ATTORNEY NEWSLETTER
Unfair Practices by Lender
Senior Debtor’s Case Moves Forward
A recent California case[1] illustrates a consumer’s rights against debt collectors using unfair practices when trying to collect on a debt. In the case, an elder homeowner received notice that a mortgage company intended to foreclose on his home. He promptly paid the reinstatement amount but the lender refused to cancel the foreclosure. The senior communicated several more times in writing and over the phone to get the foreclosure cancelled. When he received no response, he sued the lender and debt collection agency alleging violations of the federal Fair Credit Reporting Act (FCRA) and California’s Unfair Competition Law (UCL) and Elder and Dependent Adult Civil Protection Act. The trial court sustained the debt collector’s demurrer to the complaint without leave to amend, which essentially dismissed the case. But the senior consumer appealed and won.
The appellate court reversed the trial court and found that the senior had sufficiently plead most of his case and could amend his complaint to restate any deficient claims properly. This is a victory for consumers. Lenders and debt collectors typically move to dismiss these consumer cases on legal grounds but the appellate court ruling proves that senior consumers may succeed in opposing those tactics. We at Evans Law Firm represent clients harmed as the result of unfair business practices and financial elder abuse and know how best to oppose attempts by defendants to dismiss cases on legal grounds. If you or a loved one is a senior citizen who has been injured by the unfair practices of a debt collector, contact the Evans Law Firm financial elder abuse attorneys at (415) 441-8669 and we can help.
California provides consumer protections in addition to those provided under the FCRA and similar federal consumer protection laws. Allegations of wrongdoing brought under California’s Unfair Competition Law (UCL) may be particularly useful for consumers in their fight against a debt collector’s predatory practices. Under the UCL, consumers may seek relief for “any unlawful, unfair or fraudulent business act or practice.” Bus. & Prof. Code § 17200. “Unlawful” practices include violations of other laws. California courts recognize that “virtually any law or regulation – federal or state, statutory or common law – can serve as [a] predicate for an ‘unlawful’ violation” of the UCL. Candelore v. Tinder, Inc., 19 Cal. App. 4th 1138, 1155 (2018). If you’re a senior, the unfair practices may also constitute financial elder abuse under California law, entitling you to extra damages and an award of attorneys’ fees and costs for bringing your case. Our attorneys litigate cases under the UCL and elder protection laws every day and can help you if you are the target of unfair or abusive practices.
Contact Us
If you are a senior victim of unfair business practices by a lender or debt collection agency, contact Ingrid M. Evans and the other financial elder abuse attorneys at Evans Law Firm at (415) 441-8669, or by email at <a href=”mailto:info@evanslaw.com”>info@evanslaw.com</a>. Our attorneys have experience with complex securities cases, arbitrations, and mediations; and complicated financial contracts and large insurance companies. We can help guide your case through a jury trial or toward an equitable settlement. We also handle cases involving physical and financial elder abuse, other types of qui tam and whistleblower cases, nursing home abuse, whole life insurance and universal life insurance, and indexed, variable, and fixed annuities.
[1] Evans Law Firm was not involved in the case in any way but want to share the consumer’s victory with you.
