Author Topic: Resources to Find Consumer Protection Attorney - WA State  (Read 2486 times)

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NHDood

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Resources to Find Consumer Protection Attorney - WA State
« on: October 22, 2015 10:21:09 PM »
I have a couple of instances of FCRA violations made by a cable company for unauthorized hard pulls. I am looking for some current & relevant resources to assist in finding a local attorney to help collect.

Any recommendations of a general nature would be appreciated here. Any specific recommendations sent via PM would certainly help too.

Washington state, King county.

coltfan1972

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Re: Resources to Find Consumer Protection Attorney - WA State
« Reply #1 on: October 22, 2015 11:37:09 PM »
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LexisNexis® Legal Newsroom- 05-17-2013 | 10:11 AM --

JONESBORO, Ark. - A federal judge in Arkansas on May 15 ruled that dismissal of a consumer's lawsuit against a debt collector is not proper because although the consumer posted messages on a website "in an odious manner," valid First Amendment concerns exist (Brandon Scroggin v. Credit Bureau of Jonesboro Inc., No. 12-0128, E.D. Ark.; 2013 U.S. Dist. Lexis 69070).

Bruno the JDB Killer

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Re: Resources to Find Consumer Protection Attorney - WA State
« Reply #2 on: October 23, 2015 01:41:35 PM »
Did you ever do business with them? Did they extend you an offer of any kind? Do you owe them money? These are some of the ways they can pull your credit. As for lawyers, we cannot recommend attorneys per DB rules. One way to find one is to see if this company has ever been sued in your state, and who the attorneys of record were. Often a name will pop up a few times.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

fisthardcheese

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Re: Resources to Find Consumer Protection Attorney - WA State
« Reply #3 on: October 23, 2015 03:40:18 PM »
Did you ever do business with them? Did they extend you an offer of any kind? Do you owe them money? These are some of the ways they can pull your credit. As for lawyers, we cannot recommend attorneys per DB rules. One way to find one is to see if this company has ever been sued in your state, and who the attorneys of record were. Often a name will pop up a few times.

Did you ever do business with them?

I disagree with this one.  If you are paid in full and close your account, then they should no longer have permission to pull credit.  Generally a Cable company does not offer credit, therefore the ONLY reason they would have to do a pull is if you signed up for service, or closed your account but still owe them money.

My general recommendation for a cable company dispute would be to check their user agreement for the arbitration clause.  Even if they only have AAA, I can tell you from experience that they don't want to deal with any AAA case at all.  I would bring my FCRA claim in AAA and likely enjoy a quick, favorable settlement.
11 Arb Settlements (9 AAA, 2 JAMS)
3 JDB Suits Dismissed With Prejudice (2 pro-se, 1 consumer atty)
3 TCPA Settlements (2 pro-se, 1 consumer atty)
2 FCRA Settlements (consumer atty)
1 FDCPA Settlement (w consumer atty)
1 Small Claims Win (pro-se; Landlord/state consumer law violations)
1 State UDAP Settlement (ITS)
1 Federal PTC Settlement (before hearing; pro-se)

Bruno the JDB Killer

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Re: Resources to Find Consumer Protection Attorney - WA State
« Reply #4 on: October 23, 2015 03:45:48 PM »
I added that in because it would be odd for them to do credit pulls on people they never did business with. They do offer credit, although they don't lend money. They extend credit to the extent that they give you time to pay.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

NHDood

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Re: Resources to Find Consumer Protection Attorney - WA State
« Reply #5 on: October 26, 2015 08:38:27 PM »
Thanks for the replies.

Cases involve the following:
  • Established new account
  • Paid $50 deposit in lieu of credit check, explicitly revoking any consent to credit check
  • Credit check run anyways

Bruno the JDB Killer

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Re: Resources to Find Consumer Protection Attorney - WA State
« Reply #6 on: October 26, 2015 09:16:12 PM »
Federal law allows anyone extending credit to pull your report. Your only recourse would be to sue them for breach of contract via waiver, in which you would have to prove monetary damages. Got any?
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

fisthardcheese

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Re: Resources to Find Consumer Protection Attorney - WA State
« Reply #7 on: October 26, 2015 09:35:05 PM »
I added that in because it would be odd for them to do credit pulls on people they never did business with. They do offer credit, although they don't lend money. They extend credit to the extent that they give you time to pay.

While this may be true, I have always found Cable and Dish companies to charge you a month in advance.  You pay the first month upon installation and every month thereafter your bill is for the next month's service.  You actually are always prepaying for the month of service.

Thanks for the replies.

Cases involve the following:
  • Established new account
  • Paid $50 deposit in lieu of credit check, explicitly revoking any consent to credit check
  • Credit check run anyways

I still disagree with Bruno that they were extending credit to you unless the fine print in any of the paperwork you signed said they were extending credit or had the right to pull your reports.  If the waiver you signed along with the $50 specifically says they will not pull your credit for any reason, then I would say you may still have a FCRA violation.

If this were me, I would file a claim against them in AAA for FCRA impermissible pull, breach of contract, and for violations of my state Fair Business Practices Act (UDAP).  My actual damages would be the $50 deposit - which under my state law could be trebled and $1k statutory FCRA damages.   If you are still a current customer, I would expect a settlement in the form of 3 - 5 months worth of credit to my account.  If no longer a customer, I would think a $1k settlement is not too far off the mark.
11 Arb Settlements (9 AAA, 2 JAMS)
3 JDB Suits Dismissed With Prejudice (2 pro-se, 1 consumer atty)
3 TCPA Settlements (2 pro-se, 1 consumer atty)
2 FCRA Settlements (consumer atty)
1 FDCPA Settlement (w consumer atty)
1 Small Claims Win (pro-se; Landlord/state consumer law violations)
1 State UDAP Settlement (ITS)
1 Federal PTC Settlement (before hearing; pro-se)

Bruno the JDB Killer

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Re: Resources to Find Consumer Protection Attorney - WA State
« Reply #8 on: October 26, 2015 10:04:38 PM »
I have to disagree with the largest arms in the world. i never paid up front for Direct TV.

Any time a company offers you a month to month payment plan, they are extending credit under TILA as a revolving account. Miss a month, what happens? They bill you for two months and charge you a late fee etc., which under Smiley (SCOTUS) is interest. Interest can only be applied to an outstanding balance, which means they extended you credit, brother.

Think of it this way.......they could never sue you for a delinquent balance with out a promise to pay, which is directly related to the extension of credit.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

fisthardcheese

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Re: Resources to Find Consumer Protection Attorney - WA State
« Reply #9 on: October 26, 2015 10:19:48 PM »
I have to disagree with the largest arms in the world. i never paid up front for Direct TV.

Any time a company offers you a month to month payment plan, they are extending credit under TILA as a revolving account. Miss a month, what happens? They bill you for two months and charge you a late fee etc., which under Smiley (SCOTUS) is interest. Interest can only be applied to an outstanding balance, which means they extended you credit, brother.

Think of it this way.......they could never sue you for a delinquent balance with out a promise to pay, which is directly related to the extension of credit.

My Comcast agreement clearly spells out that payments are for the following month's service. If I make a change to my services (like when you canceled the Spice Network because they no longer run Missy Hyatt movies), the next month's bill will show a credit because I made changes in the month which I already previously paid for.

This is a disagreement that I would let the Cable company pay AAA $5k to sort out.  Maybe I am wrong and I have my AAA claim dismissed and I am out a whole $0.  Or maybe they settle with me anyway instead of drawing out the arbitration to see if I am wrong or not.   :vbbiggrin:
11 Arb Settlements (9 AAA, 2 JAMS)
3 JDB Suits Dismissed With Prejudice (2 pro-se, 1 consumer atty)
3 TCPA Settlements (2 pro-se, 1 consumer atty)
2 FCRA Settlements (consumer atty)
1 FDCPA Settlement (w consumer atty)
1 Small Claims Win (pro-se; Landlord/state consumer law violations)
1 State UDAP Settlement (ITS)
1 Federal PTC Settlement (before hearing; pro-se)

CleaningUp

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Re: Resources to Find Consumer Protection Attorney - WA State
« Reply #10 on: October 27, 2015 12:08:30 AM »

...Generally a Cable company does not offer credit, therefore the ONLY reason they would have to do a pull is if you signed up for service, or closed your account but still owe them money.


Actually, they do.  You are leasing the cable set-top box, cable modem, and DVR from them.  A pull would be appropriate.

This is what happens with cell phone companies when you get on a 2-year agreement for a new phone...they are financing the full price of the phone in the rate paid over the two years.

 

credit