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Police Arrest People In India Involved in IRS Scam

Police Arrest People In India Involved in IRS Scam

Police caught more than 700 people in Mumbai, India call centers posing as United States Tax Officials who scammed Americans into paying money for fake tax related debts. At least 70 people have been arrested so far. These calls violate the Telephone Consumer Protection Act (TCPA), which Doucet & Associates Co., L.P.A. helps people enforce.

Authorities estimate the call centers made an average of $150,000 a day, or over $50 million a year. The scammers demanded payments over the phone through money transfer wiring services and gift cards. The Federal Communications Commission (FCC) started the Robocall Strike Force in August to battle unwanted, illegal robocalls such as the IRS scam and to find the source. Consumers who get these calls can receive up to $1500 per call under the TCPA, which Doucet & Associates Co., L.P.A. has extensive experience litigating.

The scam utilized a Voice Over Internet Protocol (VoIP) to make the Indian telephone numbers imitate US numbers. Scammers also received training to learn how to speak in an American accent. First the scammers would introduce themselves and detailing a purpose for the call. Then the scammers harassed victims to make immediate payments and threatened local police forces will get involved when victims refused.

Call centers in India have an unfortunate history of scamming Americans. Scammers have attempted to sell consumers fake virus and malware software and a variety of other computer tech support. Authorities in India also noticed a rise in India based call center scams targeting residents in their own country.

Doucet & Associates Co., L.P.A. are lawyers who can help stop unwanted robocalls, junk faxes and debt collection harassment. Contact us at (614)944-5219 today for assistance.

 

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Truth In Lending Act

Truth In Lending Act

The Truth in Lending Act (TILA) is a federal law legislated on May 29, 1968 under the Consumer Credit Protection Act. The TILA was created to protect consumers involved in contracts with credited purchases with creditors and lenders. Essentially the TILA act enforces loan companies and credit card companies to provide all information regarding interest rates and other fees before a consumer agrees to borrow.

TILA covers open-ended credit and close-ended credit. Open-ended credit includes borrowed funds such as credit cards, debit cards and home equity loans. Examples of close-ended credit include auto loans and home mortgages.  Information regarding terms of an Annual Percentage Rate (APR), the total amount offered in a loan and the frequency of due dates to repay the loan is now obligatory for the loaner to provide to the consumer under this act. The dispense of required information now allows consumers to be aware of contracts, costs of credit and so-called hidden fees. Consumers are also able to be more confident and comfortable agreeing to credit related contracts because they can use the provided information to compare a variety of loans or borrowed money.

Failure of cooperation by a loaner or creditor to provide the required information to the consumer can result in rescission in certain instances. The loan or credit transaction would be disentangled and canceled, and all fees and paid money would be returned back to the consumer in a rescission. Lenders and credit companies are more disposed and willing to provide the required information based on TILA due to the amount of loss which could generated during a rescission.

You can find out more information about the Truth in Lending Act (TILA) regarding home owners and foreclosure by reading 23 Legal Defenses to Foreclosure: How to Beat the Bank by Troy Doucet.

 

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Firm Wins Major Appellate Decision

Firm Wins Major Appellate Decision

Doucet & Associates is happy to announce it won a major case in the federal court of appeals yesterday, paving the way for consumers to be able to hold their mortgage companies accountable for failing to adequately respond to mortgage inquiries.

The firm’s client, Christine Marais, faced years of trouble trying to get her mortgage company to correctly apply her mortgage payments when she sent in more than the amount due.After trying repeatedly to get Chase Home Finance to correctly apply her overpayments, she retained Doucet & Associates in an attempt to hold it accountable.The law firm sent a formal written request to Chase pursuant to the federal law, the Real Estate Settlement Procedures Act (“RESPA”), demanding that Chase provide certain account information and that it correct her mortgage account.

Rather than making any corrections to Ms. Marais’ account in response to the firm’s formal demand, Chase’s representative testified in a deposition that it used a form letter to respond to the inquiry, and that letter contained no indication that any substantive review was undertaken of her account.

Chase Home Finance filed a motion with the trial court to win the case based on its outrageous claim that Ms. Marais could not show she suffered damages.The federal appeals court disagreed with Chase, and found Ms. Marais had properly alleged damages, and that she stated a claim to recover for Chase’s failures.The case now goes back to the trial court for further litigation.

The decision, Marais v. Chase Home Finance, LLC was decided by the United States Court of Appeals for the Sixth Circuit and was recommended for publication as binding law throughout the federal court system encompassing Ohio, Michigan, Kentucky, and Tennessee.To the firm’s knowledge, this would be the first appellate level published case on this particular RESPA issue, meaning it will be persuasive authority throughout the United States.

 

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