This "contact Jeff" form is only used for your convenience. This form does not make you a client of our firm. Jeff is licensed only in Pennsylvania. If you need an attorney outside of Pennsylvania, you can find one at National Association of Consumer Advocates. While we'll keep what you tell us private, remember that we can only give specific legal advice once you become a client of the firm. This is done by written agreement only.




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Fair Debt Collection Practices Act for Pennsylvania Consumers

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More tips to fight aggressive debt collectors...
Posted on 4/28/2010

Payday loan debt collection scams!...
Posted on 4/8/2010

The FTC Swings and Hits another Collector Hard....
Posted on 4/8/2010

Pennsylvanians - Happy Financial Eduation Month!...
Posted on 4/5/2010

A "how to" video on fixing your defaulted student loan and your credit...
Posted on 3/18/2010

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Fair Debt Collection Practices Act for Pennsylvania Consumers

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Fair Debt Collection Practices Act for Pennsylvania Consumers

10/26/2010
Tina M. McElhinny
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Customers Have Rights Against Debt Collectors - Jeff speaks about it in our local news!

Monroeville based Attorney Jeff Suher speaks to WTAE regarding debt collection harassment and your rights.

"Bottom line -- if they are trying to collect a debt from you, they can't threaten you in any way. They can't say they are going to sue you, unless they have the intent to do so. They can't try and scare you," Suher said.



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5/25/2010
Tina McElhinny
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Jeff Suher files a FDCPA lawsuit - find out what this local woman went through after being sued for a debt she didn't owe....

A local Pittsburgh woman filed a lawsuit against a debt collector lawfirm and Target. Allegedly, these companies were trying to a collect a debt that never belonged to the consumer. Unfortunately it took a lawsuit to make them go away.

4/8/2010
Jeffrey L. Suher, Esquire
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If you have ever had a payday loan, watch out for these scams!

Whether you have paid off your payday loan or not, beware of certain collection scams you may come across at anytime in the future. Payday loan scams are some of the sleaziest scams Attorney Jeff Suher has come across.

General

4/5/2010
Tina M. McElhinny
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April is Pennsylvania Financial Education Month

Did you know that Pennsylvania Governor Ed Rendell has proclaimed April to be "Financial Education Month"?

"Although Pennsylvania's unemployment rate remains below the national average and the economy continues to show signs of recovery, there are still Pennsylvania families that are struggling as a result of economic forces beyond their control," Governor Rendell said. "At a time when every penny counts, the ability to make informed financial decisions is more valuable than ever."

Does this make you think how you should be a little more financially responsible?  I know it makes me think. 

It makes me think about how many times I have taken out my credit card to pay for this or to pay for that.

Here's a perfect example I'd love to share, it makes me laugh every time I think about it.

My 8 year old has been playing ice hockey for 3 years now.  Let me just tell you, what an expensive sport!!  But a great sport.  It takes a lot of time and dedication for an 8 year old to play hockey. 

But, does his mom and dad really need to pay for ALL THOSE extra Penguins clinics just so her son can meet some players, does an 8 year old REALLY need to play on travel teams and spend weekends in Detroit,  New York and Toronto, Canada?  My goodness..........a bunch of us hockey moms were just laughing at ourselves.  We bleed ourselves dry just to give our 8 year olds these experiences.  We all know that none of our children will grow up to be Sidney Crosbys, but we still do it. 

All of these little extras we give to our children and give to ourselves is such a big part of society today.  We all need to keep up with the Jones' so to speak.
It can actually be quiet exhausting when you think about it. 

So, just for this month - sit and think, I mean "really" think about being a little more financially responsible.  We could probably all learn a little more about personal financial management to help us enjoy a more secure future.

Check out http://www.moneysbestfriend.com/  - this website is just for Pennsylvanians.  On this site you can find resources to help deepen your understanding of financial issues, deal with major milestones in life, and connect with state and local services to help you make the most of your hard earned money.  Check out the different workshops offered in the Pennsylvania areas as well.


Good Luck and Happy Financial Education Month!




3/18/2010
Jeff Suher
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Mortgage Servicing Company - HomEq - being sued for deceptive practices

Pittsburgh Attorney Jeff Suher has filed a lawsuit against HomEq Servicing Company for deceptive practices and for trying to collect money from a homeowner that was not owed and then threatening foreclosure when the money was not paid. This is a good article if you are in the Pittsburgh area and are having problems with your mortgage servicer.

2/19/2010
Tina M. McElhinny
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Credit Card Issuers already finding ways to "Work Around" the System

Credit Card Reform will be taking effect on Monday, February 22, 2010. Some Credit Cards have already found a way to work around the system. Read this article to see what Congress has in store to solve this problem.

Fair Debt Collection Practices Act for Pennsylvania Consumers

2/18/2010
Tina M. McElhinny
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Investigation in Abuse in Student Debt

College students are doing a study in the student debt industry and debt collection harassment of student loan debt. Answer to this article to help the investigation and contact Attorney Jeff Suher if you have any student debt problems.

2/9/2010
Tina M. McElhinny
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Jeff Suher's Debt Collection Guide for Pennsylvania Consumers

Jeff Suher creates a guide to help educate consumers on common debt collection tactics. All these tactics in this guide are violations of the Fair Debt Collection Practices Act. If you are experiencing any problems with any of these tactics, contact Jeff immediately for a free evaluation of your rights.

2/3/2010
Jeff Suher
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Debt Collector, Mann Bracken Closes Its Doors!

If you owed debt collector, Mann Bracken money or if you have recently been sued by this collector - be aware that they just closed up shop. Attorney Jeff Suher tells you where to go from here.

General

2/2/2010
Jeff Suher
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Deceptive Mortgage Servicing Company Wreaks Havoc in this Family's Life

If your mortgage company is giving you a hard time and possibly going to foreclose on your home, you may need to contact an attorney in your area fast! Don't waste time, it is crucial. In Pennsylvania, contact Jeff Suher.

Fair Debt Collection Practices Act for Pennsylvania Consumers

12/14/2009
Tina M. McElhinny
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Debt Collection Abuse at its worst level - a Wrongful Death Action

Did you ever think that debt collection calls could be this abusive? If your experiencing any level of debt collection harassment, Jeff Suher Can Help!

11/4/2009
Tina M. McElhinny
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Debt Collection Company settles Pennsylvania Class Action for 2.5 million

Debt collection company, American Corrective Counseling Services has agreed to pay $2.55 million to settle a lawsuit brought by thousands of Pennsylvanians who claim they were wrongly led to believe they had to pay costly fees to avoid criminal charges for bouncing checks.

The company sent false and misleading letters purporting to be from various Pennsylvania district attorneys' offices to people who bounced checks.  These letters were threatening in nature, indicating that no criminal actions would be taken if the checks were paid and penalty payments were met.  What a hoax!



11/4/2009
Tina M. McElhinny
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Debt Collection Scam by EMAIL

Debt collection scams by way of email.  Real debt collection companies will NEVER send you a bill via email.  If you do receive one, make sure you keep it and email it to Jeff for his review!  Don't be tricked into a debt collection scam.



10/27/2009
Tina M. McElhinny
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HEAR IT! Listen to a mob-like threatening debt collection call

Click the link above and listen to this horrible debt collector trying to collect money on an old pay-day loan debt! 

According to the Orlando Sentinel, the collector claimed a Florida consumer, owed money on an old payday loan — a loan she said was paid long ago — and that if she didn't come up with $1,600, he would file criminal charges against her.  Allegedly, the debt collector identified himself as a detective and claimed warrants were being drawn up.

Remember, Debt collectors are PROHIBITED FROM:

-  Pretending to be law enforcement officers;

-  Threatening violence or bodily harm;

-  Using profane, vulgar or abusive language; and

-  Threatening a consumer with jail time.

If you are a Pennsylvania consumer who is being attacked by a debt collector, put a STOP to the harassment by contacting Jeff.


10/12/2009
Tina M. McElhinny
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Attorney Debt Collector Loses for Renting out His Letterhead

The only thing worse than getting a letter from a collection agency, is getting a collection letter from an attorney.  Even if the letter says nothing about being sued.  A consumer will, most likely assume that a lawsuit is "on its way", since an attorney sent the letter.

Consumers can and do get sued a lot for outstanding debt.  However, this is not always the case.  Sometimes collection lawyers have no intent on suing the consumer. Could these letters sometimes be used just to scare the consumer into paying off his or her debt?  Absolutely.  If the debt collector is not having any luck collecting on debts, the company will hire an attorney or lawfirm to try and collect on the debts.

However, the New York collection firm, Upton Cohen & Slamowitz was recently found to have violated  federal consumer protection laws by failing to conduct a meaningful investigation of an underlying debt.  According to Forbes, the Judge said that lawfirms such as these are merely renting out their letterhead without reviewing case files or conducting investigations.  This can evidenced by things like the use of computer-generated form letters, facsimile signatures and a high volume of notices processed.   In one day this firm issued at least 211 debt collection notices, and a total of 3,000 that same month.  Damages against this lawfirm have not yet been decided.

If you are receiving debt collection letters from an attorney or a lawfirm - make sure you do your own investigation.  At the very least, contact Jeff or a consumer attorney in your area to review your debt collection letter.


10/12/2009
Tina M. McElhinny
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A Debt Collector hounds a man to death, widow files a lawsuit

A Florida widow claims that a debt collection company hounded her husband to death by calling multiple times per days over the years, verbally abusing him and leaving harassing telephone messages on their answering machine.

Lawsuits against debt collection companies alleging illegal practices for violating the FDCPA are common, however this may be the first ever wrongful death suit filed against a collection company.

The debt collection company denies that the collection calls could have led to this man's untimely death and is looking forward to defending this matter in court.



8/28/2009
Tina M. McElhinny
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Crack Down on Abusive Debt Collectors

Debt collectors are continuing to go to extreme measures to collect on consumer debts.  The FTC had over 45,000 complaints about debt collection harassment just in the first 6 months of this year!

Some of these agencies will open up shop with a PO Box (no physical address), make tons of really abusive calls, make as much money as they possibly can by scaring and harassing consumers, close up shop (before they get sued or caught) and take off!!!

That is why it is very important to learn your rights and understand when debt collectors violate the law under the FDCPA.     When this happens, take a stand and fight back before another collection agency packs up his shop and runs with your money.



General

8/7/2009
Tina M. McElhinny
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Student Loan Rehabilitation Guide

Many consumers all over the world experience trouble paying back their student loans and sometimes end up in default.  However, many consumers do not know that there are options for repayment of their government student loans.

One of the most popular and effective option is called the Rehabilitation Program.   Jeff put together a quick consumer informational guide for those interested in the Rehabilitation Program, which includes the basic provisions under the Family Federal Educational Loan Program.

Student loans in default are one of the most devastating entries one could have on their credit report.  Therefore, it is very important to try and remedy the situation.  Unlike other negative entries that fall off after the 7 year itch, government student loans are not one of them. 

Check out the guide and other resources.  As always, please contact Jeff should you have any questions.



7/27/2009
Tina M. McElhinny
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More breaking news on the lawsuit against NAF - Arbitration Reform!

 Wow - breaking news.  Only a couple of weeks ago, Minnesota Attorney General Swanson filed suit against the National Arbitration Forum for failing to disclose to consumers its close ties with the credit card industry and the nation's leading debt collection agency 

Six days later this company voluntarily exited the consumer-debt business COMPLETELY.   The company agreed to stop arbitrations involving credit cards, consumer loans, utilities, telecommunications, health care and consumer leases.

Another Arbitration company, the AAA (American Arbitration Association) widely used announced that it had stopped handling consumer debt arbitrations this past June

Most credit card agreements that uphold the pre-dispute arbitration clauses specify the arbitrations will be performed by either NAF or AAA.  With both of these companies out of business with consumer debt cases, many of these claims will now floor the conciliation court or state District Court.  Both companies heard nearly 214,000 cases a year.

7/15/2009
Tina M. McElhinny
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Lawsuit filed against the National Arbitration Forum - if you own a credit card this is life-changing!

Everyone I know owns a credit card.  However, I do not think that everyone who owns a credit card is aware of what is really found deep in its fine print of the consumer agreement.  Would you be surprised to find out that you may have forfeited your right to have a credit card dispute resolved by a judge or jury?  Would you be surprised to find out that many agreements often require that disputes are resolved exclusively through a private system of binding arbitration, frequently through the National Arbitration Forum?

How about this one:

Did you know that this Forum is represented to the public, courts and consumers that it is an independent, and impartial court system and is not affiliated with any party.  However, this may not really be the case.  I’m sure that you are not aware that this Forum works alongside creditors and behind the scenes AGAINST the interest of consumers.

Here’s just one more quick one for you:

I guarantee that you were not privy to the fact that the Forum is financially affiliated with a New York hedge fund group that actually owns one of country’s major debt collection enterprises!!

Luckily the Attorney General of Minnesota filed a lawsuit, the first one of its kind, against the National Arbitration Forum.  This may be the beginning of the end to credit card companies sneaky little tricks and hidden agendas in their consumer agreements.  If you own a credit card, we urge you to read this complaint, it could be life-changing to some consumers.

 



7/6/2009
Tina M. McElhinny
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Pennsylvania joins Operation Short Change

Unfortunately this spiraling downturn in America's economy has brought out the worst in people and made greedy people even greedier. New companies are sprouting out everywhere claiming they can help you "get rich quick" or work from home earning thousands of dollars in extra income a month.

Fortunately for Pennsylvania Consumers, our state has joined Operation Short Change, which is a new law enforcement sweep started by the Department of Justice and the FTC to stop companies from dooping consumers.

Pennsylvania can report any scam attempts to the Pennsylvania Attorney General's Office.  Reporting this fraudulent and deceptive practices can be your part in helping to turn the economy back around.


7/2/2009
Tina M. McElhinny
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Chase credit-card holders beware of rate increases

As lawmakers worked out credit card reform legislation earlier this year, card issuers argued that tough restrictions would make credit costlier for consumers. Now that tough reform has been signed into law by President Barack Obama, some lenders are making good on those threats.

A Pennsylvania consumer just received notice that her Chase credit card's minimum monthly payment would increase from 2 to 5 % of her total balance.  Unfortunately, for this consumer she is carrying around a $35,000 credit card debt with Chase.  This means that her monthly payment will skyrocket from $700 to almost $1700 a month.

Chase's explanation for this hike was stated as  "due to the poor economy and the legislation that's been passed, Chase needs to recoup its funds, and will only be applying this increase to select accounts who continuously carry balances".

As a heads up, The Financial Times reported on Wednesday that Citibank is raising rates on millions of its customers in exactly the way the new legislation is supposed to prohibit.





Fair Debt Collection Practices Act for Pennsylvania Consumers

6/8/2009
Tina M. McElhinny
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Debt collectors will stop at nothing to get paid

According to the Huffington Post, a debt collection company is giving out a fake address leading consumers to a public library.  It is unfortunate for this library, because they are receiving endless letters and paperwork from attorneys and consumers regarding debt collection issues.  But, why in the world would a debt collector want to give out a fake address?

This same debt collector contacted a consumer and stated that he was a police officer and was coming to arrest him for fraud if he did not give him money right away for an outstanding internet payday loan.  When this consumer's attorney attempted to contact this company to straighten out this situation, his attempts also ended up in this Tompkins County Public Library.

With the economy down and consumers finding it difficult to pay bills, debt collectors will lie, cheat, harass and stop at nothing to get paid.  Obviously in these situations, the collectors are just looking for as much "fast cash" as possible before getting caught up in a whirl-wind of trouble for collecting debts in a manner which is considered against the law.

General

5/20/2009
Tina M. McElhinny
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Pass the Credit Card Act NOW!!!!

The Senate recently passed a credit card reform 90 to 5!  Now a strong bill is heading to the House of Representatives.

The new credit card bill will help consumers by:
    * Moves up the Fed’s effective date
    * Restricts all interest rate increases during the first year
    * Restricts interest rate increases on existing balances
    * Increases notice for rate increase on future purchases
    * Preserves the ability to pay off on the old terms
    * Places limits on fees and penalty interest
    * Requires fair application of payments
    * Requires issuers to consider consumer’s ability to pay
    * Prevents deceptive marketing of credit reports
    * Provides sensible due dates and time to pay
    * Protects young consumers
    * Restricts issuance fees on fee harvester cards
    * Requires enhanced disclosures
    * Establishes gift card protections
 
The banks are doing everything thing they can to prevent these reforms from becoming law.  If you want to help eliminate some of the tactics that credit card companies are using, you can help!  All you have to do is take action by emailing your representative to vote YES to enforce new credit card laws.  But hurry, this bill heads back to the House for a final vote this week!


5/15/2009
Tina M. McElhinny
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Even the President thinks "Enough is Enough, on Credit Card Tactics" Just read it for yourself!

Well, when the President of the United States is trying to pass legislation and speaking out about credit card tactics - you know, enough is enough.

We have been saying for years, "Make sure you READ the fine print".  Credit card companies are famous for sticking in huge penalty fees, here, there, and everywhere.  Most consumers are not aware of this until it happens to them.

Some credit card companies still include the universal default clause in its fine print.  However, some companies have done away with it.  But the ones who did away with it just found other ways to include high rate hikes for just one late payment or an over-the-limit fee.

Now, I understand that many Americans are defaulting on their debt, and that's why these companies claim the need to raise rates.  One of the causes of this economic crisis was that too many people were living beyond their means with mortgages they couldn't afford, buying things they couldn't pay for, maxing out on credit cards that they couldn't pay down.  And in the last decade, Americans' credit card debt has increased by 25 percent. Nearly half of all Americans carry a balance on their cards, and those who do have an average balance over $7,000.

I'm sure we all understand all of this.  But the President is right, enough is enough.  It is time we stop the vicious cycle.   The credit card companies need to step up and make some changes to help out the economy.  Remember,  two wrongs never make a right.


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Do you Know What's on Your Credit Report? How to obtain a free report and file disputes...

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