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TCPA / Re: TCPA violation from a resort in Cancun
« Last post by 11181986 on Today at 05:42:46 PM »
I think first you would have to research if the TCPA even applies to alien corporations.
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Look at the laws used in your state regarding personal injury cases.  There are usually state laws regarding Negligent infliction of emotional distress (or other damages) that may apply to Equifax here.

They certainly acted in a Negligent way that will cause all of us to have to take measures to protect not only our credit reports but entire identity for the rest of our lives (because having your SS number, birth date, name and other information out on the black market will never go away. It will be sold many times over for the next 25 years or more).
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Are you guys filing on Equifax yet?

My state's small-claims fee is $90...so after service of process, i'd be spending $100 to file on them.

I'm up for taking a flyer on it, but am somewhat worried that there really is no private cause of action here without actual damages.

Thoughts?

FCRA.

Equifax provided your credit report to a third party or parties, and did so without a permissible purpose.

The disclosure was the result of Equifax's failure to protect the data. In failing to protect the data, Equifax knew, or should have known that the data would be disclosed to third parties because Equifax has previously been subject to hacking attempts.

Also look at your state's laws to see if they have a credit report statute.
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Arbitration is based on FEDERAL law.

There is a template for MTC on Debtorboards.  You will have to search for it.  Modify this based on your specific situation.  That is, put in the MTC that you have already filed in JAMS, that you elected arbitration a long time ago, etc., and back it up with evidence.

But that is putting the cart before the horse.  File in JAMS first, THEN file your MTC.
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Thanks BrokeBob,
What I think I need to do now is focus on getting my documents drafted.
I need to fill out and prepare a JAMS filing and a MTC ASAP. I'll need to know if I also need to file an answer.
It's probably more useful to delay contacting the attorney about settlement prospects after I've filed and served those documents.

Are the JAM application procedures and rules in NYS the same as other states? Or is the procedure controlled by NYS law?

Can anyone point me to MTC samples/templates that will work with NYS civil court?
Ditto regarding wording to use when filling out the JAMS 'Demand for Arbitration Form'.

Calling on any experienced NYS forum members who can offer some guidance in constructing a MTC and/or answer.
Thanks a bunch for any assistance in drafting my reply to the court complaint.
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Most stuff in JAMS is done by email. 

Sometimes discovery is done by snail mail, sometimes by email.  Make sure you have electronic copies of everything you might need to send in case you are out of town.

As for the court hearings --

As I mentioned earlier, different courts have different rules about scheduling motion hearings.  You absolutely 100% need to know how motions hearings are scheduled in your court before you file the MTC. 
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Thanks BrokeBob,
Yes, I want to get a move on filing with JAMS. I'm not sure what to include in my filing or how to go about it. I'm spinning in circles.
Yes, I saved all the letters and materials I sent to both Nationwide Credit and AmEx as well as all CM/RRR copies.

"5. You have xx days to answer the suit after you are sued.  It can take a few weeks to get some acknowledgment from JAMS.  The earlier you file, the more likely you are to have acknowledgment from JAMS before you file the MTC.  That may or may not be helpful. "

Reality check question:

Other than contacting AmEx attorneys to communicate that I'm collection proof and reaching a settlement before any court appearances (and I'm not sure how realistic it is for AmEx to entertain settlement before the case is filed with JAMS) ... is it at all reasonable to expect an MTC to be granted and case filed with JAMS as early as sometime this November?
Barring a settlement (or even with the technical court steps of a settlement) is it completely nuts to think I could dispatch the necessary paperwork for a potentially drawn out legal process (or even minor legal process) while not being at my home address and thus having constant access to my mail? Should I just resign myself to the idea that I'll need to be at my home address to regularly receive and send mail, including signing for certified mailings, with the added necessity of possibly frequent court appearances at regular intervals (to either appear or file papers) ... and the notion of trying to do an MTC  a.s.a.p. and get this into JAMS where it can be dealt with more fully in late February ... is just a pipe dream? Even if I devote the time to get it into JAMS, will I need to be around before late Feb to deal with the arbitration process ... mailings, appearances, etc?

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Arbitration / Re: Amex Lawsuit filed in NJ....Help
« Last post by BrokeBob on Yesterday at 11:29:43 PM »
Nobody, not even OP, can consider ALL possible outcomes.

Which is why the OP and son should discuss this matter with someone knowledgeable.  Nobody on this forum can tell the OP if BK would accelerate the debts, or possibly make the OP's son ineligible for future student loans.  It needs to be someone who knows the implications of the precise student loans the OP's son has. 

If that were the case, the strategy might be very different.

For example, if BK would NOT accelerate the loans, but would make the OP's son ineligible, a possible strategy would be to drag things out in arbitration and court until the OP's son has received the necessary student loans for his senior year, then file for BK as soon as the senior year tuition is taken care of. 
Is that a good idea?  I don't know. 

I also mentioned the implications of what career path the OP's son might take.  Bad credit can be very damaging to one's career.  This is especially true of careers related to banking and finance, and to careers that may require a National Security clearance. 
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I want to clarify a few things, and correct a few things.

1.  My suggestion that you file with JAMS even before getting served is to show the judge you are serious.  Things have changed since the early days.  From what I hear from other members, it is often very good if you show you have filed with JAMS before the hearing for MTC.  It is even better if you have filed in JAMS before filing the MTC.  I suggested filing right away, so that when you file the MTC, you can show the case is already in JAMS. 

2.  For filing, the earlier the better, but better to wait a few days and do it right.

3.  Correction -- Amex being an OC could not have broken the FDCPA.  However,
    a.  The law firm that sued you may have violated the FDCPA by suing after you elected arbitration.  I don't know what is in the arb agreement now, but for my own case I filed against their law firm as well, and settled with both parties.
    b.  You could file a claim against Amex for breaking the arbitration agreement portion of the contract, with the damages being the costs and hassles of the court case. 

4.  I hope you saved a copy of the letter you sent, which I hope was certified mail, electing arbitration.  That would be extremely helpful if you saved it, and extremely unhelpful if you did not.  That is why I save everything.  I saved EVERYTHING with Amex.  I am not permitted to say if that helped in my settlement or not. 

5. You have xx days to answer the suit after you are sued.  It can take a few weeks to get some acknowledgment from JAMS.  The earlier you file, the more likely you are to have acknowledgment from JAMS before you file the MTC.  That may or may not be helpful. 

6.  Make sure you send copies of everything to the attorneys for Amex.  Send everything CMRRR, make copies of everything you send, and save all the evidence you sent it.  Photocopies of the green cards, etc. may be included with your MTC.


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Spending some quality time with the local Rules of Civil Procedure will answer most of your questions.

The Clerk also give you a sense of the tempo of that particular court.  But no one, particularly we on this board, cannot tell you what you might encounter, or even expect.  The court sets the tempo according to its rules and its docket.

You also might want to spend some time researching what might be considered a waiver of your rights to arbitration.  Some states are very lenient on this score, but others are less accommodating.

If you want to keep this matter out of court, perhaps you need to be talking settlements with AmEx's attorneys.  But, keep in mind, if you have a bad case in court, you're going to have a bad case in arbitration.

I'm going to need to query the forum for NYC savy members and try to get some good info on Rules of Civil Procedure and waiving rights to arbitrate.

Again, settlement is my preferred course of action.
I guess I'm going to have to get some pointers from the forum on how to pursue that.
AmEx has sent me letters in the past offering to settle for 60% of the alleged debt. I can't afford that.

The only way AmEx will see any money at all is via settlement, and they will not get that much as I don't have much. My sense is that normal laws of economics do not apply to AmEx, and they'll happily spend tens of thousands of $$ in legal expenses too own a piece of paper they can wipe their ass with (there's also a right to appeal in the cardholder agreement, "party shall have 30 days to appeal that decision by notifying the arbitration organization and any other parties in writing. The organization will then appoint a three-arbitrator panel which shall consider anew any aspect of the decision objected to by the appealing party").
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