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Denbeaux and Denbeaux , NJ Attorneys at Law
9 minutes | Oct 14, 2016
Episode 21 (10/14/16) FCRT Podcast: Adam Deutsch Esq., Views on the CFPB Decision
Adam Deutsch, Esq. In this episode of the Financial Consumer Rights Talk, attorney Adam Deutsch reviews the issue of the recent decision regarding the CFPB. Adam Deutsch, Esq. host of the FCRT first reviews the October 11, 2016 ruling handed down by the Circuit Court of Appeals for the District of Columbia which involved fines that the Consumer Financial Protection Bureau (CFPB) levied on NJ mortgage lender and loan servicing company, PHH, in 2014. In 2014, PHH was fined $109 million dollars by the CFPB for violating the Real Estate Procedures and Settlement Act (RESPA) by accepting illegal and undisclosed kickbacks from mortgage insurers. The fine came after the case against PHH was ruled on by an administrative judge who assessed a damage award of a paltry $6.4 million. Next, Adam Deutsch discusses the decision to restructure the leadership of the CFPB, the origins of the current structure and how the change still gives homeowners access to private rights of action under federal law. Senior Associate Adam Deutsch provides legal representation to help consumers who have been harmed financially, as well prosecuting cases related to predatory lending, false credit reporting, and illegal debt collection practices.
8 minutes | Oct 4, 2016
FCRT: Adam Deutsch Esq., Reveals Medical Fraud In Patient Billing
Adam Deutsch, Esq. In this episode of the Financial Consumer Rights Talk, attorney Adam Deutsch tackles the topic of medical fraud and how some health care providers improperly bill patients or services that should be paid by the insurance company. Adam Deutsch discusses a growing trend of medical fraud reported by clients of Denbeaux and Denbeaux. Apparently, physicians are overbilling patients for procedures. The way the fraud appears is first they charge the co-pay and they bill again for changes that should be paid the insurance company. The excuse given by the health care provider is that the claim was submitted too late to be paid, or the insurance company has refused to pay the claim. The patient has no obligation to pay for charges agreed to by the provider and the insurance company, and the provider cannot pass on that demand for payment for the services to the patient. The impact of this practice is that medical billing departments wind up harassing patients for payment. The patient in tum contacts the insurance company to clear up the matter. Even after the insurance company corresponds with the patient that this is not an acceptable practice and the patient is not obligated to pay the extra charges, providers continue to demand payment. The problem then escalates when the matter is turned over to a collection agency, who in turn hires an attorney to sue to collect a debt not owed to them. When faced with this situation patients do have a recourse which is to sue the health care provider, the collection agency, and the law firm for damages which include counsel fees and court costs. Consumers who are victim to this kind of behavior are encouraged to question the bill and fight back against the provider’s fraudulent billing practices. If consumers ignore the situation and don’t fight back things can go from bad to worse to an absolute nightmare. If a Complaint filed by the law firm that is hired by the collection agency goes unanswered a default judgment can get filed which can result in garnishment of wages and/or a bank l
9 minutes | Sep 27, 2016
FCRT : Wells Fargo Scandal May Have Hurt Consumer’s Credit Scores
Adam Deutsch, Esq. In this episode of the Financial Consumer Rights Talk, host Adam Deutsch, Esq., of the law firm Denbeaux and Denbeaux, discusses how the Wells Fargo banking scandal may have impacted consumer’s credit scores. Wells Fargo was caught once again committing systematic fraud upon its customers, every day consumers like you. This time, the fraud was uncovered by the Consumer Financial Protection Bureau providing proof that government can provide meaningful representation and protection to constituents. The facts are startling: Wells Fargo opened as many as 1.5 million unauthorized deposit accounts and 560,000 unauthorized credit-card accounts charging approximately $2.4 million in fees to the victims. Over a five year period Wells Fargo fired 5,300 employees who were known to have created accounts without client authorization. According to New Jersey Senator Robert Menendez, at least 2,673 New Jersey residents are victims of the scam. Whenever this type of scandal breaks into the news there are attorneys that rush to bring a class action suit. Consumers typically have the right to opt out of class action suits, and doing so may result in the consumer’s ability to obtain more monetary relief by suing the bank as an individual. I believe this is particularly true for victims who had negative information reported on their credit reports as a result of the Wells Fargo fraud. These consumers have suffered not only the immediate out of pocket expense of paying unauthorized fees, their ability to obtain financing for the purchases of homes, cars, or higher education may have been greatly impacted. Denbeaux & Denbeaux has a proven track record obtaining relief on behalf of individuals against financial institutions. If you believe you are a victim of Wells Fargo’s latest scheme, contact us and we will help you determine the best course of action to repair the harm done and ensure you are compensated fully.
16 minutes | Jul 5, 2016
FCRT: CFPB Reveals Mortgage Servicing Problems
In this episode of the FCRT Adam Deutsch discusses the CFPB supervisory report on the mortgage servicing industry. He reviews the report and provides additional insight for homeowners in relation to RESPA , the Real Estate Settlement and Procedures Act. In this eleventh issue of Supervisory Highlights, (6/23/16) we share findings from recent supervisory examination observations in mortgage servicing. To provide additional context for readers, we integrate these recent observations with observations from previous editions of Supervisory Highlights by subject matter – loss mitigation acknowledgement notices; loss mitigation offers and related communications; loan modification denial notices; policies and procedures; and servicing transfers. The report also discusses Supervision’s approach mortgage to servicing exams, including a description of recent changes to the mortgage servicing chapter of the CFPB Supervision and Examination Manual. CFPB Announcement of the Supervisory Report Extract from the Introduction of the Report: Mortgage servicers play a central role in homeowners’ lives by managing their mortgage loans. Servicers collect and apply payments, work out modifications to loan terms, and handle the difficult process of foreclosure. As the financial crisis made clear, weak customer support, lost paperwork, and mishandled accounts can lead to many wrongful foreclosures and other serious harm. Since consumers do not choose their mortgage servicers they cannot take their business elsewhere. To improve practices in the servicing market, the Dodd-Frank Act Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) imposed new requirements on servicers and gave the Consumer Financial Protection Bureau (CFPB) the authority to implement
49 minutes | Jun 28, 2016
FCRT Podcast: Jerry Ashton Author of RIP Medical Debt
In this edition of the Financial Consumer Rights Talk, attorney Adam Deutsch discusses medical debt with author Jerry Ashton, a veteran, gadfly and critic of the excesses of the credit and collections industry. Inspired by the Occupy Wall Street movement’s “Rolling Jubilee” campaign against medical debt, he came out of semi-retirement in 2014 to co-found RIP Medical Debt with the goal of removing one billion dollars in unpaid and unpayable personal medical bills from the backs of fellow Americans. Their motto states the case clearly: Abolishing medical debt. For good. In addition to co-authoring the book The Patient, The Doctor and The Bill Collector: An Obamacare and Medical Debt Collections Survival Guide, Jerry blogs at the Huffington Post and tweets as @RIPMedicalDebt. www.linkedin.com/in/jerryashton/ http://www.huffingtonpost.com/jerry-ashton/ http://www.insidearm.com/author/jerrya3/ www.RIPMedicalDebt.org www.NoMoreMedicalDebt.com Article link about RIP Medical Debt: http://www.yesmagazine.org/new-economy/these-former-debt-collectors-decided-to-ditch-the-industry-buy-up-medical-debt-and-forgive-it-20150817 Media CBS News link re: RIP – http://newyork.cbslocal.com/2015/07/17/seen-at-11-a-phone-call-from-collectors-that-can-actually-get-you-out-of-debt/
28 minutes | May 31, 2016
Podcast: Paul Kiel of Pro Publica on Consumer Debt Crisis
Paul Kiel, is a journalist with Pro Publica and an authority on the topic of consumer debt in America. He is author of the ” The Great America Foreclosure Story” on Kindle, how two people’s lives were impacted by the foreclosure crisis and the process of the financial system that created it. More recently Paul has focused on the inner workings of the debt collection industry and plays a key role in the Pro Publica ongoing series entitled “The Unforgiven: the Long Life of Debt.” He’s spoken on the subject on NPR – National Public Radio’s “Marketplace” and today he discusses the topic of the consumer debt industry with Adam Deutcsh, Esq on the FCRT.
40 minutes | May 12, 2016
Podcast: David Dayen Talks About His New Book “Chain of Title”
In Episode 15 of The Financial Consumer Rights Talk, host Adam Deutch interviews author David Dayen and talks about his new book, Chain of Title: How Three Ordinary Americans Uncovered Wall Street’s Great Foreclosure Fraud. David Dayen has been writing about politics since 2004 as a blogger and later freelance journalist. In recent years Dayen has become increasingly focused on the financial industry, doing deep investigative work into the mortgage crisis that started in 2007 and has morphed into a loan servicing crises. Dayen is a contributing writer to Salon.com and also writes for The Fiscal Times, The New Republic, The American Prospect, Politico, The Huffington Post among others. He has been a guest on MSNBC, CNN, Al Jazerra and NPR. From Publisher: The
11 minutes | Apr 15, 2016
Podcast : NJ driver’s car burned by an ugly auto loan
Episode 14(4/14/16) Adam Deutsch tells the story a NJ driver’s car literally burned by an ugly auto loan. Denbeaux and Denbeaux protected this NJ driver from a bad auto loan for a car that caught fire like this one… In this story, a NJ driver took out a loan from a used car dealer for a Chrysler Sebring that was such a state that it spontaneously burst into flames. … then from being sued to pay back on an auto loan for an Audi A6, like this one. The dealer got a law firm to sue to collect the balance owed from the car owner. Not only were there TILA Truth in Lending Act violations galore, but the law firm lied and said the car loan was for an Audi A6. Learn what happened next in this podcast.
32 minutes | Jan 28, 2016
Episode 13 FCRT NJ Payday Loan Divestment Discussion with NJCA’s Beverly Brown Ruggia
The guest today on the podcast is Beverly Brown Ruggia who oversaw the payday loan divestment project for NJ Citizen Action. We are following up on a press release that appeared yesterday 1/27/16 :
18 minutes | Jan 13, 2016
Episode 12 NJ Attorney Sees Debtors Legal Rights Enforced with FDCPA
NJ Attorney Sees Debtors Legal Rights Enforced with FDCPA In April 2015 Adam Deutsch, Esq. of the law firm of Debnbeaux and Denbeaux and Ashleigh Lewis, had a piece published in the Rutgers Law Journal “Attorney Liability in Lien Enforcement: The Untapped Potential of the FDCPA“. In this work the authors discussed how prevalent FDCPA claims are, and how simple they are to enforce, and the potential for monetary damages to be awarded to debtors. Quoting from the conclusion of “Attorney Liability in Lien Enforcement: The Untapped Potential of the FDCPA” The Fair Debt Collection Practices Act is an underutilized and undervalued statute. One need only refer to a national newspaper to find, on any given day, at least one article relating to unjust activity within the collections industry. With consumer debt at an all-time high and the American public still climbing out of the great recession, there are an abundance of FDCPA violations that go unenforced with each passing day. This should be a great concern to anyone engaged in the collections industry. The juxtaposition is that debtors and consumer attorneys have been missing an opportunity to pursue the rights granted by Congress under the FDCPA. In a recent decision from the United States District Court of New Jersey Case 2:15-cv-04277-JLL-JAD attorney Adam Deutsh, established the potency of the FDCPA for consumers who feel they might have been wronged by unjust activity within the collections industry. Now, in this podcast Adam Deutsch discusses the potential for consumers to make complaints against those trying to collect as well as the attorneys who represent them by virtue of this case. Quoting from the conclusion of “Attorney Liability in Lien Enforcement: The Untapped Potential of the FDCPA” The FDCPA continues to be a self-policing statute in the civil litigation context. Federal agencies with enforcement power have mad
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