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Fair Debt Collection: 15.1.5 Identity Theft

Victims of identity theft, an increasingly common crime, are often vigorously dunned for debts they do not owe, despite their efforts to clear their records.78 Their credit is often ruined by false reports to credit reporting agencies, and they may even be subject to criminal prosecution. These consumers may have several tort causes of action available to them.

Fair Debt Collection: 15.2.4 What Constitutes Actionable Conduct

In nearly all jurisdictions, outrageousness and emotional distress are required elements of a claim of intentional infliction of emotional distress,110 although some courts describe the standard for proscribed conduct as “unreasonable.”111 Some courts hold that as the outrageousness of the conduct increases, the need for additional evidence of severe distress decreases; if the conduct is highly outrageous, this may suffice to prove severe distress.112

Fair Debt Collection: 15.2.5 Negligent Infliction of Emotional Distress

Many states recognize negligent infliction of emotional distress as an independent cause of action,146 although some decline to recognize this tort.147 In the alternative, some states allow such a claim to be pursued as a type of negligence, with the usual elements of duty, foreseeability, and causation.148 Some courts allow recovery for negligent infliction of emotional distress only if the plaintiff suffered a physical impact

Credit Discrimination: Introduction

The pleadings reprinted in this appendix can also be found online in Microsoft Word format as companion material to this treatise. The companion material online also contains a number of additional pleadings that are not reprinted here. All pleadings in the text and online are for demonstration purposes only and must be adapted by a competent professional to fit the circumstances of a given case and the requirements of local rules and practice.

Credit Discrimination: G.13 Third Amended Complaint Alleging Violations of the Fair Housing Act, the Equal Credit Opportunity Act and the Georgia Fair Housing Act in a Contract for Deed Transaction

IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF GEORGIA

[Consumers 1–22],

Plaintiffs,

v.

Harbour Portfolio VI, LP; Harbour Portfolio VII, LP;

National Asset Advisors, LLC; CWAM II, LLC;

Investment Trading & Development; The Brady Impact Trust, C/O;

Wilmington Savings Fund Society FSB; JCT Capital, LLC;

Hamilton Green Crest Fund I, LP; Bawld Guy;

Note Investment Group I, LLC; Rocktop Partners I, LP;

Credit Discrimination: G.14 Sample Complaint Alleging Predatory Home Purchase Contract Scheme as ECOA, FHA, TILA and RESPA Violations

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

[Consumers 1–3], on behalf of themselves and all

others similarly situated,

Plaintiffs,

v.

Vision Property Management, LLC; VPM Holdings, LLC;

FTE Networks, Inc.; US Home Rentals, LLC;

Kaja Holdings LLC; Kaja Holdings 2, LLC;

MI Seven, LLC; IN Seven, LLC; RVFM 4 Series, LLC;

ACM Vision V, LLC; DSV SPV 1, LLC; DSV SPV 2, LLC;

DSV SPV 3, LLC; Boom Sc; Alan Investments III, LLC

Credit Discrimination: Introduction

These are sample forms and must be adapted to fit the facts of a particular case and local procedural rules. Note that the Federal Rules of Civil Procedure limit the number of interrogatories to twenty-five, including subparts. This limitation may be avoided only by leave of the court with written stipulation of the parties. The reader should be aware of this limit in cases of federal litigation and in litigation in state courts that similarly limit discovery.

Collection Actions: 8.2.1 Introduction

This section discusses the scope, limitations, and validity of criminal dishonored check laws as well as defenses to prosecution under those laws. This summary should aid the civil practitioner in counseling clients who have written or endorsed checks not covered by sufficient funds. Familiarity with the limitations of criminal dishonored check laws should ease the fear of prosecution in many instances and may provide a basis for a civil claim against the collector who threatens prosecution.

Collection Actions: 2.3.2 Preparing for the First Client Interview

An essential part of any representation is meeting the client in person. There can be real problems representing a client the attorney has never met. When talking to a prospective client on the phone, before almost anything else is discussed, request that the consumer not write on any documents relating to the case. Too often consumers will have the original documents in front of them when calling the attorney and will take notes of their conversation on these originals.

Collection Actions: 2.7 Scams to Avoid

Attorneys should advise consumers as to certain scams to avoid. The marketplace is rife with companies preying on those in debt, and consumers compound their difficulties by signing up for one of these pitches.

Consumer Banking and Payments Law: 8.1.2 The Definition of “Electronic Benefit Transfer”

The term “electronic benefit transfer” (EBT) is confusing because it can have several different meanings, some legal, some technological, and some inconsistent with one another. This chapter generally uses the term EBT to refer to the intersection of the legal and technological definitions: EBT cards used to distribute needs-tested benefits, whether federal, state, or local. However, the precise meaning may vary and be important, depending on the laws at issue.

Consumer Banking and Payments Law: 8.1.3 Congress’s EBT Mandates

The 1996 Welfare Reform Act provided that, by October 1, 2002, recipients must receive food stamp benefits by means of EBT,8 unless a waiver was granted for delayed implementation.9 States were encouraged to implement EBT to deliver other types of benefits,10 including programs that are fully funded and administered by the states, such as Temporary Assistance to Needy Families (TANF), state child care subsidies, general assistance (GA), the Special Supplemen

Consumer Banking and Payments Law: 8.2.2.1 Standards Imposed by State on Private Vendor

States solicit bids from companies to manage a state’s EBT program.33 Several states have formed alliances34 to work together to solicit bids and select an EBT contractor, but each state signs its own contract with the selected contractor(s), and specific contract terms may vary slightly from state to state. By joining these coalitions, states gain greater bargaining power and are generally able to solicit lower contract bids.

Consumer Banking and Payments Law: 8.2.2.2 Advocacy Before State Agencies Concerning Terms of Vendor Contract

As states procure and renegotiate EBT contracts, local advocates are in a position to provide the state with valuable information regarding proposed EBT practices and to suggest improvements to a new or existing EBT design plan.

The Department of Agriculture provides an online schedule that advocates can check to determine when their state’s contract is coming up for re-bid.38 States that draw upon the resources of local advocates when negotiating these contracts will ensure the greatest degree of recipient rights and protections.