• Consumer Protection Law and Advocacy — Chicago, IL

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Consumer Attorney Spring Training

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Stacy Bardo is once again an invited speaker and panelist for the NCLC/NACA Consumer Attorney Spring Training. An annual event hosting hundreds of consumer attorneys, Spring Training focuses on the latest consumer legal trends and practice tips. Bardo will be training both new and seasoned consumer advocates on state court FDCPA filings. With recent decisions limiting consumer access to federal courts, every consumer attorney needs to turn to state courts to protect their client’s rights against unscrupulous debt collectors.

Topics for the training session to include:
1. Standing in different state courts
2. Winning a removal motion
3. Educating the judiciary on FDCPA and statutory damage cases
4. State law variations on debt collection laws

To register for the event, visit https://www.consumeradvocates.org/training-events/nclc-naca-conferences/.

Consumer Rights Litigation Conference in Chicago!

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The National Consumer Law Center and National Association of Consumer Advocates will be meeting in Chicago in October for the annual Consumer Rights Litigation Conference.

Bardo Law, P.C. is pleased to be a host sponsor of the Conference and Stacy Bardo is honored to be an invited speaker. Ms. Bardo will be teaching at the first Introduction to Consumer Law Intensive and is also a panelist for the ABCs of the Fair Debt Collection Practices Act.

For more than 30 years, the Consumer Rights Litigation Conference has been the nation’s most comprehensive gathering of attorneys and other consumer advocates.

Information about the conference is available at www.nclc.org/event.

Spring Training – Presented by NCLC and NACA

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Spring Training, included within the NCLC/NACA Consumer Law Education Event (CLEE) series, gathers the consumer law community together. Educational courses are offered in three tracks: Fair Credit Reporting Act, Fair Debt Collection Practices Act and the Business of Consumer Law. This year, Stacy Bardo will be addressing attendees during the Business track. Together with Michael Cardoza of Cardoza Law Corp. and Craig Rothburd of Craig E. Rothburd, P.A., Stacy is set to train attendees on the Ethics of Legal Staffing to promote law firm efficiencies.

The panel will also discuss how to bring the consumer law community together in private firm/legal aid partnerships.

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False Background Report Remedies

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False or inaccurate background reports unfairly cost consumers both job and rental opportunities.  Even though the majority of states have implemented expungement or sealing practices for old eviction and criminal records, background screening companies often report defunct information.  When screening companies don’t regularly update their data, previously sealed or expunged records may be included in reports to prospective landlords and employers.  “When screening companies get it wrong, they not only undercut states’ efforts to give their residents the opportunity to move forward with their lives, but they also risk violating the federal Fair Credit Reporting Act (FCRA).”

See more at https://www.nclc.org/wp-content/uploads/2022/08/IB_Zombie_Records-1.pdf.

Tenant and employment screening companies are required under the FCRA to follow reasonable procedures to assure maximum possible accuracy of the information they report.  When sealed or expunged records are reported, the screening company is NOT assuring maximum possible accuracy.

In addition to assuring maximum possible accuracy, the FCRA prohibits posting obsolete or unverified information.  Generally, this means records that are more than 7 years old or that have not been properly authenticated as belonging to the consumer.

Screening companies must also follow a set of guidelines to notify consumers as to the information in their reports.  Consumers must be granted access to their files when requested and screening companies must conduct a reasonable investigation when a report is disputed.

If you are a consumer and have been turned down for a job or an apartment based on information in your credit report and you have questions, e-mail stacy@bardolawpc.com for a free case review.

 

 

Consumer Rights Litigation Conference

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Seattle, Washington is set to host the National Consumer Law Center’s Consumer Rights Litigation Conference on November 10-13, 2022.  As an invited panelist, Stacy Bardo will address the practical impact of TransUnion v. Ramirez on Fair Debt Collection Practices Act cases.

Stay tuned for conference and agenda updates.

NACA Spring Training

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Stacy Bardo of Bardo Law, P.C. is pleased to announce her participation as an invited speaker at the National Association of Consumer Advocates’ Spring Training.  Together with Andrew Milz, Stacy will be guiding other attorney advocates through how to Handle Cases Post- Judgment, including:

  • When to appeal
  • How to collect your judgment
  • Ascertaining defendant viability
  • Petitioning for attorney fees

This will be NACA’s first in-person gathering since COVID and Stacy welcomes the chance to be back with her consumer advocate colleagues from across the nation.

When: May 11–14, 2022

Where: Sheraton Grand at Wild Horse Pass, Phoenix, AZ – Hotel Site

Tracks: Auto, FCRA, and Case Valuation and Damages

NACA is a nationwide organization of more than 1,500 attorneys who represent and have represented hundreds of thousands of consumers victimized by fraudulent, abusive, and predatory business practices.

 

Debt Collection Abuse, Consumer Law Services at Bardo Law PC

New Debt Collection Rules In Effect

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New debt collection rules are in effect. Starting November 30, 2022, the CFPB’s debt collection rule changes now apply. While some rules leave consumers vulnerable to increased debt collection contact, others provide clarity and greater protection. Let’s take a look at the most important changes.

First, debt collectors must contact consumers before reporting a debt to the credit reporting bureaus. This allows debts to be negotiated, disputed or paid before it negatively impacts credit.

Second, debt collectors must provide expanded dispute or “validation” notices.  The new model notice gives consumers multiple options for disputing debts.  For example, “this is not my debt,” or “the amount is wrong” are now listed right on the collection notice as options to check off.

Third, debt collectors are now specifically restricted from suing on debts that are past the statute of limitations.

And finally, debt collectors should not call more than seven times within seven consecutive days about a specific debt.  More than this is now presumed to be harassment.

The new rules also contain specific provisions related to collecting debts via e-mail, text or social media.  Check out the CFPB’s rule highlights at https://www.consumerfinance.gov/about-us/blog/understand-how-cfpb-debt-collection-rule-impacts-you/.

For more information on your debt collection rights, visit http://bardolawpc.com/services/#.

Virtual Consumer Law Training

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The National Consumer Law Center’s Virtual Training session includes key updates on new debt collection laws. Stacy Bardo of Bardo Law, P.C. will engage new and experienced attorneys in practice tips, caselaw updates, and litigation strategies.

From NCLC:
“This year’s Consumer Rights Litigation Conference (CRLC) will delve into every aspect of consumer law, including full tracks on Auto Loans, Credit/Banking, Credit Reporting, Debt Collections, Mortgages and Foreclosures, Student Loans and the Telephone Consumer Protection Act (TCPA), in addition to many individual courses on ethics, litigation, practice issues and more. Sessions will take place between 12:00 PM and 6:30 PM Eastern standard time (EST) every day, and one conference registration fee will allow you to attend as many sessions as you’d like. For those sessions you miss, we will be recording them for later viewing. We’ll also have plenary addresses from high-profile speakers, strategy summits, legal tech talks, networking opportunities, and even a few social gatherings to allow us to connect virtually.”

https://web.cvent.com/event/f6229835-4764-4a6e-a4a0-ff0bb2717aa4/summary

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Struggling Renters Protected By New CFPB Rule

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The Consumer Financial Protection Bureau (CFPB) just added new rules to protect struggling renters.  Effective May 3, 2021, debt collectors must advise renters of their rights in eviction actions.  With nearly 9 million households behind on rent due to COVID-19, there is still need for greater eviction protections.

Debt collectors were always prohibited from misrepresenting their tenants’ eligibility for eviction protection.  Now, however, they need to affirmatively disclose any right to seek temporary eviction protection.  The debt collector must make the disclosure in writing, either with the eviction notice or lawsuit, and the disclosure must be clear and conspicuous.

Full details available at https://www.consumerfinance.gov/about-us/newsroom/cfpb-rule-clarifies-tenants-can-hold-debt-collectors-accountable-for-illegal-evictions/.

Non-compliant debt collectors can be liable for up to $1,000 in statutory damages plus actual damages and attorney’s fees for failing to comply with the new rules.  If you have been served an eviction notice without notice of these rights, contact our office today.

 

NACA’s Spring Training 2021 (Autofraud Track)

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Stacy Bardo and Andrew Milz of Flitter Milz (https://www.consumerslaw.com/) selected Co-Chairs for NACA’s Spring Conference, Autofraud Track.

Stay tuned for more details at https://www.consumeradvocates.org/ as we plan new consumer law training for advocates across the country.

Agenda to include:

  • Winning strategies for consumers in warranty, repossession, and finance fraud cases
  • Subpoenaing the right documents from federal and state agencies and discovery methods
  • Client counseling for repossessions and deficiency balance defense
  • Class action remedies and options