-
Subscribe Today!
Jun
1
Credit Card arbitration awards must be challenged within three months
Filed Under law | Leave a Comment
Attorney Robert E. Duff takes a look at recent Indiana case law that makes it difficult for consumers to challenge averse arbitration awards in state court.
The cases are Weldon v. Asset Acceptance, LLC, 896 N.E.2d 1181 (Ind. Ct. App. 2008) and Meyer v. National City Bank, No. 44A03-0808-CV-391 (March 31, 2009). There is no need to get into the facts of the cases or the legal intracacies. I’ll just tell you what they mean for Indiana consumers.
The Weldon case makes it very difficult for Indiana consumers to challenge an arbitration award. First, and this is critically important, the challenge must be filed within three months after the award is “filed or delivered.” What “filed or delivered” means apparently will depend on the rules of the entity agreed-upon (allegedly) to conduct the arbitration. In Weldon’s case, it was the mailing of the award by U.S. Mail. Proof of receipt of the mailing is not required. This means that, as Weldon alleged in his case, the time to challenge the arbitration award could expire before the consumer has any idea that an arbitration was ever filed! If that happens, under the Weldon decision, the consumer is simply out of luck
Jun
1
Fair Debt Collection Practices Act overview
Filed Under law | Leave a Comment
The Boston Herald has a good overview of the Fair Debt Collection Practices Act for business — as well as debtors.
Apr
22
A lawsuit was filed in Cook County, Illinois recently after a bank’s skip trace firm placed comment on a debtor’s daughter’s Myspace page threatening her with imprisonment if her father didn’t contact the skip tracer.
The Plaintiff’s complaint in Ricobene v. JP Morgan Chase Bank and Universal Tracing Services, Cause No. 2009-L-004397, filed April 13, 2009 in the Cook , Illinois Circuit Court alleges that skip tracer left a threatening message on the Myspace page of the Plaintiff’s daughter:
Gina Ricobene
Dear Ms. Ricobene
We have been retained by, JPMorgan Chase Bank, to locate and repossess their missing collateral a 2007 Mercedes GL450. Please contact our office immediately so we can discuss the peaceful recovery of the collateral. Failure to contact me will result in further action against your father James Ricobene. Legal options range from having a replevin order served on you or even worse reporting the collateral as stolen to local authorities in Illinois under the A.R.S. act 18-5-504. Failure to comply with this notice of surrender is a class 5 felony and carries a maximum penalty of imprisonment for two years plus all applicable surcharges. You must contact the writer within 5 days to prevent this action from taking place. You can contact me directly at 800-667-7704 ext 222 or directly at 604-267-1581 ext 222.
Awaiting your immediate response.
Chris Flanagan
Senior investigator.
The complaint states that the Myspace page wasn’t the debtor’s page, that the daughter had no interest in the Mercedes, that a felony that doesn’t exist in Illinois was threatened in a civil matter, and that “in fact, it is not a crime to refuse to surrender collateral without a court order in Illinois.” See Plaintiff’s complaint, rhetorical paragraphs 6-14 for the facts.
Here’s the low down on damages requested:
Count I of Plaintiff’s complaint alleges libel requests damages in the amount of $50,000, plus punitive damages, plus costs.
Count II of Plaintiff’s complaint alleges invasion of privacy requests damages in the amount of $50,000, plus punitive damages, plus costs.
Count III of Plaintiff’s complaint alleges consumer fraud act requests damages in the amount of $50,000, plus punitive damages, plus costs.
It’s amazing that these types of consumer debtor abuses happen in these days when the Fair Debt Collection Practices Act and other laws make these types of debt collection practices a lighting-rod for consumer protection lawsuits.
Link to Cook County’s electronic docket: 2009-L-004397
