A blog covering legal topics and whatever I feel like posting. Some posts on this page could be considered to be attorney advertisements.
About The Consumer Law Office of Steve Hofer
Steve Hofer has been practicing consumer law in Indiana for more than 20 years. He is a former Indiana State Chairperson of the National Association of Consumer Advocates, a national organization of attorneys striving for fairness in the consumer marketplace. Contact me by phone at 317-662-4529 or via email at hoferlawindyATgmail.com. You can also leave a message through my website at www.hoferlawindy.com.
Thursday, October 27, 2016
Have You been Getting Calls from United Recovery Systems
Have you been receiving calls from United Recovery Systems? Have they been calling your friends and relatives? If so, please contact my office at 317-662-4529 or hoferlawindyATgmail.com (Naturally substitute the "@" for "AT".)
Thursday, October 20, 2016
How to Address Problems with a Debt Relief Companies
There are a lot of companies using the web to get business that are in the debt relief, they promise that they can settle consumers' debt for 50% on the dollar or less. THIS INCLUDES LAWYERS OR LAWFIRMS. The first thing consumers should know is that no company can promise in advance that they can settle a consumer's debt for less than the amount owed. Any company that attempts to do this is likely creating additional risks for the consumer. Here is a list of some companies in the debt relief business. If you are doing business with one of these companies or others, and you are in Indiana, please contact my office. If you are in other states, you can find an experienced consumer attorney through the National Association of Consumer Advocates' "Find an attorney" page linked here.
Here is a list of some companies advertising debt relief services. These are not companies that I necessarily have had any contact with.
Freedom Debt Relief
National Debt Reilef
BLG: Borrowers Law Group
CuradDebt
American Debt Enders
Countywide Debt Relief
Consolidated Credit
Debt Be Gone
Credit master Debt Relief
Fast Track Debt Relief
Creditsolutions.com
Complete Credit Solutions, Inc
Residential Credit Solutions
Genesisbankruptcyattorney
Credit Masters Debt Relief
If this is your company and it shouldn't be on the list, email me at hoferlawindy dot com, and if you are involved with an other company that SHOULD Be on the list, call me.
Here is a list of some companies advertising debt relief services. These are not companies that I necessarily have had any contact with.
Freedom Debt Relief
National Debt Reilef
BLG: Borrowers Law Group
CuradDebt
American Debt Enders
Countywide Debt Relief
Consolidated Credit
Debt Be Gone
Credit master Debt Relief
Fast Track Debt Relief
Creditsolutions.com
Complete Credit Solutions, Inc
Residential Credit Solutions
Genesisbankruptcyattorney
Credit Masters Debt Relief
If this is your company and it shouldn't be on the list, email me at hoferlawindy dot com, and if you are involved with an other company that SHOULD Be on the list, call me.
Tuesday, October 18, 2016
If Celadon Driving Academy is so great, how come they sue so many of their students?
The Small Claims Court is likely going to be a very busy place on Tuesday, October 25, when the court processes 37 cases that were filed in just one day, 9/20/2016, by Celadon Driving Academy, LLC against former students. Most of these students were presumably hoping that getting their CDL and a job driving a truck would lift them out of their economic despair and be the answers to their problems. Instead, I predict most of them will be facing a default judgment exceeding $7,200 that will stay on their credit report for at least 10 years unless they somehow find the money to pay it.
Celadon is one of a number of trucking companies that try to recruit new drivers by offering to pay for their training. What people don't realize is that if for any reason, including reasons that aren't your fault, you can't not only complete the training but also complete the specified time on the job with the the trucking company, the company reserves the right to sue you for what they claim is the value of the education. Since virtually nobody pays cash for the training, the cost ends up being whatever the company says it is. Celadon may not be, and probably isn't, the worst of the bunch. It's just the one that's on my desk right now.
There is virtually no regulation of these contracts. Because the contracts don't specify installments and may not have a finance charge on their face, they are not regulated under the Truth In Lending Act or under state Consumer Credit Codes. Because the schools typically don't offer diplomas or certificates, the schools may not have to be licensed and face little or no state regulation. T.he students may be trucked to the school location in a distant state before they even see or sign the contract. A big reason for this is if the school has the student sign the contract at the school, the school can sue the student in the school's legal jurisdiction without violating the Fair Debt Collection Practices Act.
In 2013, Celadon touted that 35 new drivers a week came to its school in Indianapolis, and that the training school was a great tool to overcome high turnover in the industry that averaged 98% per year. (Source: This Indianapolis Business Journal article.) That means that the workforce almost completely turned over every year. That also suggests that a large number of people who take the course won't complete the 120,000 miles of driving required to discharge their contractual obligation. (That's 2,000 hours of driving at 60 miles per hour, or 40 hours per week for 50 weeks a year, not counting any dead time or time waiting for loads.) Nobody ever talks about the people who are left behind and what happens to them.
What happened to these people that didn't complete the course and are being sued? Well, that's what I'm trying to find out. I am investigating claims relating to five issues with Celadon:
(1) Did Celedon Driving Academy lead students to believe that the training would be a lot shorter than it actually is?
(2) Is a large part of the difference due toa shortage of instructors, mentor drivers, or equipment that Celadon was supposed to provide?
(3) Did Celadon timely pay students for their orientation time?
(4) Did Celadon sue students for a contractual interest rate that wasn't on the contract?
(5) Did Celadon sue students for attorneys fees under circumstances where the contract didn't allow it?
If you have been sued by Celadon Driving Academy, LLC (which you may know under its previous name, Quality Drivers, LLC.), please contact my office.
If you have been sued by any other truck driving school, CDL school or any other trade school in Indiana, please call my office. You might have defenses that you aren't aware of.
If you have been sued by a trade school in any other state, find an experienced consumer attorney in the state where you have been sued through the National Association of Consumer Advocate's Find an Attorney page, linked here.
Celadon is one of a number of trucking companies that try to recruit new drivers by offering to pay for their training. What people don't realize is that if for any reason, including reasons that aren't your fault, you can't not only complete the training but also complete the specified time on the job with the the trucking company, the company reserves the right to sue you for what they claim is the value of the education. Since virtually nobody pays cash for the training, the cost ends up being whatever the company says it is. Celadon may not be, and probably isn't, the worst of the bunch. It's just the one that's on my desk right now.
There is virtually no regulation of these contracts. Because the contracts don't specify installments and may not have a finance charge on their face, they are not regulated under the Truth In Lending Act or under state Consumer Credit Codes. Because the schools typically don't offer diplomas or certificates, the schools may not have to be licensed and face little or no state regulation. T.he students may be trucked to the school location in a distant state before they even see or sign the contract. A big reason for this is if the school has the student sign the contract at the school, the school can sue the student in the school's legal jurisdiction without violating the Fair Debt Collection Practices Act.
In 2013, Celadon touted that 35 new drivers a week came to its school in Indianapolis, and that the training school was a great tool to overcome high turnover in the industry that averaged 98% per year. (Source: This Indianapolis Business Journal article.) That means that the workforce almost completely turned over every year. That also suggests that a large number of people who take the course won't complete the 120,000 miles of driving required to discharge their contractual obligation. (That's 2,000 hours of driving at 60 miles per hour, or 40 hours per week for 50 weeks a year, not counting any dead time or time waiting for loads.) Nobody ever talks about the people who are left behind and what happens to them.
What happened to these people that didn't complete the course and are being sued? Well, that's what I'm trying to find out. I am investigating claims relating to five issues with Celadon:
(1) Did Celedon Driving Academy lead students to believe that the training would be a lot shorter than it actually is?
(2) Is a large part of the difference due toa shortage of instructors, mentor drivers, or equipment that Celadon was supposed to provide?
(3) Did Celadon timely pay students for their orientation time?
(4) Did Celadon sue students for a contractual interest rate that wasn't on the contract?
(5) Did Celadon sue students for attorneys fees under circumstances where the contract didn't allow it?
If you have been sued by Celadon Driving Academy, LLC (which you may know under its previous name, Quality Drivers, LLC.), please contact my office.
If you have been sued by any other truck driving school, CDL school or any other trade school in Indiana, please call my office. You might have defenses that you aren't aware of.
If you have been sued by a trade school in any other state, find an experienced consumer attorney in the state where you have been sued through the National Association of Consumer Advocate's Find an Attorney page, linked here.
Here's a youtube video by a Celadon student. I don't know if the information here is accurate or not. I urge you to do as much investigation as possible prior to enrolling in any trade school.
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