DEBT DEFENSE

CACH debt collector

Culik Law Vacates Judgments of Debt Buyer CACH, LLC

In two recent cases, Culik Law obtained court orders vacating default judgments against Massachusetts consumers by debt buyer CACH, LLC. The judgments had been entered against a Massachusetts consumer over five years earlier. The court held that the judgment was void because CACH, LLC was not...

Banks not Debt Collector under FDCPA

Bank Not a Debt Collector Under the FDCPA, Says Supreme Court

The Supreme Court has issued a long-awaited opinion addressing what type of company qualifies as a “debt collector” under the Fair Debt Collection Practices Act (FDCPA). The high court held that a bank who collects debts that it owns, even though the bank purchased the...

Consumer Protection Rights

Consumer Protections at Risk of Being Rolled Back; How to Help

The new administration announced plans to roll back consumer protections via an Executive Order. Although the order is vague, it essentially gives the U.S. Department of the Treasury instructions to restructure and limit the Dodd-Frank Act, the law passed to increase consumer protections after the...

debt collector harassment

What Should You Do if You Are Being Harassed By a Debt Collector?

Make no mistake – it is illegal for a debt collector to harass you. It violates the federal Fair Debt Collection Practices Act, as well as the Massachusetts Consumer Protection Act. But what constitutes “harassment”? And how do you prove that a debt collector has been...

fdcpa and business debt

Fair Debt Collection Practices Act Held Not to Apply to Business Debt

A recent Massachusetts decision reaffirms the important distinction between business debt and consumer debt when dealing with the Fair Debt Collection Practices Act (FDCPA) and the Massachusetts debt collection law, Mass. Gen. Laws chapter 93, section 49. The protections of these laws do not apply to...

Debt Resolutions Worth Keeping

If you make one resolution a priority this year, freeing yourself from debt is one that promises to be life changing and can bring positive change to other aspects of your life. New research shows that those who resolve to change their financial habits at...