General Civil Litigation

A recent article by the AP notes that over half the Federal Judges in the southern states of Alabama, Florida, Mississippi, Louisiana, and Texas have links to the oil and gas related industries. The article “Many Federal Judges Have Oil Links” raises serious questions about whether a Judge who has an interest in the oil and gas industry should preside over these Oil Spill Claims. Currently there is a fight amongst BP’s attorneys and various Plaintiff’s attorneys as to which Judge(s) should preside over these cases. The ethics rules on this subject are at best fuzzy. Essentially these rules state that a Judge who has a direct financial interest -owns BP stock-would be disqualified from hearing such a case; however, if they own a mutual fund which has oil stocks as a part of its makeup they do not have to disqualify themselves. The handling of the over 200 filed lawsuits over this disaster may become a little clearer once the U.S. Judicial Panel on Multidistrict Litigation meets next month to hear arguments on consolidation of the oil spill cases.

The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects consumers from harassment and abuse from debt collection agencies. The FDCPA requires debt collectors to validate debts and provides consumers with statutory damages and attorneys’ fees for violations. Examples of violations of the FDCPA include:

1. Calling the consumer at work after the debt-collector has been told that it’s inconvenient or that the consumer’s employer prohibits personal calls.
2. Telling others such as family members, co-workers, and neighbors that the consumer owes money.
3. Continuing to contact the consumer when the debt-collector knows that an attorney represents the consumer.
4. Calling repeatedly, or calling consumers before 8 a.m. or after 9 p.m.
5. Asking neighbors to deliver phone messages to the consumer.
6. Falsely implying that a debt collector is an attorney. [Read more…] about Consumer Rights Under the FDCPA

As Alabama Consumer Rights Attorneys, we know how important it is for consumers to check their credit report and verify everything on it. In today’s computer age when people are routinely paying bills and making purchases etc… on the internet your identity is more likely to be stolen now more than ever. Set forth below is how any consumer can obtain a yearly free copy of their credit report. Be careful; however, there are many companies out there that say they can get you your free credit report, but what they don’t tell you is you have to sign up for a monthly service.

The Fair Credit Reporting Act (“FCRA”) is a federal law that provides consumers with rights and remedies. It is important to consumers for credit reporting agencies (“CRAs”) to maintain accurate and complete consumer credit records. Consumers have the right to know what is in their file. Consumers are entitled to one free credit report from each of the three nationwide CRAs (Equifax, Experian and Trans Union) once in a 12 month time period. The CRA must provide the consumer with their credit report within fifteen days of receiving the request. [Read more…] about How to Obtain Your Free Credit Report