What is consent under the TCPA? It is a question that many courts have faced and tried to answer but has still left us asking the same question. In most circumstances, to establish consent we start from the beginning at the point where the consumer opens up the credit card, car loan, mortgage loan, etc. [..]
Category: Debt Collection Defense
What is an auto-dialer? It seems like courts across the country are constantly faced with this ever evolving question. In the U.S. District Court for the Southern District of Florida, the Court held that the Defendant, Ocwen Loan Servicing, LLC, was using an auto-dialer system to contact the Plaintiff after the Plaintiff revoked his consent [..]
If you have been sued by a credit card company or a debt collector do not be afraid. Seek representation immediately! Many times credit card company’s or debt collectors take advantage of those that do not seek representation. I have heard some horror stories, such as debt collectors using harassing language, threaten to put my [..]
Is your Home Owners Association (HOA) threatening Foreclosure or filed a Foreclosure Action Against You?
Has your HOA threatened or filed a Foreclosure action against you? If so, you need to hire a foreclosure defense attorney that will go to bat for you quickly and understands and is knowledgeable about various aspects of the relevant law and case law to aggressively fight for you. I often hear from clients statements [..]
Through aggressive Foreclosure Defense strategies, I was able to get a Final Judgment vacated, upcoming sale cancelled, and a foreclosure case dismissed for a 92-year old client in Miami-Dade this morning. The client retained previous counsel that unfortunately did not look into the case and unbelievably consented to Judgment. Prior counsel did not even put [..]