Rex C. Anderson is not only an advocate fighting on behalf of consumers, but he is also active in the legal community, giving speeches at local as well as national organizations. On January 30, 2015, at The Genesee County Bar Association’s First Annual Bankruptcy Seminar, Mr. Anderson gave multiple presentations on Chapter 7 Bankruptcy including Bankruptcy Alternatives: Fair Debt Collection Practice Act and Among some of the topics presented to the Genesee County attorneys in attendance were the following:
Bankruptcy Alternatives: Fair Debt Collection Act
Under the Fair Debt Collection Protection Act, or FDCPA, consumers are protected from abusive, deceptive, and unfair collection attempts by creditors.
Should a Debtor bring an FDCPA case? Many insolvent clients have received numerous phone calls and collection letters that violate the FDCPA. Furthermore, many potential Bankruptcy clients are struggling with the most aggressive and abusive debt collectors. In some cases a consumer may avoid bankruptcy by suing a debt collector under the FDCPA instead. Many factors are involved in this strategic choice, among which are 1) the number of creditors, 2) the number of FDCPA violations and 3) the total amount of debt. Suffice to say, a good FDCPA actual damage case, (ie where the debt collector’s conduct is especially egregious) may bring a settlement that can easily be used to settle with the other creditors instead of discharging those debts in bankruptcy. The same situation applies in a case of numerous TCPA violations, which can settle for tens of thousands if not hundreds of thousands of dollars. But remember, Consumers only have one year to file a FDCPA lawsuit after debt collectors have violated their rights. On the hand, TCPA violations have a four-year statute of limitation in most states.
What a consumer can do to document violations? It is important for consumers to take note of the date and times of phone calls, record phone calls if possible, save voice mails, obtain copies of phone records, send cease and desist letters, as well as request proof of the disputed debt.
Consumer advocates, like Rex C. Anderson, work to enforce the FDCPA and TCPA and hold violators accountable for their illegal actions.
Automatic Stay & Discharge Violations
A debtor in Bankruptcy is someone who is insolvent, meaning, they have more debts than assets, and they cannot pay their bills when they are due. Debtors in Bankruptcy need protection from creditors and that is where attorneys like Rex Anderson can help.
An Automatic Stay automatically goes into effect when a Bankruptcy petition is filed. If the debtor successfully completes the bankruptcy process, she is granted a discharge of all her debts. Both the stay and discharge injunction prohibit creditors from attempting to collect from the debtor. If creditors attempt to collect after the Automatic Stay is issued or the discharge injunction is entered, that gives rise to Stay and / or Discharge Violations, and may also give rise to FDCPA and TCPA violations. Bankruptcy Courts have the ability to award punitive damages against (to punish) debt collectors trying to collect debts that were successfully discharged in Bankruptcy when the conduct is egregious and outrageous.
“The attendees found your program easy to understand and insightful and that you were knowledgeable, dynamic and energetic.” – Bankruptcy Committee Chairperson, Genesee County Bar Association
Mr. Anderson also spoke at the Fair Debt Collection Practices Conference in Washington D.C. on March 12-13, 2015. This event is sponsored by the National Consumer Law Center (NCLC) and the National Association of Consumer Advocates (NACA). He presented on the following topics:
• Bankruptcy and FDCPA Cases
• Avoiding Trouble with Bankruptcy Proceedings: Debt Collection Suits, FDCPA claims, etc.
Mr. Anderson discussed the alternative of bringing FDCPA cases against his/her debt collectors as an alternative to Chapter 7 bankruptcy. However, People getting harassed by debt collectors often find themselves in financial circumstances, which necessitate the final last choice option of bankruptcy. If a debtor simply owes too many creditors too many debts in to great an amount then bankruptcy is probably the best option for them.
Rex C. Anderson’s passion for consumer’s rights not only shows in his many speaker engagements, but through his hard work and dedication for his clients as well. If you want an attorney that is easy to understand, insightful, knowledgeable, dynamic, and energetic, call the Law Office of Rex C. Anderson today.
Rex Anderson, P.C.
9459 Lapeer Rd., Suite 101
Davison, MI 48423