We often see people who are being sued in district court for debts by creditors or debt buyers. Many times, these people not only have defenses, but they have affirmative claims – meaning that the creditor or debt buyer has done something illegal or unfair and deceptive, and they have a claim against the creditor. Before the Cain decision, these companies got away with suing consumers in court, and keeping its wrongdoing hidden from the legal system by seeking arbitration when the consumer sued the company. We are hopeful that this decision will prevent companies from using arbitration, the corporate get-out-of-jail-free card, in the future when a consumer is sued first.
In an age where almost everything is done via the internet, such as banking, research, texting, e-mail, and more and more personal information is being stored electronically, such as medical and school records, protecting your consumers’ information is vital.
A Consumer Financial Protection Bureau report found that more than half of consumers who reported being contacted about a debt also reported that the debt was not theirs, was owed by a family member, or was for the wrong amount. Unfortunately, the survey also found that debt collectors continue to use threatening tactics and most people who are sued for a debt do not show up in court.
Three questions that an attorney may ask if you are injured after a fall in a commercial establishment.