Archive for the ‘Law & Ethics’ Category

i think my af recruiter is officially sketchy?

G.I.JANE asked:


04/30/08 enter af recruiters office i had done “enough ” homework up to that point and was under the impression that the recruiters job was to basically take it from there. I left being told I could be at meps in one week. I was misled. I have to the best of my ability produced documents (to include but are not limited to) explanation of any and all legal infractions-down to seat belt warnings-A detailed credit report along with explanations of economic hardship etc. I have sought the professional opinion of a licensed consumer credit counselor-have made arrangements with creditors to have a monthly consolidated fee drafted from a account – Single handedly coaxed my student loan (2) into deferment And have obtained two exceptional reccomendation letters from exemplary members of the community. I made a 78 on my asvab. (DROVE MYSELF) .I have produced and reproduced documents. -Today he tells me if my folder is not complete by 5 pm tomorrow well i guess its game over-excuse me? ***?

Roberto
 

Business Law Questions?

southernbelle540 asked:


Consumer Financial Corporation (CFC) extends credit to consumers. CFC is subject to the Equal Credit Opportunity Act, which prohibits credit discrimination based on

a. educational achievement.

b. income.

c. marital status.

d. unfavorable credit reports.

Jorge

 

more legal questions – please help?

Damaly asked:


12 Consumer Financial Corporation (CFC) extends credit to consumers. CFC is subject to the Equal Credit Opportunity Act, which prohibits credit discrimination based on
a. educational achievement.
b. income.
c. marital status.
d. unfavorable credit reports.

13 When Bruce applies to First State Bank for a credit card, he is denied credit. He can obtain information on his credit history in a credit bureau’s files under
a. the Equal Credit Opportunity Act.
b. the Fair Credit Reporting Act.
c. the Fair Debt Collection Practices Act.
d. none of the above.

14 The credit department of Nationwide Department Stores, Inc., frequently calls Maxine at work, even though her employer objects to the calls, about her overdue bill. This is a violation of
a. the Fair Credit Reporting Act.
b. the Fair Debt Collection Practices Act.
c. the Truth-in-Lending Act.
d. none of the above.

15 Excel Furniture Store, from which Frank bought home-office furniture, sends a letter to Frank—who failed to make his scheduled payments for four months—asking for payment for the furniture. This is a violation of
a. the Fair Credit Reporting Act.
b. the Fair Debt Collection Practices Act.
c. the Truth-in-Lending Act.
d. none of the above.

16 National Toy Company makes a toy that the Consumer Product Safety Commission (CPSC) believes to be hazardous. The CPSC may require National Toy to
a. remove the toy from the market.
b. report on any items sold, but not remove the toy from the market.
c. remove the toy from the market and report on any items sold.
d. none of the above.

Wanda

 

Can you sue the creditor and there attorney for negligence for failing to put a debt on a credit report?

shoe1diva asked:


In 2005, me, my mother and my brother, signed a apartment lease for our mother. In 2006, the landlord commenced eviction action against us. Only my mother was served a copy of her summons and complaint, and not my brother or me. Only my mother showed up for the proceedings, and she was evicted. The creditor went back to court, and got a $5,000 judgment against us. We were never notified of the judgment. Now here it is 2010. I was recently approved for a house, the financing and everything went Thur. When the finance company was getting the deed together, it showed that I had this judgment. The judgment is not on my credit, so therefore, I didn’t know that the debt exists. Now the finance company for the house is telling me that I can’t get the house, because of the judgment. Can I sue the creditor, and there attorneys for negligence, and violations of the Wisconsin Consumer Act?

Brad
 

What does this mean? Who do I pay or would paying restart the statute of limitations?

Wildfire asked:


was paying on a debt and the creditor still wrote it and charged it off. The collection agency’s lawyers wrote to me and I stopped paying the original creditor since I understand if the debt was sold, I could end up paying both the creditor and the collectors. I also wrote the collector’s attorney a letter requesting validation of the debt and stating if validation can be provided that their client owns the debt, I would contact the collection agency to make payment arrangements, but otherwise they needed to cease and desist from any and all collection activities or I’d file against them and their client with the attorney general for violating the fair collection practices act. I never heard from the collection agency, their attorney or the original creditor again. This was a while ago so I don’t think I am being sued,but I got a copy of my credit report and the original creditor reported it as a charge off. The collection agency also reports the debt and their statement reads: “Account information disputed by consumer (meets requirement of the Fair Credit Reporting Act)”. The report is scheduled to remain on my credit until 2014. What does that statement mean and what happens now? Do I pay the original creditor or the collectors or should I not pay at all to avoid restarting the statute of limitations?
I have a mortgage and own my house but that was before this.

Susan
 

Getting a job is growing more difficult?

Kelly asked:


I’m wondering about something. When applying for jobs, I’m seeing this come up alot. What does it mean?

” An investigative consumer report will be obtained for employment purposes, and it may include information about your character, general reputation, personal characteristics, and mode of living. We may/will request an investigation regarding your credit history, motor vehicle driving record, criminal and civil records, prior employment (including contacting prior employers), education as well as other public record information from Pre-Employ.”

Katherine

 

California Ticket Violation Statute of Limitations?

ARD asked:


Just found out today through a credit monitoring service of a collection by Santa Clara County, California for a Steady Red Circular Signal ticket dated April, 1997. The claims were a result of a September, 2007 (yes, over 10 years later) court appearance/judgment totaling $450. I spoke to the Department of Revenue Ticket Department and they had an old NY address. I moved out of the State of NY 9 years ago to the State of CT. To the best of my knowledge, I do not recall any notices 10 years ago to my NY address. So, a serious of questions pertaining to this case:

What are the Statute of Limitations for a 10+ year old ticket relative to a judgment date?

Do tickets have a default court date on the actual ticket itself that automatically satisfy Statute of Limitations and allow the case/violation to remain open?

I was not given notice of the 2007 court date so can that judgment stand?

If I take the County to court to remove the judgment and clear my credit report, must they appear in the State that I reside or must this matter be addressed in a California court?

Are there consumer protection laws for the State of CT that provide for such protection?

Do you have any case law where Counties have been held for damages to credit reports (presuming, of course, the collection was not conducted legally)? If so, what are the typical damage calculations?

I did a bit of homework on this issue and it appears that California Penal Code 1382 governs this issue from a statute of limitations perspective. Any other reference to penal code or case law would be appreciated.

Any other comments or feedback are appreciated. Many thanks!

Tammy

 

How do you find out if you are part of a class action lawsuit?

Miya D asked:


Can lawsuits be filed in your name, however settlements are not paid to you? Meaning, for instance, you filed a lawsuit against ABCD company and maybe the case is dismissed or perhaps some other non- trial occurrance. Can your lawsuit be handled and settled later without your knowledge?

Also, are credit reports use fairly? Why can’t consumers see the real truth on their credit reports which are previewed by many users concerning your private information? Are lawyers provided an informative query of prospective clients?

ELOY

 

Should profiling be illegalised at least in some states?

spinzaar asked:


By profiling i mean using data compiled by credit reporting agencies and consumer reporting agencies to determine the character of a person, there are also many other ways to create a profile like “myspace”. If people can get enough data on you don’t you think they can compromise you somehow and take advantage. I think the initial intent of credit reports was noble but now it can be used to other means and with hackers running rampant anyone can get your credit report info.

JACK
 

What do you think about companies now using credit reports in employment decisions?

Consumer Credit Reports
Twzted Love Photography asked:


In todays society credit is becoming more and more important. While it is a neccessity, what do you think about the implementation of consumer report investigations on individuals and basing employment decisions on it?
Male employees commit four times as much fraud against their employers than do female employees. Business losses due to fraud by employees over 60 years old are 28 times greater than those by employees 25 years old or younger. Approximately 58 percent of reported fraud is committed by non-managerial employees, 30 percent by managers, and 12 percent by owner executives.

http://criminal-law.freeadvice.com/criminal-law/business-fraud-theft.htm

The percentage of resumes and job applications that contain lies and exaggerations has been estimated between 30 and 80 percent. (Security Management Magazine)
5% of professional hires have criminal records. (Source: HR Logic)
75% of internal theft is undetected. (“How to Identify Dishonesty Within Your Business”)
Several studies estimate employee theft and dishonesty costs U.S. businesses between $60 billion and $120 billion per year, not including the billions spent on protecting against theft. (“How to Identify Dishonesty Within Your Business”)
Insider theft is growing at 15% annually. (Justice Department)
Employee theft amounts to 4% of food sales at a cost in excess of $8.5 billion annually. 75% of inventory shortages are attributed to employee theft. (National Restaurant Association)
The Labor Law Industry has increased by 2200%. (Equal Employment Opportunity Commission)
Employee theft costs between 1/2%-3% of a company’s gross sales. Even if the figure is 1%, it still means employees steal over a billion dollars a week from their employers. (“How to Identify Dishonesty Within Your Business”)
One-third of all employees steal from their employers. (Department of Commerce study)
30% of business failures are due to poor hiring practices. Annual losses generated by poor hires, absenteeism, drug abuse, and theft amount to $75 billion per year. (U.S. Department of Commerce-Atlanta Business Chronicle.)
Now with these statistics in hand what do you people still believe about comsumer report investigations in todays careers where even places such as mcdonalds may conduct these investigations?

NOE