Statute #1: Fact number one would not apply to the Deceptive Collection Practices Act: • Neither one of the employees are employed at the collection agency, and if they were this statute wouldn’t apply to them for two reasons. 1. This is a personal matter, this law only applies to debt collectors and the consumer they are attempting to collected the debt from. 2. This statement is very vague, there is nothing about a contract or any agreement they may have had in writing. Fact 2: For fact number two, one should want to know whether Mr. Green being a secretary for the collection agency has any relevant at all. This is yet another personal dispute, yes he added an additional $25.00 to a $500 balance, and he is an employee. The question
expected John to pay of his debts. John would not pay of the debts and made
Portia owes Bon $500 on their roof repair contract, but refuses to pay. To collect, Bon files a mechanic’s lien. Under a mechanic’s lien, security for the debt is represented by
The tax courts provide us with a number of scenarios similar to the one faced by Adrian. In Kuhler v. Commissioner of Internal Revenue 18 T.C. 31 (1952) a taxpayer received a commission check on the evening of December 31, 1946, past banking hours, and reported its amount
Laws are different in every state it is good to look into how your state laws protect you. If you feel like the collection agency are harassing you or threatening you need to contact your states Attorney General’s office, or the Federal Trade Commission.
, but Marshall said that since it was a contract it could stay and was legal
Creating an adequate monitoring system not only protects the best interest of an organization but the consumer also. Furthermore, without these structured protections for the business and consumers, unethical behavior tends to flourish throughout an organization in several different forms. In the case of the Better Business Bureau, it appears that the proper protections were not in place to protect consumers or the organization should have updated its mission statement to account for the many consumer changes since the use of the internet globalized businesses. Furthermore, the leaders of BBB should have worked harder to ensure that employees and companies were punished for allowing his or her unethical behavior to tarnish the organization’s image.
Deb buys a song through eSongs, an online music vendor. Before completing the purchase and downloading the song, Deb must review a provision stating that she will not make and sell copies of the song and is required to click “I agree.” This provision is
We are writing in response to our summons package that we received on June 20th 2017. As it states on page two of the summons yes we did enter into a contract with Nusenda for a new camper that at the time financially we thought we were able to commit to. But it became reality shortly after that it was going to be more difficult than we both anticipated. After being late with a payment here and there because of when payday would come around didn’t work with Nusenda and they were quick to load on the late fees and to push the calling daily and to mail out daily reminders to us till it all became too much. We were struggling to find the money to make some sort of payment to stop Nusenda from all their attempts to collect and still put food on our table for us and our four children.
This shows why Lyddie should not sign the petition because she could get fired then she wouldn’t be able to pay off the debts. Another reason is Lyddie can get blacklisted then she won’t be receiving money to pay off the debts. “I’m thinking of you. What will you do with no job?
this case could be an tricky in the court, because in the contract they only
3. What discrepancies/irregularities can you identify in Stephanie Baker’s file? What additional documentation would you like to have? Do you have any additional concerns regarding Stephanie’s file?
The law that Glen violated is the Fair Debt Collection Practice Act. This act applies only to specialized debt-collection agencies who regularly attempt to collect debts on behalf of someone else. Creditors trying to collect debts are not covered by the Act unless, by misrepresenting themselves, they cause the debtors to believe that they are collection agencies. Since Glen is misrepresenting himself as Flocka Collection Agency, he is subject to act in accordance of the FDCPA. The first way he violated the law was by calling at 3:00 a.m. The FDCPA prohibits contacting the debtor at inconvenient or unusual times. Glen breach this by calling Patrick at on a Monday morning at 3:00 a.m which is an odd time. The FDCPA also prohibits harassment or
You are correct, background checks are imperative and must be conducted; failing to do so I a liability on companies and can make them an easy target for lawsuits. In my opinion employees working in finance, banking, and dealing with money should not only have a background check for also a credit check as well. According to The Fair Credit Act each state have different laws for checking potential employees credit but I think it should be necessary for anyone working in finance and not everyone one (Bernardin & Russell, 2013).
I had three large jobs to try to obtain payment from and two small jobs. I was able to obtain a payment from two of the large jobs. I then documented in the computer system on the accounts the notes pertaining to the delinquent calls. Mr. Wright checked these notes on Friday afternoon. He reminded me at that time that I needed to document the date and time of the call, incase we ever need a record of attempts to obtain the
What is a Fraud? A fraud is when one party deceives or takes unfair advantage of another. A fraud includes any act, omission, or concealment, involving a breach of legal or equitable duty or trust, which results in disadvantage or injury to another. In a court of law it is necessary to prove that a false representation was made as a statement of fact that was made with the intent to deceive and to induce the other party to act upon it. It must be proven that the person who has been defrauded suffered an injury or damage from the act. Fraud is considered a civil wrong and a criminal wrong. A civil wrong is when one person commits a wrongful act on another person that harms them physically, financially, or mentally. Criminal wrong is