don't fret southern,the humanoid who posted above you is wrong in every way.it is not up to the consumer to prove they owe the debt.the FDCPA doesn't work that way.that is what makes a bottomfeedeing humanoid haven of CA.next post like that will be dealt with.as for GD,great info my friend.this legit CA is going down.mark my words.

Arbitration awards across the country may be set aside
by Sylvia Hsieh
Dolan Media Newswires
July 24, 2009
In a stunning turn of events, the kingpin of consumer debt arbitration, the National Arbitration Forum,(Asset Acceptance works with the NAF) has been knocked out of the consumer debt business amidst allegations of consumer fraud, throwing into jeopardy hundreds of thousands of arbitration awards.
That it all happened faster than an average consumer can decipher his or her credit card agreement only added to the drama.
Click here to read a related article: “Where will all the arbitration go?”
On July 14, Minnesota Attorney General Lori Swanson filed a complaint against the National Arbitration Forum (NAF), alleging that it had concealed its financial ties to the largest debt collection agency and worked behind the scenes with creditors against the interests of consumers.
Five days later, NAF agreed as part of a consent decree that it would cease consumer debt arbitration by July 24.
The ink was barely dry on the settlement when the American Arbitration Association announced on July 22 that it too would be getting out of debt collection arbitration until it can develop standards of practice.
Consumer lawyers reacted swiftly.
“Tons of consumer lawyers are investigating lawsuits right now,” said Paul Bland, staff attorney with Public Justice in Washington, D.C. and co-author of Consumer Arbitration Agreements.
NAF handled an estimated 200,000 arbitrations per year, according to the Attorney General’s complaint.
Dan Edelman, a consumer rights attorney with Edelman, Combs, Latturner & Goodwin in Chicago, has already filed the first class action against credit giant MBNA/FIA and the debt collection law firm Mann Bracken, alleged to have financial ties to NAF, seeking to set aside thousands of arbitration awards and judgments entered against Illinois consumers since 2007.
Bland expects more to be filed soon.
Lawyers handling individual consumer debt cases are also planning to use the recent revelations to get judgments overturned and sue for damages.
NAF spokesperson Christina Doucet released a statement citing “increasing challenges to arbitration on all fronts” and “mounting legal costs” as reasons for its sudden exit from the consumer arbitration arena.
The company did not admit liability in the consent decree.
Meanwhile, on July 22 a Congressional subcommittee heard testimony on the issue.
Swanson testified that her investigation found that debt collection claims were routinely steered to arbitrators who regularly ruled in favor of debt collectors.
“There is tremendous pressure on arbitration companies” to rule in favor of creditors, she said. “It’s a very lucrative, profitable business. Companies know that if an arbitration company isn’t friendly to corporate litigants, they’ll take their business elsewhere.”
Michael Kelly, Chief Operating Officer of NAF, testified that the firm’s practice of marketing its services to debt collectors doesn’t mean its arbitrators are biased.
“We don’t shy away from saying that we do market our services,” Kelly said. “The majority of the clients are debt collectors, and we market that - [or] I should say we did.”
He said that if mandatory arbitration for consumer contracts was not available, consumers would be harmed because they would be forced to deal with complicated rules in civil court.
Lawmakers introduced the Arbitration Fairness Act of 2009 in the House (H.R. 1020) and Senate (S. 931) earlier this year. The bill would prohibit pre-dispute mandatory binding arbitration in most contracts, but the measure has not advanced out of committee in either house of Congress.
‘Complex web’
Even to veteran consumer lawyers, the Attorney General’s complaint was a shocker.
“It’s huge. It’s incredible,” said Santa Fe, N.M. attorney Richard Rubin, emeritus chair of the National Association of Consumer Advocates.
“I was shocked to find out who owned the NAF,” said Bland.
The complaint mapped out a “complex web” which boiled down to a cozy financial relationship: the arbitration services of NAF and sister organizations as well as the debt collection services of the law firm Mann Bracken and other companies have all been owned by the same New York hedge fund since 2007.
The complaint alleged that the NAF violated state consumer fraud, deceptive trade practices and false advertising statutes through “complex and opaque corporate structuring” that concealed its financial ties and represented itself as a neutral party.
“Consumers also do not know that - despite representing to the public that it has ‘no relationship with any party’ and does not ‘counsel our users’ - [NAF] works closely with creditors behind the scenes,” the complaint said.
It further alleged that the NAF encouraged creditors to file arbitration claims, helped creditors draft arbitration clauses and sometimes collection claims against consumers, and referred creditors to debt collection law firms, including Mann Bracken, which then filed arbitration claims before the NAF.
Swanson announced at the time of the consent decree that other state attorneys general have contacted her.
The city of San Francisco is also litigating a suit it filed last year claiming that NAF ran an “arbitration mill” that was biased against consumers and that MBNA/FIA forced consumers into a “sham” process, failed to provide proper notice and collected amounts they were not entitled to under state law.
‘Tainted’ judgments
The consent decree does not address what will happen to the massive number of arbitration awards issued by NAF over the years.
“Literally hundreds of thousands of consumers have NAF awards entered against them - tons of them way past the statue of limitations, many of them with junk fees and illegal interest, some of them against victims of identity theft - that are now severely tainted by the news that the same people prosecuting the cases owned a large part of the firm that picked the judges,” charged Bland.
Aurora Harris, a consumer attorney in Los Angeles who has been challenging the NAF’s rubber stamping procedures and awards based on faulty affidavits and digital signatures from out-of-state lawyers, said that the allegations against NAF will be persuasive in individual cases.
“I can go to judges and attach the [Attorney General’s] complaint and the consent decree to every case. It creates a huge inference,” she said.
“Generally, states allow an attack on a judgment.
Lawyers can also pursue damages under state consumer laws, such as unfair trade practices statutes, and some attorneys are considering RICO charges in federal court, Bland said.

Still can't spell and you are an ass.

why dont all you whiney-asses just pay your frickin bills??? then you wouldnt have to deal with debt collectors.

I never used credit cards for anything, they were just for emergency. When I lost my job my unemployment compensation only went 6 months. Now I had an emergency. I don't qualify for any state assistance programs. I have an expensive medical condition I was born with and have to have insurance. I used my credit card to pay my monthly medical insurance premiums so that it wouldn't be canceled, monthly car insurace premium, gas for the car, car maintenance and food. They only way I was going to get hired was to drive to companies that were hiring and fill out applications and go to interviews. The nearest city is an hour away. I only used the card for necessities. I sold all my personal belongings to pay down some of the credit card debt but then ran out of money. The credit card company said because I wasn't working and didn't have any income, assets or personal property my debt was uncollectable. Several months later Asset Acceptance LLC sent me a letter stating that my debt was assigned to them. Since I don't own anything I use my relative's phone number as my contact number. Asset was calling every day from 8 a.m. to 9 p.m. even though I sent them a letter not to call. Now 3 and 1/2 years later I'm still unemployed but they only call once a month to update my file. So for the debt collectors and people who wrote saying to just pay your debt off, I want an answer how to. I have to be employed first and I can't just walk into a company with a rifle and demand they hire me. I don't have a money tree growing in my yard. I don't sell drugs or do anything illegal for money. This morning I filled out my 865th job application. What more am I supposed to do that's not illegal?

Some of us use credit for business. If we don't pay, it's because the business didn't succeed. Business is harder than sitting on your duff making calls that resemble harrasment in order to get someone to pay so-called credit bills. Who cares what you say? These outrageous penalties defeat the definition of credit. It's supposed to be helpful, not damaging over a misunderstanding or a misplaced letter. They've made it too personal... but I can't take it personal.

The solution may be to get another job if we're trying to compromise. However, you must realize that slow pay is never worth it (now we're using the credit corporations' words against them) -- these relentless collecting crazies lack compassion, and without that, they'll never have the empathy needed to back down from the fight. If something ain't working, I call it over or dead-end. Plan on Heaven, because honest mistakes are a part of life, this credit bullshit isn't.

So, stop calling me, Asset Acceptance. I don't accept you or your stupidity. Shut your mouth, and don't call me at all... I'm expecting more important calls. You know what's truly unfair? Being harassed by clueless individuals. How about this, you're now on MY industry's blacklist, and if you push us too far we will forcibly remove our names from yours!

Asset Care is harrasing me for money they are trying to say I owe for joining a gym in 1994. Yes I did go with a friend for a trial and now there saying I never cancel which I did cancel.If I did not cancel my trial why wait 15yrs to charge me for something Im not responsible for and the interest is over 600.00.Well I'm sorry i wont be paying for something thats not my fault. They were very unprofessional on the phone and wanted there money. So I'm going to call the credit people and let them know whats going on. What can I do?

what state are you in?this is most likely way beyond the SOL.if that is the case send them an FOAD C&D letter.send it certified mail return receipt.

__________________
giving hope to the hopeless,help to the helpless,and hap to the hapless.

my dad keeps getting letters about a bad debt bought from metris by this company. my dad does not owe anyone, any money at all. dad has been dept free for about 25 years. i just can't understand this. wish someone would shed some light

easy asset acceptance throws %^@! to the wall hoping it sticks.send a DV(debt validation) letter.send it certified mail return receipt.that should get this bottomfeeder off his back.

__________________
giving hope to the hopeless,help to the helpless,and hap to the hapless.

Yes, they are the #1 most sued collector in Federal court for FDCPA violations, now at 472! They get another lawsuit against them every 2 or 3 days. Climb aboard and join the party! It's really the only way to stop these collectors - sue them down to the ground!

__________________
FRAUD: RECOGNIZE IT. REPORT IT. STOP IT.
Rip-off companies - FTC.
Phone harassment by Debt Collectors - FCC.
Banking issues, like ACH problems - OCC.

I hate dealing with these crooks! Assett Acceptance has been hurting my husband's credit and mine for a debt that we have PROOF has been paid (by the originator of the loan)! They need to be policed, people need to pay their debts and I do, asset acceptance and other supposed collection agencies are the scum of the earth!

Yes I agree. The FTC is waking up - they have filed a lot of lawsuits in August but not too many debt collectors just yet. This scam should be at the top of the list, I tell you.

You will likely have to sue them in Federal court for violating your rights due to the fraudulent reporting of debt.

__________________
FRAUD: RECOGNIZE IT. REPORT IT. STOP IT.
Rip-off companies - FTC.
Phone harassment by Debt Collectors - FCC.
Banking issues, like ACH problems - OCC.

Be professional and edit your typing - use spell check. Run away sentances are annoying. Poor grammer is nauseating. Yes, I pay my bills - type slow - but pay my bills. Trust me. Your message will be much more effective if you pay attention to these details. I notice there is an "ABC" check available in these post areas.

lololol

__________________
CLICK HERE To join my Social group, The Payday-Loan-Free Advocates!

Online Complaints Ohio Attorney General
Online complaints: Federal Trade Commission.
Ohio Payday Loan Laws
CLICK HERE to find a Creditor

runaway sentence,runaway sentence.also runaway meatball,runaway meatball.

__________________
giving hope to the hopeless,help to the helpless,and hap to the hapless.