Debt Defense

Since 1965, Rosen & Rosen has been fighting against various types of businesses and insurance companies, seeking justice for our clients.  Our philosophy of focusing on serving our clients first and allowing everything else to follow from there, allows us to aggressively represent people sued by credit card companies, debt collectors and those whose rights, under various federal and state consumer protection statutes, have been violated.

We have designed this site to be a source of information for those who are being pursued by another for the collection of a debt.  We want to inform you of all the various ways the Florida and Federal government have created protections for you and the ways in which we can use those statutes to serve you!

Securitization

Similar to the rush to profit seen in the mortgage market, where mortgages were bought and sold at a frantic pace enabling Wall Street and its players to make obscene profits all at the expense of our economy, stability and future, all types of other debt accounts are often handled the exact same way. Credit cards, home, boat, and motorcycle loans and anything that is intended to have a steady payment stream can be “securitized” or packaged into a Wall Street entity/security, and then shares of stock in that security are sold to the large pension funds and other investors. The problem for Wall Street and our economy is that during this rush to profit, it seems that very little, if any, of the proper paperwork was done to legally transfer this debt from one entity to another. So when you sign an agreement with one bank, yet many years later are sued by some completely different entity, who either doesn’t have the documents to prove its right to collect on that debt or in some instance fraudulently recreates that paperwork, you know have very powerful defenses to the collection of that debt. Rosen & Rosen has been successfully representing people in the defense of credit cards, motor vehicle loans and all other types of consumer credit transactions. In some cases creditors have quickly folded on their pursuit, probably only so they can focus on those unrepresented easier collection cases. You can see an example of a securitization process on the chart here to see just how complicated these transactions are. Those multiple levels of transfers and strict timeline requirements create opportunities for us to successfully defend your case. Call us now so we can further explain this approach and how we can use it to serve you!

Federal Fair Debt Collection Practices Act (FDCPA)

This act was created to prevent “abusive” practices by debt collectors.  Examples of abusive and other prohibited practices, as well as how you can recover actual and “statutory” damages are explained in great detail on this page.

Florida’s Consumer Collection Practice Act (FCCPA)

Very similar to the Federal Act, this state legislation also provides a way for you to recover actual and “statutory” damages but it provides even greater protections for Floridian’s in several ways. We explain this act and the differences in great detail on our FCCPA page.

Fair Credit Reporting Act (FCRA) and Fair and Accurate Credit Transactions Act (FACTA)

FCRA is a federal statute which was amended several times.  One of which, was in 2003 by the Fair and Accurate Credit Transactions Act.  This body of laws regulates credit reporting agencies and those companies who report information to them.  While it provides a broad range of protections which we can use to defend you in a collection action, it is also very powerful for the numerous ways it allows us to protect your privacy, identity, credit report and credit score.

Florida’s Deceptive and Unfair Trade Practices Act (FDUTPA)

Florida’s creation of a body of law which overlaps with the Federal Trade Commission Act to give you stronger protection against deceptive or unfair business practices or competitive methods.  However, one key difference is under Florida’s law is that you have a private right to sue anyone who violates this law for your actual damages, plus attorney’s fees and costs.

If you or anyone you know is being pursued by a debt collector or creditor and have any questions about how to protect yourself and fight back, please contact us today!  Let the lawyers and staff at Rosen & Rosen serve you.

We are a debt relief agency.  In addition to other legal services, we help clients file for bankruptcy relief under the Bankruptcy Code.

Debt Defense
Fair Credit Reporting Act (FCRA) & Fair and Accurate Credit Transactions Act (FACTA)
Florida Consumer Collection Practices Act (FCCPA)
Fair Debt Collection Practice Act (FDCPA)
Florida’s Deceptive and Unfair Trade Practices Act (FDUTPA)