Victory on Credit Repair Organizations Act Venue Dispute

We just received word from the United States District Court for the Southern District of Indianapolis that we defeated a motion to dismiss filed by Texas Credit Repair Organization, White Jacobs & Associates, Inc.

A little background: most credit repair companies attract clients from all over the United States. They have contracts which they try to bring any case that is filed against them into their home states.  It is usually very hard, if not practically impossible for a consumer in a different state to sue the credit repair company in its home state.  It would be better if the federal Credit Repair Organization Act had a specific provision establishing venue in the state of the consumer, but the statute has no such provision.  If you are looking at this post because you are facing a venue argument by a Credit Repair Organization or Credit Services Organization, you should read the recent decision linked here.

Lenovo Driver Power State Failure

Do you have a recent Lenovo laptop computer and frequently get a crash screen referring to a driver power state failure? The error message is DRIVER_POWER_STATE_FAILURE. I personally have had this problem since I purchased my Lenovo Y410P last year.  Apparently Y510P owners are reporting the the problem also, and perhaps the error affects other models as well.  A lot of owners have reported this error on online forums, but Lenovo has not been forthright about fixing the problem.  I updated all the drivers I could, and thought I had the problem licked, but it came back. I am considering a class action against Lenovo.  If you are having this problem, please fill out the intake form on the www.hoferlawindy.com website. Even if we don't end up with a class action, if we have a bunch of owners banded together, I think we will get their attention.

World Law Group - More Harm than Good?

I'm just starting my investigation into a complaint against World Law Group.  This company has a one star rating with the BBB, and a quick google search shows 803 hits on "World Law Group" at ripoffreport.com only.  To add to the confusion, there appears to be more than one unrelated company doing business under the name World Law Group.  The one that I'm talking about appears to be a d/b/a of Swift Rock Financial Inc. They don't seem to be making the same pitch to everyone they encounter.   The State of North Carolina found enough not to like abou this company to file a  72 page Complaint against the company.  The complaint is available online, here.  If you are in Indiana and have some experience with this company, even if you don't have a live legal claim, feel free to contact me through my webpage at www.hoferlawindy.com.

More on Voyager Financial Group (VFG) and Assignment of Military Pensions

Since I initially posted about Voyager Financial Group. I've received multiple calls from people who assigned military pensions.  It is illegal for enlisted military members to assign pensions under 37 U.S.C. 701.  (Commissioned officers may assign pensions up to certain limits.) 38 U.S.C. 5301 contains limits on assignability of V.A. pensions.

It appears that there are class action law firms that are after the pension factoring companies making allegations that when the factoring firm sells (or places) the pension assignment with an investor, that is an unlicensed/unregistered security.  That's great but it doesn't help the individual retiree who's income has been cut drastically by the pension assignment and doesn't have enough money left to pay his/her bills.  I've been evaluating these cases based upon the legality of the underlying agreement as a matter of state law, and I make an individual determination about whether the pensioner can stop the assignment as a matter of right.  After the assignment has been stopped, I use the Fair Debt Collection Practices Act as a shield and a sword against collectors.   If you are outside of Indiana, contact me anyway through my website www.hoferlawindy.com, and I will try to link you up with a NACA consumer attorney.

CFPB Cracks Down on Bad Check Restitution Scam

Consumer attorneys call it the "rent a D.A." scam. It's gone on for years, and likely victimized millions of poor people. The Consumer Financial Protection Bureau finally put its foot down on National Corrective Law Group. That company (plus a few smaller ones) orchestrated deals with local district attorneys (we call them county prosecutors in Indiana) to use the DA's name, signature and letterhead in dunning letters to consumers, threatening them with prosecution over a dishonored check unless they paid the check plus a restitution fee that was sometimes as high as $250.00.

This is just the first step in what needs to be done in these programs. Now we have to hold our public officials accountable for the money that was sent their way in exchange for their signature, letterhead and complicity in the scam.

If you are in Indiana, or received a bad check restitution program letter on the letterhead of an Indiana prosecutor, please contact me.  317-662-4529

http://www.philly.com/philly/business/homepage/20150405_Lawsuits_were_stymied__but_CFPB_finally_puts_halt_to_rent-a-D_A__scheme.html

Are You being sued on a HSBC Credit Card by Capital One or a Collection Agency?

We are looking at lawsuits concerning HSBC credit cards that are being collected on by Capital One or several collection agencies.  If you have one of these from 2014 on, even if it went to a default judgment, please call us at 317-662-4529.

HSBC Credit Cards Sold to Capital One Bank

I am working on a collection defense case involving an HSBC credit card that may have been assigned ot Capital One Bank.  If you are facing collection on one of these cards please contact me.  Thank you.

Copart, Inc. of Fairfield California and Rebuilt Wrecks

I am investigating the role of Copart, Inc., a company that showed up in the NMVTIS report of two rebuilt vehicles that I am working on.  If you have any information relating to this company, please send me a message.

DMVdesk.com - the $2.00 search that can save you Thousands of $

The National Motor Vehicle Traffic Information System (NMVTIS) is a federally coordinated database that acts as a clearinghouse for state motor vehicle titling information, including reports of total losses, flood damaged vehicles, etc.  NMVTIS doesn't sell its reports directly to the public though, it authorizes multiple third party venders to handle inquiries and print reports.  The NMVTIS website link is here.  Some of these third parties charge up to $35.00 per vehicle checked.  Fortunately, a colleague tipped me off that one vender is significantly cheaper than the rest.  Dmvdesk.com will run a search on a vehicle identification number for $2.00 per vehicle.  If you are buying a used car, spend the $2.00, it's worth it.  Here's a link to the dmvdesk.com site.