 1692a(6)(C).
So, what’s left to protect taxpayers?
In a time of limited resources, perhaps a new model is emerging of joint CFPB/State Attorney General enforcement actions. The 2015 joint action by the Bureau and Maryland Attorney General Brian Frosh provides a nice case study. In 2015, Maryland Attorney General Brian Frosh and the Consumer Financial Protection Bureau took an action against a… Read More »Joint Enfocement Action: Maryland Attorney General and CFPB Act On Illegal Mortgage Kickbacks
Strong bankruptcy laws are part of America’s legal heritage. They allow people who make mistakes, or are just unlucky, a chance to start over by erasing their debts. Bankruptcy is not an easy process, since it involves either “liquidation” through Chapter 7 or several years in a Chapter 13 payment plan that takes up almost… Read More »Mortgages Discharged In Bankruptcy: Servicers Bombard Consumers With Confusing Disclaimers
