Entries by Ken Gibert

New Tricks of Debt Collectors

New Trick for Debt Collectors: File Motion for Summary Judgment before you Complete Discovery Debt Collectors have a new tactic. It isn’t strictly new – they’ve been known to do it before, and it’s common enough in other kinds of litigation, but it’s happening much more often now in the “Covid era.” Or is it […]

Spokeo, Activist Courts, and Consumer and Debt Law

People involved in debt and consumer law have heard a lot about “Spokeo” in the past few years, and they’re going to hear more. Spokeo is a wolf in sheep’s clothing, a Supreme Court decision purporting to limit the Judicial system’s ability to override the functions of the other branches of government, but actually itself […]

Usury and Non-Bank Loans

I have had my hands full lately with the National Banking Act (NBA). Specifically, the question is whether the NBA, which protects national banks from usury claims, applies to debt collectors which buy the debts. It turns out that question has several possible answers. National Banking Act Allows Usury Here’s the background: some states have […]

FDCPA and Minnesota and the Dakotas’ “Pocket Service”

Under the Fair Debt Collection Practices Act (FDCPA), a debt collector is required to provide written notice of your right to dispute a debt within five days of its first attempt to collect the debt. See 15 U.S.C. Sec. 1692g(a). The law states that “a communication in the form of a formal pleading in a […]

Genetic Privacy and Government Data Bases

Michael Connelly is one of my favorite authors, and he’s just come out with a new novel, Fair Warning. It is, like so many Connelly books, about serial killers. In this one, the killer appears (I haven’t finished the book yet) to be using a company selling genetic family tracing information to locate victims. Unlike […]

Moratorium on Evictions

There’s a New Moratorium in Town With evictions beginning to happen, the feds have stepped in with an eviction moratorium. See, https://hosted.ap.org/berkshireeagle/article/1eb82db82ec722d329e52eff638c797f/cdc-directs-halt-renter-evictions-prevent-virus-spread…. You have to prove four things to block an eviction: 1) Income < 99,000/yr if single; (2) you have sought government assistance to pay; (3) you can’t pay because of “Covid-19 hardships” and […]