• Assisting the Consumer Debtor: Becoming Aware Of Potential Affirmative Claims
  Aggressive debt collectors have long relied on the leverage they gain over consumers by freezing bank accounts and garnishing wages. This online article outlines the new consumer protections New Yorkers have against bank attachments (i.e. “bank freezes”) under the Exempt Income Protection Act of 2009.
• Assisting the Consumer Debtor, Part II: Defenses to Consumer Credit Claims
  This article examines numerous defenses to collection lawsuits, focusing on defenses that may be available in credit card cases. Defenses discussed include: Sewer Service (lack of personal jurisdiction); the creditor’s inability to prove that it owns the debt; statute of limitations issues (including use of New York’s “borrowing statute”, evidentiary defenses, and more.
• Assisting the Consumer Debtor, Part III: Improper Service

Other Consumer Law Articles from Schlanger & Schlanger, LLP

• Knowing Your Rights Can Put A Stop to Unfair Debt Collection Practices
  This online article is an introduction to knowing your rights regarding debt collection abuse, focusing on consumers’ rights under the Fair Debt Collection Practices Act. The article also outlines steps you can take to stop debt collection harassment and other unfair collection practices.
• New Consumer Law Protections Against Unfair Bank Attachments
  Aggressive debt collectors have long relied on the leverage they gain over consumers by freezing bank accounts and garnishing wages. This online article outlines the new consumer protections New Yorkers have against bank attachments (i.e. “bank freezes”) under the Exempt Income Protection Act of 2009.
• Predatory Auto Financing: Common Scams
  One of the most common types of auto fraud is auto loan fraud. This online article outlines numerous auto dealer abuses related to financing, including (1) deceptive pricing and advertising, (2) inflated interest rates, (3) unnecessary “credit insurance”, “GAP insurance” and “service contracts”, and (4) Yo-Yo Sales (reneging on the deal based on “financing problems” after you have already driven the car off the lot)
• Online “Business Opportunities”: Prudence Pays
  The internet abounds with “get rich quick schemes”. This article reviews a number of such traps, including “self employment” opportunities, pyramid schemes and “free website” rip offs. Get educated and don’t be a victim!
• Foreclosure Defense: Court Rejects Attempts To Use Backdated Assignments.
  This online article reviews a recent opinion by New York’s Appellate Division dismissing a foreclosure lawsuit based on lack of “standing”, i.e. based on the bank’s inability to prove that it owned the debt at the time it filed the lawsuit. The decision rejects what has been a common bank strategy of attempting to correct deficient paperwork regarding purchase of a debt from a previous lender by creating “assignments” during foreclosure litigation that purport to go into effect retroactively, i.e. to take effect years earlier, before the litigation was filed.
• Debt Collection Defense: New York Attorney General Files Suit Against 35 New York Debt Collection Law Firms For “Sewer Service” In Consumer Cases – Seeks Dismissal of Over 100,000 Judgments.
  This online article reviews the New York Attorney General’s lawsuit against New York’s largest collection law firms for failure to properly notify consumers of lawsuits filed against them and the Attorney General’s request that over 100,000 default judgments against New York consumer’s be dismissed.