• Consumer Protection Law and Advocacy — Chicago, IL

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

 

National Association of Consumer Advocates - Stacy Bardo

The COVID-19 Effect: Managing Mortgages

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Thanks to the National Association of Consumer Advocates for this informative content.

Mortgage delinquencies hit a five-year high in May as COVID-19 battered the economy and household finances. With record numbers of Americans out of work, many are concerned about being able to keep up with payments on their homes.

State and federal governments quickly enacted protections to help millions remain in their homes during the pandemic. But as infections continue to surge and the economy remains sluggish, families are struggling to afford to stay in their homes. There are options to help consumers get through this unpredictable and difficult period.

• All about forbearance – Forbearance is when a mortgage servicer or lender allows a homeowner to pause or reduce their payments for a limited time. “If your mortgage is currently in forbearance, and that forbearance is coming to an end, reach out to your servicer at least thirty days before the forbearance will end to make repayment arrangements,” said Judith Fox, Clinical Professor of Law at Notre Dame Law School. “Many servicers only granted homeowners 90 days of forbearance. However, the CARES Act provides for 180 days and an additional 180 days, for a total of one year of forbearance,” Fox said. “Do not wait until you have missed a payment. If you are in forbearance, but cannot resume making payments, request an extension.”

While the moratorium on foreclosures may be expiring, consumers are still eligible for up to one year of forbearance, followed by a loan modification.

Homeowners whose mortgages are not federally-backed may be granted forbearance and other assistance from their loan servicers. Be aware, these programs may come with additional fees or other charges. Borrowers should ask their servicers about these details.

• Keep an eye out for errors – Borrowers who receive an accommodation from their mortgage servicer should continue to monitor their monthly statements and their credit reports to ensure information about their accounts are accurate. Equifax, Experian, and Transunion are offering free weekly credit reports to all consumers through April 21, 2021.

• Make payments when possible – Forbearance allows homeowners to temporarily skip some payments now. However, homeowners will still need to make up for the mixed payments. Those who can afford to pay their mortgage should continue to do so to avoid having to potentially pay more later on.

• Watch out for scam artists – Homeowners should be wary of companies claiming they to offer mortgage assistance, especially those requiring upfront fees. It is illegal for these companies to take payments before producing results the homeowner is satisfied with. The Federal Trade Commission has more information on how to spot mortgage scams and what rights homeowners have.

• Consult with a housing counselor – A non-profit housing counselor sponsored by the Department of Housing and Urban Development can help worried homeowners figure out their best option. This service is low-cost and often free.

• File a complaint – “If you are unable to reach your mortgage loan servicer, file a complaint with the online Consumer Financial Protection Bureau complaint (database),” said Prof. Judith Fox. When the CFPB receives a complaint from a consumer, it sends the complaint to the complained-about company which is then urged to respond to the consumer and the CFPB within a reasonable time.

• Seek legal assistance – But first: “Keep your documents and keep your notes from all your interactions with your mortgage company. It will help you keep track of what’s happening, and help your lawyer help you if something goes wrong,” said Jeff Gentes, an attorney at Connecticut Fair Housing Center.

If a homeowner’s mortgage servicer refuses to comply with the CARES Act or other applicable laws, it may be time to get legal representation.

Consumers Ascending thanks Professor Judith Fox of Notre Dame Law School and Jeff Gentes of the Connecticut Fair Housing Center for their help with assembling these tips and resources.

Bardo Law, P.C. is a proud member of the National Association of Consumer Advocates.
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National Association of Consumer Advocates
1215 17th Street NW, 5th Floor, Washington, DC 20036
Phone: 202.452.1989 | Fax: 202.452.0099

Representing the Pro Bono Client

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Stacy Bardo will speak at “Representing the Pro Bono Client: Consumer Law Basics 2020.” This annual event is sponsored by PLI, the Practicing Law Institute, and will be a Live Webcast.

Agenda to include:

• Introduction to the Fair Credit Reporting Act
• Overview of State and Federal Restraints on Debt Collection
• A Primer on Automobile Fraud
• Representing the Unsecured Debtor
• Mortgage Servicer Litigation
• Assisting Student Loan Borrowers
• Developing a Working Relationship with Legal Services Organizations

Stacy is a frequent guest lecturer, serving on panels hosted by, among others, the Chicago Bar Association, the National Consumer Law Center, the National Association of Consumer Advocates, the Illinois Creditors’ Bar Association, and the Lawyers’ Trust Fund of Illinois. In 2018, Stacy joined PLI’s faculty for Representing the Pro Bono Client: Consumer Law Basics and is thrilled to be asked back in 2020. She has also been honored to present at PLI’s 23rd and 24th Annual Consumer Financial Services Institutes.

Homeowner Rights & Tenants Rights - Bardo Law PC

CVLS Launches New COVID-19 Mortgage Relief Program

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Chicago Volunteer Legal Services (“CVLS”) just announced its launch of a COVID-19 mortgage relief program. Right now, the CARES Act allows struggling homeowners with federally-backed mortgages to seek mortgage relief. Payments may be paused for between six months and one year and once payments resume, homeowners may qualify for loan modifications or other payment options.

Homeowners must request assistance and they have a limited time to do so. Therefore, CVLS created a toolkit to help these homeowners determine if they qualify and complete the process.

Check out more details at the CVLS website https://www.cvls.org/get-legal-help/covid-19-relief/.

We are proud to spread the word about CVLS’s new program. Bardo Law, P.C. has successfully obtained results for homeowners subject to unfair mortgage servicing practices and remains here to help.

My Credit Report isn't right - Chicago Consumer Attorney - Bardo Law PC

Committed to Consumer Justice – COVID-19 Action Plan

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As we face challenging times, I want to assure our clients, friends, and colleagues that we remain committed to consumer justice. While the firm will be employing remote work for the foreseeable future, and courts are now closed to non-essential business, here is what we are doing:

(1) maintaining contacts – potential and current clients will receive calls or e-mails back within 24 hours and we can continue to employ remote conferencing when necessary;

(2) continuing work – while judges will not be seeing most litigants or their counsel face-to-face, both Illinois and federal courts require e-filing so motions and complaints will continue to be filed and discovery will proceed as swiftly as practical;

(3) extending courtesies – we always believe in having good working relationships, even with our opponents, and we will, with client permission, adapt and be as flexible as possible to ensure the health, safety, and well-being of witnesses, court reporters, and each other; and

(4) reflecting – without the hustle of a daily commute or a rush to court, we can continue to be strategic and plan ahead.

In sum, we remain “open” for business, working on current files, and speaking with new clients to evaluate their cases. Do not hesitate to reach out with questions, concerns, to request an update or just to say hi. Stay well, be kind, and let’s work together to help our community.

Yours very truly,
Stacy M. Bardo

Chicago Bar Association - Stacy M Bardo - Bardo Law

The Shifting Ground on Standing Issues in Consumer Law – Stacy Bardo Presents at the Chicago Bar Association

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Even though it has been several years since the Supreme Court issued the decision in Spokeo v. Robbins, standing issues in consumer law are more relevant than ever.

This program is intended to discuss current and developing issues regarding standing, including recent decisions under consumer protection laws such as the FDCPA and FCRA, the status of class actions with new standards guiding whether a class can be certified when members have different standing concerns, and developments in consumer credit (identity theft and credit repair) and privacy related topics (FACTA, data breach, and the Illinois Biometric Information Privacy Act, including discussion of Rosenbach v. Six Flags).

Topics:
– Ongoing effect of Spokeo on consumer cases.
– Recurring standing issues in class cases.
– Unique standing arguments and case developments in consumer and privacy-related cases, including FDCPA, FCRA, data breach, BIPA, identity theft, and credit repair.

Speakers:

Bryan Thompson, Chicago Consumer Law Center, P.C.

Stacy Bardo, Bardo Law, P.C.

Steven Uhrich, Uhrich Law, P.C.

Katrina Carroll, Carlson Lynch LLP

Moderator:
Robert Harrer, Chicago Consumer Law Center, P.C; Vice-Chair, CBA Consumer Law Committee

National Association of Consumer Advocates Spring Conference

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Stacy Bardo will be presenting at the National Association of Consumer Advocates’ Spring Conference:  https://www.consumeradvocates.org/Spring2020/overview.

Consumer advocates from around the country will gather in Tampa, Florida for sessions on credit reporting, autofraud, and litigation skills.

Full program agenda to follow in the coming months.

 

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Identity Theft and Data Security

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Identity theft and data security top the consumer concern list. From data breaches to credit and debit card compromises, more and more consumers are impacted. Unfortunately, it’s no longer a question of if your data will be stolen but when.

A new crop of businesses now promise consumer protection. Some offer “dark web” checks. The dark web can’t be accessed by commonly used web browsers — you need a special browser to get there. The dark web isn’t all bad but it’s the place to buy and sell stolen personal information, often with Bitcoins or cryptocurrency. Businesses offering dark web monitoring may let you know your information is for sale. But they can’t remove the information once posted. When you are not dealing with legitimate agencies, they don’t cooperate with fraud victims.

Be aware of dark web monitoring limitations. Don’t pay for promises that can’t be kept. But dark web monitoring can let you know if your information is posted. This way, you can take your own action to limit your information’s use. Do this through credit freezes or two-step verification for online purchases.

The Consumer Federation of America’s survey shows that 36% of consumers don’t understand dark web monitoring services. Check out the survey results and other helpful tips at https://consumerfed.org/consumers-are-in-the-dark-about-dark-web-monitoring-services/.

There are plenty of no cost resources for identity theft victims. Visit the Federal Trade Commission’s www.identitytheft.gov, and the nonprofit Identity Theft Resource Center, www.idtheftcenter.org.

If your information has been compromised and you’re contacted by unfamiliar creditors or debt collectors, contact a lawyer for help. The federal Fair Debt Collection Practices Act and Fair Credit Reporting Act and state fraud laws provide redress for identity theft victims.

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Make Your Voice Heard

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Public Comments Due August 19, 2019

The Consumer Financial Protection Bureau needs to hear from consumers to understand the problems with the Bureau’s proposed new debt collection rule. Under the proposed new rule, debt collectors would be permitted to:

The proposed rule would allow collectors to:

  • Call you 7 times per week, per debt. 
  • Contact you by text, email, or direct message without your permission, and send important information through hyperlinks;
  • Sue you without the collector’s attorneys reviewing original account documents to ensure you are the right person and the debt is the right amount; and
  • Collect debt so old, the deadline for a lawsuit has already expired.

You can e-mail your comments and stories with harassing debt collectors directly to 2019-NPRM-DebtCollection@cfpb.gov.  More information can be found by visiting https://www.nclc.org/issues/take-action-debt-collection-rule.html.

If you have a story to share or want more information regarding your right to fight back against unfair debt collectors, please contact our office.

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The Consumer Rights Litigation Conference

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Stacy Bardo is once again an invited panelist at the National Consumer Law Center’s annual Consumer Rights Litigation Conference.  On Thursday, November 14, 2019, Ms. Bardo will speak on settlement negotiation tactics.  Together with Steve Koval, Koval Law Firm, LLC, and Mandi Matlock, Texas RioGrande Legal Aid, the panel will discuss tax ramifications, confidentiality clauses, and other common clauses impacting consumer law litigation settlements.