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Articles Posted in Consumer Protection

For many years we have helped people buy, sell, and refinance real estate, defend against foreclosure, obtain a fresh start through bankruptcy, and fight improper debt collection. As part of this last practice area, we have litigated against several health care providers, debt collectors, and lawyers who seek to illegally back bill or “balance bill” patients for workers’ comp-related medical treatment. These entities have made some ridiculous arguments as to why they should not be liable for illegally seeking to collect a debt—from someone they know does not owe any money—even though there are state and federal laws that prohibits them from doing that. (See Florida’s Workers’ Compensation Act, Florida’s Consumer Collection Practices Act, and the federal Fair Debt Collection Practices Act.)

One of the more recent overly-aggressive and misleading arguments being made is that medical debt is not personal debt. The claim is that it’s business/commercial debt. And since the debt collection practices acts only apply to personal debt, health care providers and their debt collectors argue that they can illegally seek money from injured workers, with impunity. I won’t try to articulate the argument further. It is completely misleading. (Actually, it’s B.S.)

Here’s a copy of a recent (and successful) response we filed on this issue: 2021-02-22 Response to Motion to Dismiss. And here’s a copy of my outline from the hearing on the health care provider’s motion to dismiss our lawsuit: 2021-03-04 ER’s Hearing Notes on MTD. After losing their motion to dismiss, this particular health care provider and their lawyers rolled over and agreed to have judgment entered against the provider: 2021-04-24 Agreed Final Judgment. We later settled the outstanding fees and costs owed.

Check out the recently released February 2021 Miami-Dade, Broward, and Palm Beach Real Estate Reports. Due to listing data being uploaded sometimes weeks after a transaction closes, these reports are often a month behind. The delay is required to make sure the reports are as accurate as possible.

Knowledge is power and here is the latest:

February 2021 Miami-Dade-County Single Family Homes Summary

If you or anyone you know needs help defending against foreclosure, fighting improper debt collection, obtaining a fresh start in bankruptcy, or buying, selling, or refinancing real estate, please contact us at 855-55-ROSEN or info@evanmrosen.com. Let the Law Offices of Evan M. Rosen serve you!

After returning from court on January 21, 2021, Evan recorded this video:

If you or anyone you know needs help defending against foreclosure, fighting improper debt collection, obtaining a fresh start in bankruptcy, or buying, selling, or refinancing real estate, please contact us at 855-55-ROSEN or info@evanmrosen.com. Let the Law Offices of Evan M. Rosen serve you!

Check out the recently released November 2020 Miami-Dade, Broward, and Palm Beach Real Estate Reports. Due to listing data being uploaded sometimes weeks after a transaction closes, these reports are often a month behind. The delay is required to make sure the reports are as accurate as possible.

In summary, we are seeing increases in sales activity and prices across the board in South Florida. Inventory (supply) is also dropping.

Knowledge is power and here is the latest:

Check out the newly released Third Quarter 2020 Miami-Dade, Broward, and Palm Beach Real Estate Report here: 2020-Q3-South Florida Market Report

We help people defend against foreclosure, fight improper debt collection, obtain a fresh start in bankruptcy, and buy, sell, and refinance real estate. Let Law Offices of Evan M. Rosen, P.A. serve you!

 

Many companies are breaking the law and you could be entitled to recover money when they do.

According to a body of federal law designed to protect consumers, lenders, and our entire banking system, a printed credit or debit card receipt provided at the point of sale/transaction cannot show any portion of the expiration date of your card nor can it show more than the last five digits of your card number. This includes ATM receipts. But it does not apply to handwritten or e-mailed receipts, nor does it apply to those that contain an imprint or copy of the actual card.

If you don’t keep receipts, please start paying attention to any receipt provided to you at the point of sale/transaction and let us know if you find one that violates the law.

The Coronavirus Aid, Relief, and Economic Security Act or “CARES Act” became law on March 27, 2020. Out of 335 pages, just over one page pertains to owners of single-family homes, townhouses, and condos. About a page and a half pertains to people who own and rent multi-family investment properties. And, there is about a page and a half on evictions. The great majority of the Act addresses unemployment, medical issues, and appropriation of funds to various government agencies. There is also a sizable section on $500,000,000,000 in loans, guarantees, and investments that the Treasury Secretary gets to dole out.

I’ve posted the applicable sections below but first, here is my summary of the key points for homeowners and tenants:

  • All of the protections apply only to properties that have “Federally backed mortgage loans.”

In addition to running Westlaw.com, a premier legal research service, Thompson Reuters also publishes Super Lawyers. As stated on SuperLawyers.com:

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The patented selection process includes independent research, peer nominations and peer evaluations.

Super Lawyers Magazine features the list and profiles of selected attorneys and is distributed to attorneys in the state or region and the ABA-accredited law school libraries. Super Lawyers is also published as a special section in leading city and regional magazines across the country. Lawyers are selected to a Super Lawyers list in all 50 states and Washington, D.C.

On or about March 13, 2009, our client, Mr. Julian Garvin, was called to active duty by the United States Army for one year, to begin on March 22, 2009. On March 26, 2009, he informed his mortgage servicer, JPMorgan Chase Bank, N.A., that he had been called to serve. Mr. Garvin provided a copy of his deployment order and asked them to reduce his interest rate, as required by federal law. No such adjustments were made. While on active duty, and for 11 months after his return, Mr. Garvin continued to make his full monthly payments. Then, at the peak of the crisis, he was unable to continue to pay.

On November 14, 2012, ALS-RVC, LLC, the entity claiming the right to foreclose, filed suit. The case went to trial and was involuntary dismissed, in part, because of ALS-RVC’s failure to adjust the interest rate as required by the Servicemember Civil Relief Act (SCRA). 50 U.S.C.A §3937. ALS-RVC appeals. In their Initial brief they concede the SCRA “applies to this situation, and [Mr. Garvin’s] loan payments should have been credited with a reduced interest rate during his active duty…” They also concede that “Subsection (e) of 527 is entitled ‘Penalty’ and reads, ‘Whoever knowingly violates subsection (a) shall be fined as provided in title 18, United States Code, imprisoned for not more than one year, or both.’ 50 U.S.C.A § 3937(e).” Yet, rather than trying to make amends for their admitted, jailable offense committed against a member of the United States Army, the bank and their lawyers appeal.

In the 80s, we were introduced to the phrase “trickle down economics.” From what I see in this and so many other cases, the only thing trickling down from Wall Street is fraud, greed, arrogance and a complete disregard for the rule of law.

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