Entries by Ken Gibert

Light One Candle – Oct. 2021

Welcome to the first Light One Candle. As you probably saw, we call our newsletter this because it’s better to light one candle than curse the dark. If you’re facing big debt issues or even being sued, there is a series of steps you can take to get out of trouble. That’s what Your Legal […]

New Tricks of Debt Collectors

New Trick for Debt Collectors: File Motion for Summary Judgment before you Complete Discovery Discovery for Debt Collectors When debt collectors file suit, they usually start with everything they think they’ll need. It generally is only the very most basic information about your case – no more than two or three old statements and a […]

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 […]