Alabama Injury Attorney Blog

The first product liability jury trial in the Chinese Drywall litigation yields a giant victory for home owners. A Miami, Florida jury returned a $2.4 million dollar verdict for the plaintiffs whose home was ruined by the foul-smelling drywall. We first reported this problem in our previous post entitled: "Defective Chinese Drywall Leads to Corrosion and Health Concerns for Homeowners." This sulfur emitting drywall has been linked to health problems as well as problems with foul odors, corrosion of wiring, piping, computers and jewelry. The jury in this case not only returned a verdict for the cost of the repair, but also for loss of enjoyment of the house and for the likely reduction it in resale value. The outcome of this case, will surely impact the thousands of other Chinese drywall cases

A recent article by the AP notes that over half the Federal Judges in the southern states of Alabama, Florida, Mississippi, Louisiana, and Texas have links to the oil and gas related industries. The article "Many Federal Judges Have Oil Links" raises serious questions about whether a Judge who has an interest in the oil and gas industry should preside over these Oil Spill Claims. Currently there is a fight amongst BP's attorneys and various Plaintiff's attorneys as to which Judge(s) should preside over these cases. The ethics rules on this subject are at best fuzzy. Essentially these rules state that a Judge who has a direct financial interest -owns BP stock-would be disqualified from hearing such a case; however, if they own a mutual fund which has oil stocks as a part of its makeup they do not have to disqualify themselves. The handling of the over 200 filed lawsuits over this disaster may become a little clearer once the U.S. Judicial Panel on Multidistrict Litigation meets next month to hear arguments on consolidation of the oil spill cases.

Huntsville Alabama personal Injury attorney Morris Lilienthal represented our 7 year old client and his mother in this personal injury lawsuit. We first discussed this case in a previous blog post "Huntsville Personal Injury Lawsuit Filed Against Alabama A&M Professor." This lawsuit arose out of an incident where it was alleged that Joseph Lee a professor at Alabama A&M rudely, inappropriately and wrongfully came in contact with our 7 year-old client at a day camp causing the child to suffer physical and emotional injuries.

Since this case involved a minor plaintiff, the settlement had to be approved by the court in what is known as a Pro Ami hearing. At this hearing, the court heard testimony from the minor child and parent to confirm that this settlement was in the best interest of the child and that the parent fully understand the settlement. We are pleased that we were able to reach a fair and just policy limits settlement for our deserving clients.

The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects consumers from harassment and abuse from debt collection agencies. The FDCPA requires debt collectors to validate debts and provides consumers with statutory damages and attorneys' fees for violations. Examples of violations of the FDCPA include:

1. Calling the consumer at work after the debt-collector has been told that it's inconvenient or that the consumer's employer prohibits personal calls.
2. Telling others such as family members, co-workers, and neighbors that the consumer owes money.
3. Continuing to contact the consumer when the debt-collector knows that an attorney represents the consumer.
4. Calling repeatedly, or calling consumers before 8 a.m. or after 9 p.m.
5. Asking neighbors to deliver phone messages to the consumer.
6. Falsely implying that a debt collector is an attorney.
7. Falsely implying that the consumer has committed a crime and could go to jail for not paying a debt.
8. Threatening to seize, garnish, attach, or sell the consumer's property or wages, unless there is already a legal judgment.
9. Sending anything that looks like an official document from a court or government agency, when it isn't.
10. Collecting any amount greater than the actual debt, unless allowed by law.

If you have been harassed, sued by a debt collector or have experienced one of the above examples of violations of the FDCPA, then you may be entitled to money damages.

Continue reading "Consumer Rights Under the FDCPA" »

As Alabama Consumer Rights Attorneys we know how important it is for consumers to check their credit report and verify everything on it. In today's computer age when people are routinely paying bills and making purchases etc... on the internet your identity is more likely to be stolen now more than ever. Set forth below is how any consumer can obtain a yearly free copy of their credit report. Be careful; however, there are many companies out there that say they can get you your free credit report, but what they don't tell you is you have to sign up for a monthly service.

The Fair Credit Reporting Act ("FCRA") is a federal law that provides consumers with rights and remedies. It is important to consumers for credit reporting agencies ("CRAs") to maintain accurate and complete consumer credit records. Consumers have the right to know what is in their file. Consumers are entitled to one free credit report from each of the three nationwide CRAs (Equifax, Experian and Trans Union) once in a 12 month time period. The CRA must provide the consumer with their credit report within fifteen days of receiving the request.

The credit reporting agency may request additional identifying information from the consumer before it sends the credit report, but the CRA may only do so to process the consumer's request, process a simultaneous transaction as requested by the consumer, update the consumer's personal identifier, or comply with any of the other requirements of the FCRA.

A consumer may request all three credit reports in the following ways:

1. Online http://www.annualcreditreport.com
2. By Telephone 1-877-322-8228
3. By Mail: Annual Credit Report Request Service, P.O. Box 105281, Atlanta, GA 30348-5281.

If you have you have been denied credit, employment or insurance because of incorrect information on your credit report, then you may be entitled to money damages.
If you have discovered incorrect information on your credit report and the credit reporting agency has refused to delete or modify the information, then you may be entitled to money damages.

If you have requested a free copy of your credit report once in a twelve month time period, and the credit reporting agency has failed or refused to provide you with your credit report, then you may be entitled to money damages.

Continue reading "How to Obtain Your Free Credit Report " »