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Basic Consumer Law Training. October 1, 2008 Catherine A. Schneider Supervising Attorney CARPLS cschneider@carpls.org. Fair Debt Collection Practices Act FDCPA 15 U.S.C sects 1692-1692p. Who is Covered What is Covered What is Prohibited Debt Collectors “Musts”

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basic consumer law training
Basic Consumer LawTraining

October 1, 2008

Catherine A. Schneider

Supervising Attorney

CARPLS

cschneider@carpls.org

fair debt collection practices act fdcpa 15 u s c sects 1692 1692p
Fair Debt Collection Practices ActFDCPA 15 U.S.C sects 1692-1692p.
  • Who is Covered
  • What is Covered
  • What is Prohibited
  • Debt Collectors “Musts”
  • Civil Liability for Non-Compliance
what kind of debt is the consumer facing
Credit Cards

Autos

Payday Loans

Student Loans

Medical Bills

Home Repairs

What kind of debt is the consumer facing:
credit cards
Credit Cards
  • Breach of written contract claim;
  • Muni cases, Law cases, Small claims (IL SCR 281) in Cook County – when answer or other pleading required;
  • Summons – P.S., Sub- Service, Small claim certified mail service IL SCR 284;
  • Return date v. Trial date;
  • Default – Vacating a technical default; Vacating a default: 735 ILCS 5/2-1301 / 735 ILCS 5/2-1401
credit cards5
Defenses

Statute of Limitations – 10 years, but see Parkis v. Arrow Financial Services, LLS, 2008 WL 94798 (N.D. Ill)

Debt has been paid

Not Consumer’s Debt

No contract 735 ILCS 5/2-606

No assignment 735 ILCS 5/2-403

Counterclaims

Violations of FDCPA

Credit Cards
credit cards6
Credit Cards
  • Settlement – lump sum / installment payments
  • Trial – 30 days – motion to reconsider: new evidence, new law or error in application of existing law (735 ILCS 5/2-1203)
  • Appeal – 30 days
credit cards7
Credit Cards
  • Two other notes
  • Consumer Credit Protection Act – Credit Billing (15 USC 1666) – when a consumer buys goods or services using a credit card, she can assert against the credit card issuer and defenses and non-tort claims eh or she has against the merchant under certain circumstances;
  • Under the Fair Credit Billing Act, consumers are only liable for $50.00 in unauthorized charges on their credit card account.
autos
Buyer’s Remorse

Financing Problems

Material Misrepresentations

Service Contracts

Mechanical Problems / Warranties

Leased Vehicles

Co-Signors / Guarantors

Can’t Afford Payments

Re-Possessions

Autos
autos9
Autos

Buyer’s Remorse

  • Contract Controls
  • No “3 day return period”
  • Options
  • Obligations
autos10
Autos

Financing Problems

  • Financing falls through – 815 ILCS 505/2C (IL Consumer Fraud and Deceptive Practice Act) – get “stuff” back
  • Signing a new financing contract – possible fraud
  • If credit is rejected
  • If dealer refuses to give “stuff” back – attorney’s fees
autos11
Autos

Material Misrepresentations

  • False advertising
  • Sales person’s representations
  • 815 ILCS 505/1 - damages
autos12
Autos

Service Contracts

  • What are they
  • Scams
autos mechanical problems warranties
AutosMechanical Problems / Warranties

New Cars

  • Contract governs
  • Follow use guidelines
  • Required formal dispute resolution
  • Demand letter
  • Contact Consumer Protection agencies
  • Suit – Magnuson Moss Warranty Act
  • Lemon Laws
autos mechanical problems warranties14
AutosMechanical Problems / Warranties

Used Cars

  • Power Train Components – Consumer Fraud Act
  • FTC Used Car Rule
  • Warranties and “as is” sales
  • If there is a written warranty – same as New Cars
  • No Lemon Law
autos leased vehicles
Consumer Leasing Act, 15 U.S.C. Sec. 1640 et seq

Default and possible repossession

Early Termination

Sales Tax

Mileage Limits

Interest, down payments and insurance

Wrecked or Stolen Car

Expiring Lease

AutosLeased Vehicles
auto co signors guarantors
AutoCo-signors / Guarantors
  • Factors releasing Co-Signors from responsibility
  • Co-signor on title
  • Guarantor's Obligation
autos17
Autos

Can’t afford payments

  • Is the debt secured? Likely
  • Negotiate a work-out plan
  • Sell the Car
  • Return the Car
  • Bankruptcy
autos repossession deficiency suit
Is there a valid security interest

Is there really a default – dealer’s practice of accepting payments

Breach of Peace 810 ILCS 5/9-503

Is 30% of the purchase price paid

Reselling the Car – 2 notices

Commercially Reasonable Sale

Statute of Limitattions – 4 years

AutosRepossession / Deficiency Suit
payday loans
Payday Loans

Payday Loan Reform Act (PRLA), 815 ILCS 122/1 et seq

student loans
Student Loans
  • When does repayment start
  • 5 repayment plans
  • Default
  • Bankruptcy?
medical bills
Medical Bills
  • Implied agreement
  • Reasonable value
  • Over charges
  • Insurance
home repairs
Home Repairs

Mechanics Lien

  • What Is It
  • Requirements
  • Perfection
  • Then What
credit reporting credit access
Credit Reporting / Credit Access
  • Credit Scores
  • Credit Reports
  • Improving Credit Scores
  • Identity Theft
is the consumer dealing with multiple debts perhaps bankruptcy is going to be the answer

Is the consumer dealing with multiple debts? Perhaps Bankruptcy is going to be the answer.

Chapter 7

Chapter 13

is the consumer collection judgment proof exempt assets
Necessary Clothing

Soc. Security

Unemployment

Public Assistance

Veteran’s Benefits

Private pensions

Alimony

Child Support

Take home pay up to $348.75 per week

$15,000.00 of home equity

A car worth $2400 or less

Tools of trade worth $1500 or less

Up to $4000 of any “other property

Is the consumer collection/judgment proofEXEMPT ASSETS