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ALERT! Lender Attorneys Trying to Get Immunity for Abusing Consumers

11/19/2018

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Clear proof of Lily Tomlin's saying that

"No matter how cynical you get, you can't keep up."

Attorneys for Wall Street and bottom on the barrel debt collectors alike are trying to get out of having to follow federal law that protects consumers by limiting the kinds of tactics that collectors can use.

Right now, the Fair Debt Collection Practices Act covers debt collecting attorneys the same as all other debt collectors. Lawyers for the collectors are trying to give themselves an immunity shield so that they can go back to using these abusive tactics without fear of being held to account by consumers.


If anything, by virtue of being attorneys, attorneys who collect debts should be held to a HIGHER standard, not allowed to break the law with impunity.

Let your congressional representatives know that you
OPPOSE ANY EFFORT TO EXEMPT ATTORNEYS FROM THE FDCPA.

Here's the text of an alert on the subject from the National Consumer Law Center. The complete text with end notes is at the end (click on it below to download file).


A bill pending in the U.S. House of Representatives, H.R. 5082, Practice of Law Technical Clarification Act of 2018 (Mooney-Gonzalez) (amending the previously filed H.R. 4550), would exempt attorneys and law firms engaged in litigation from the Fair Debt Collection Practices Act (FDCPA) and eliminate Consumer Financial Protection Bureau (CFPB) authority over them.

The changes made in HR 5082 make it even more harmful to consumers than H.R. 4550 because it would add an exemption from the FDCPA for “any other activities engaged in as part of the practice of law . . . that relate to the legal action.” This vague language expands the scope of the exemption significantly. While the bill requires attorneys to “attempt” to give the consumer legal notice of the lawsuit, abusive activities would be exempt even if the consumer never had actual notice.

Congress1 and the courts2 have recognized for decades that consumers must be protected from false, deceptive, misleading, and unfair practices by lawyers collecting debts in courts. This bill attempts to turn back the clock, and would allow collection attorneys to engage in egregious practices such as:

•     Proceeding to trial without any witnesses or admissible evidence, hoping that consumers will not show up or asking the court to reschedule if they do.3

•     Routinely filing court documents without confirming the accuracy of that information,4 often resulting in default judgments based on inaccurate information.

•     Filing lawsuits in courts hundreds of miles away from the consumers’ homes,5 making it nearly impossible for most consumers to appear in court to defend themselves.6

*     Filing lawsuits on ancient zombie debt after legal time limit to sue has expired7 and when consumers are less likely to have critical records to prove their payments.

•     Seeking fees or costs that are not legally allowable,8 adding to the amount of judgments against consumers who cannot afford attorneys.

•     Misusing state garnishment proceedings,9 such as by knowingly seizing Social Security or other income or property that is exempt from collection."

State Consumer Protection Laws May Not Cover Attorneys.

Maintaining coverage of attorneys under the FDCPA is important because many states do not have laws that are equivalent to the FDCPA. In these states, exempting attorneys from coverage under the FDCPA would mean that no federal or state laws would protect consumers from abusive litigation practices by consumer attorneys.10"

States Do Not Have the Capacity to Protect Consumers.

Even in states that have the legal authority, resources are insufficient to monitor the tens of thousands of debt collection lawsuits that are filed yearly in each state11 or to bring sufficient enforcement or disciplinary actions in response to abusive litigation activity.

Court and Ethical Rules Are No Substitute for the FDCPA.


To date, neither the courts nor bar associations have been effective in policing litigation abuses by collection attorneys.12

There is no reason to believe that these agencies will suddenly step up now if FDCPA sanctions against collection attorneys for litigation abuses are eliminated.

Collection Attorneys Would File More Lawsuits.


H.R. 5082 would exempt lawyers from the FDCPA for conduct in litigation that would be a violation outside of court. For example, misstating the amount owed in a lawsuit would be exempt from FDCPA liability but misstating the amount owed in a pre-litigation letter or phone call would be a violation. As a result, attorneys would be encouraged to file suit first rather than attempting to reach a resolution with consumers outside of court. This would drive a huge increase in collection lawsuits filed in state courts, further clogging the already overburdened trial courts.

H.R. 5082 Would Prohibit CFPB Supervision and Enforcement.

The CFPB has special insights into abusive collection practices through extensive national data from consumer complaints and information gleaned from industry supervision. H.R. 5082 would tie the CFPB's hands and prevent it from acting on abusive practices by attorneys or law firms when they are engaging in debt collection litigation. Previous CFPB enforcement actions against collection law firms have focused on law firms operating large debt collection “mills” churning through a high volume of lawsuits with minimal attorney oversite.13

H.R. 5082 would protect attorneys who engage in abusive litigation collection practices that hurt American consumers. We urge members of Congress to oppose this bill.

For more information, contact attorneys April Kuehnhoff (akuehnhoff@nclc.org or" "617.542.8010) or Margot Saunders (msaunders@nclc.org or 202.595.7844).

hb4550_exempts_attorneys_from_fdcpa.pdf
File Size: 86 kb
File Type: pdf
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Time to Give Thanks and Reflect on Helping Others Share in Abundance

11/18/2018

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Salem Harvest's November Newsletter worth sharing entirely

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Notes from the Field
November 2018
November Happenings

Wasted! The Story of Food Waste

On November 20th, Salem Progressive Films is showcasing the documentary Wasted! The Story of Food Waste at the Grand Theater at 7:00pm. This in-depth film covers all the bases on where food is being wasted throughout the global food system and offers innovative solutions as well.

Salem Harvest will be there in the lobby before the film sharing information about our program and how we reduce wasted food. After the show, I will be addressing the attendees, sharing my experiences as Executive Director and that of our growers and harvest leaders surrounding food waste at the farm level. Please join us!

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Jam Party!

What do you do with plums so sour and astringent that they are nearly impossible to eat? Cook them down with sugar, turning them into jam, of course!

On November 10th and 15th, Salem Harvest volunteers will be gathering to turn 120 pounds of otherwise inedible plums into the tastiest plum jam ever created. Lots of fun, team building, teaching and learning the art of jam making, and keeping food from being wasted.



Hunger and Homelessness Awareness Week

November 10th through the 18th is Hunger and Homelessness Awareness Week, where people come together across the nation to draw attention to the problems of hunger and homelessness. Hunger on college campuses is a rising issue faced by many students. Salem Harvest will be joining Willamette University students and Marion-Polk Food Share in discussing these issues at a forum on the 15th.

As the holidays approach and you ponder the thought of giving, please consider donating to Salem Harvest.
We rely upon the generosity of our community to be involved in events like these, fulfilling our mission of feeding hungry families by harvesting food that would go to waste.

Donate
Salem Harvest a 501(c)3 Nonprofit Organization
E-mail | 503.400.6618 x5 | Website
‌ ‌ ‌
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"Empty Bowls" Food-Share Fundraiser is THIS Weekend - don't miss it!

11/12/2018

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Each year, John Gear Law Office helps sponsor an important event for Salem, the "Empty Bowls" fundraiser put on by Willamette Art Center to raise funds for Marion-Polk Food Share. These two nonprofits team up to give you the opportunity to buy gorgeous things, lovingly made and finished by all-volunteer potters, with all the proceeds going to support the food bank that fights hunger in the Salem area all year round.

Make out your gift lists for the holidays and maybe for all 2019 as well -- friends, family, parents, kids, teachers, coworkers, you name it -- there are so many beautiful, one-of-a-kind things that there is sure to be a perfect gift for everyone you know at Empty Bowls, and you can help boost the total raised to fight hunger in Salem to over $200,000.

Willamette Art Center is on the State Fairgrounds, use the Silverton Road (Yellow) Gate. The event is Saturday and Sunday, November 17 and 18.


The Willamette Art Center hosts the annual Empty Bowls Benefit sale benefiting Marion-Polk Food Share.Saturday, November 17th, 2018 from 9AM to 5PM
Sunday, November 18th, 2018 from 12PM to 4PM


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Veterans Day Movie Benefit for Vets Needing Service Dogs

11/6/2018

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Pick of the Litter benefit screening & meet the JLAD pups
Sunday, November 11th at 3:15PM ~ at Salem Cinema (1127 Broadway NE)
Help us raise money to purchase a service dog for a veteran in need!

Tickets available now at our box office during regular business hours or online at boxofficetickets.com!

All seats $12 with $4 from every ticket going directly to help purchase a dog for a veteran!
no coupons, passes or CineBucks accepted for special events

United States. 2018. Directed by Don Hardy Jr., Dana Nachman. (81 mins.) Not Rated.
Meet Patriot, Potomac, Primrose, Poppet, and Phil—five spirited puppies who, from the moment they’re born, begin an incredible journey to become guide dogs for the blind. It’s a rigorous two-year process that will take the pups from the care of selfless foster volunteers to specialized trainers to, if they make the cut, a lifelong human companion. At every step of the way, the puppies will be tested, challenged, and evaluated. Only the best of the best will be chosen for the job of guide dog—who has what it takes? Introducing viewers to an unforgettable cast of canine personalities and the dedicated individuals who work with them, Pick of the Litter is an uplifting, bighearted celebration of the unique bond between humans and dogs.

The Joys of Living Assistance Dogs (JLAD) is a 501(c)3 non-profit organization dedicated to providing skilled, devoted companions to support and assist persons living with disabilities -- creating cohesive teams focused on building lives of greater freedom and independence.  Assistance dogs provide the perfect combination of companionship, obedience, usefulness and affection. Persons with disabilities rely on these special animals to perform a multitude of tasks and provide practical aid. When an ideal match is made, the mobility and freedom the dogs' efforts afford, help provide a new and profound sense of independence to the owner, creating a pathway toward a safer and more empowering way of living.
Founder and director Joy St. Peter launched JLAD in 2004.


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US should follow Australia's lead on re-sales of recalled cars

11/5/2018

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"Don't buy a used car until you've read this"
Daily Mail, Australia
Sept. 6, 2018
"Dealers who still sell cars with killer Takata airbags can still face fines up to $220,000 or penalties of $1.1 million."
https://www.dailymail.co.uk/news/article-6137609/Vehicles-killer-airbags-offloaded-unsuspecting-motorists.html


"Why cars with deadly airbags are still being sold"
Yahoo News

Sept. 8, 2018
 
"Not only can dealers face hefty fines over such practice, if someone is injured as a result of a faulty vehicle sold, the dealer would be liable for the accident and could face prosecution."
https://au.news.yahoo.com/cars-deadly-airbags-still-sold-062047068.html

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LAWYERLY FINE PRINT:

John Gear Law Office LLC and Salem Consumer Law.  John Gear Law Office is in Suite 208B of the Security Building in downtown Salem at 161 High St. SE, across from the Elsinore Theater, a half-block south of Marion County Courthouse, just south of State Street. There is abundant, free 3-hour on-street parking throughout downtown Salem, and three multi-story parking ramps that offer free customer parking in downtown Salem too.

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