Tennessee Lemon Law

Class Action Lawsuit Alleges Collection Agencies' Credit Card Offer Contains ...

National consumer law firm Weisberg & Meyers, LLC announced Thursday that a class action lawsuit against Genesis Financial Solutions, Inc.(GFS), NCO Portfolio Management Inc. and WebBank continues to move forward. The lawsuit (CaseNo. 3:10-cv-02037-L), filed in the United States District Court for the Northern District of Texas (Dallas Division) alleges that Defendants deceptively used an offer for a pre-approved Pearl Card® Gold MasterCard® to collect or receive payment for an alleged debt, when in fact the offer was a collection letter. The lawsuit alleges multiple violations of the Fair Debt Collection Practices Act and the Texas Finance Code.

According to court documents Plaintiff Mark Myers received a mailed communication on July 12, 2010 with an offer from NCO Financial Services and GFS Financial Solutions that stated in bold print at the top, “Transfer your debt to a Pre-Approved+ MasterCard®!” The average consumer receives numerous credit card offers in the mail each month and may have perceived this offer, which was an attempt to collect a debt on behalf of the defendants, as a typical credit card application/offer, or junk mail and tossed it in the trash, and in the process, thrown away a communication that triggered specific rights under the Fair Debt Collection Practices Act.

Part and parcel of the FDCPA’s rights afforded to a debtor is what is commonly referred to as the “Mini-Miranda Warning”, a statement that identifies the name of the debt collector, the company they represent, and advises the debtor of his/her right to validate and dispute an alleged debt within 30 days. The Fair Debt Collection Practices Act mandates that each time a debtor is contacted by a debt collector via written communication, the “Mini-Miranda Warning” must be provided.

The complaint alleges that the communication received by Plaintiff Myers and others did not clearly display the “Mini-Miranda Warning” in its entirety where it could easily be viewed and read. This important information advising a debtor of his/her rights, appeared on the reverse side of the offer and thus could easily have been missed or overlooked and was overshadowed by the voluminous amount of fine print that has become standard in most credit card offers. A signature confirming acceptance of this new Pearl Card® Gold MasterCard® offer would validate the amount of the alleged debt and restart the clock on the statute of limitations, which may have already expired, unbeknownst to the debtor. By signing and agreeing to proceed with the credit card offer, the debtor has now waived his rights to validate and/or dispute the alleged debt.

Tennessee's 'Lemon law' doesn't go far enough | Michigan Lemon Law

It is time for our state to enact legislation to protect our car-buying citizens! Car dealerships are adding hundreds to their bottom lines at our expense through their “non-negotiable” documentation fees.

Additionally, there is no regulated recourse for consumers who have been sold a vehicle under unfulfilled pretenses. Returning the vehicle is “not an option.” Lemon laws only cover certain aspects of problems encountered with auto buying.

In 2006, California enacted a Car Buyers Bill of Rights, which is a step in the right direction. How about Tennessee rev up efforts to give more rights to citizens and less autonomy to the car dealers?

Article source: http://www.tennessean.

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