ROL_2012-03-01_16k.timecode
[00:00.000 --> 00:05.000] This news brief brought to you by the International Newsnet.
[00:05.000 --> 00:10.000] On the eve of critical meetings between top U.S. and Israeli officials, a new survey finds
[00:10.000 --> 00:16.000] only 19 percent of Israelis favor striking Iran's nuclear facilities without Washington's approval.
[00:16.000 --> 00:21.000] However, the survey conducted by Israel's Dahaf Institute found if Washington gave
[00:21.000 --> 00:26.000] the green light for such an attack, a further 42 percent would favor it.
[00:26.000 --> 00:33.000] Israeli lawmaker Isaac Herzog said Wednesday Syrian opposition leaders have told him they want peace
[00:33.000 --> 00:39.000] with Israel after President Bashar al-Sahd falls. Herzog, who serves on the Foreign Affairs
[00:39.000 --> 00:44.000] and Defense Committee, said the Syrian opposition wants to be friends with Israel.
[00:44.000 --> 00:49.000] He refused to name his sources because he said they feared retribution.
[00:49.000 --> 00:55.000] Japanese scientists said this week they've developed a new weapon capable of rendering someone speechless.
[00:55.000 --> 01:00.000] The speech jammer records and quickly plays back whatever word someone is uttering,
[01:00.000 --> 01:04.000] making it very difficult for the speaker to focus on what words come next.
[01:04.000 --> 01:08.000] The effect is called artificial stuttering.
[01:08.000 --> 01:13.000] A newly WikiLeaks Department of Homeland Security document shows the federal government has kept
[01:13.000 --> 01:20.000] close tabs on the Occupied Wall Street movement. The DHS report is part of a trove of documents
[01:20.000 --> 01:26.000] sold from the private intelligence firm Stratfor, described by Barron's magazine as the quote,
[01:26.000 --> 01:32.000] Shadow CIA. The document confirms reports that Homeland Security helped coordinate the nationwide
[01:32.000 --> 01:35.000] crackdown on the Occupy movement last November.
[01:35.000 --> 01:41.000] Entitled Special Coverage Occupy Wall Street, and dated October 2011, the report reveals
[01:41.000 --> 01:46.000] DHS scoured Occupy-related Twitter feeds to track the movement's activities.
[01:46.000 --> 01:52.000] The report adds, quote, the continued expansion of these protests places an increasingly heavy burden
[01:52.000 --> 01:57.000] on law enforcement to control protesters. Michael Hastings writes in Rolling Stone, quote,
[01:57.000 --> 02:04.000] It's never a good thing to see a government agency talk in secret about the need to control protesters,
[02:04.000 --> 02:10.000] especially when that agency is charged with protecting the homeland against terrorists.
[02:10.000 --> 02:16.000] Two more soldiers were killed by Afghan soldiers Thursday. An Afghan soldier in league with
[02:16.000 --> 02:22.000] an Afghan literacy instructor killed a tower guard and attacks with gunfire and rocket,
[02:22.000 --> 02:26.000] the barracks where U.S. soldiers were sleeping. The attackers were later killed by U.S.
[02:26.000 --> 02:31.000] helicopter fire a mile from the base. The U.S. soldiers' deaths followed the shooting deaths
[02:31.000 --> 02:37.000] of four U.S. soldiers last week and two more in the Afghan Interior Ministry after the
[02:37.000 --> 02:41.000] outbreak of nationwide protests over the burning of Karams at a NATO base.
[02:41.000 --> 02:47.000] Days of protests have ensued claiming the lives of at least 30 Afghans and 8 Americans.
[02:47.000 --> 02:54.000] More details on this story. This is INN4report.net.
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[09:24.000 --> 09:30.760] practices because they were secretly owned by, you guessed it, the debt collectors.
[09:30.760 --> 09:37.140] So we said, look guys, you can't compel us into arbitration because the mandatory required
[09:37.140 --> 09:39.480] arbitration entity is the NAF.
[09:39.480 --> 09:42.280] They no longer exist.
[09:42.280 --> 09:45.800] We are disputing this entire contract anyway.
[09:45.800 --> 09:52.480] But even if the court wants to accept this contract, it's a void contract, it's unenforceable
[09:52.480 --> 09:56.800] because Jerry didn't agree to any other arbitrator other than that one.
[09:56.800 --> 10:01.440] And so the Federal Arbitration Act doesn't apply here at all.
[10:01.440 --> 10:06.840] And so they basically just didn't even respond to that letter.
[10:06.840 --> 10:11.440] And so we filed a motion to compel discovery.
[10:11.440 --> 10:16.680] So then they respond with a motion to compel arbitration.
[10:16.680 --> 10:21.560] And the big court battle ensued over that with all the responses and the replies.
[10:21.560 --> 10:25.580] And I'll get into that a little bit more later because I did want to talk about the case
[10:25.580 --> 10:27.240] law surrounding that issue.
[10:27.240 --> 10:33.840] The courts basically at this point, if there's a mandatory required arbitrator as part of
[10:33.840 --> 10:39.720] the arbitration clause and that arbitrator no longer exists or can't arbitrate for any
[10:39.720 --> 10:44.280] various reasons or refuses to arbitrate, the courts are now saying at both the state and
[10:44.280 --> 10:47.640] the Federal level that that arbitration clause is unenforceable.
[10:47.640 --> 10:49.600] So I do want to discuss some of the case law on that.
[10:49.600 --> 10:52.800] So anyway, I followed the response, I put in all the case law.
[10:52.800 --> 10:59.800] There was a recent Fifth Circuit case where the same issue came up and a federal judge
[10:59.800 --> 11:09.360] in Houston basically denied a motion to compel arbitration in a case very similar to Jerry's.
[11:09.360 --> 11:17.120] And so then, same thing, same arbitrator, the NAF, the language of the clause in that
[11:17.120 --> 11:21.160] case, it was Ranzi, the plaintiff was named Ranzi.
[11:21.160 --> 11:24.800] In the Ranzi case, same thing happened.
[11:24.800 --> 11:28.440] The debt collectors said no, we're going to file a motion to compel, they filed the motion
[11:28.440 --> 11:33.600] to compel, the judge denied the motion to compel for the reasons I just stated above.
[11:33.600 --> 11:40.200] And so then, the Bonehead debt collector files an interlocatory appeal to the Fifth
[11:40.200 --> 11:48.880] Circuit saying no, we dispute this, we want you to reverse this decision and order the
[11:48.880 --> 11:51.040] parties into arbitration.
[11:51.040 --> 11:55.840] And it didn't take but about a week before the Fifth Circuit came back and absolutely
[11:55.840 --> 12:01.960] slammed this debt collector and said we are going to do no such thing, we uphold the decision
[12:01.960 --> 12:06.520] of the Eastern District of Texas.
[12:06.520 --> 12:14.360] So I have controlling case law now from this state basically that says this and I'll go
[12:14.360 --> 12:16.880] over that later and some of these other cases later.
[12:16.880 --> 12:22.760] So anyway, we filed these responses, we filed these replies and then, not only that, then
[12:22.760 --> 12:27.640] these guys come back with another motion, they finally filed a motion to dismiss.
[12:27.640 --> 12:33.800] And this time they say the case needs to be dismissed against the creditor because the
[12:33.800 --> 12:39.760] creditor is in bankruptcy and they are in receivership of the FDIC.
[12:39.760 --> 12:54.480] And pursuant to 12 U.S.C., 1821, 3, Big D, little 2, little D, sorry, little D, 13,
[12:54.480 --> 13:03.800] Big D, double I, it says that any suits brought against that institution or against the receiver,
[13:03.800 --> 13:10.880] which in this case would be the FDIC, has to go through this administrative process with
[13:10.880 --> 13:11.880] the FDIC first.
[13:11.880 --> 13:16.240] You have to file an administrative claim with the FDIC first before you can sue and we're
[13:16.240 --> 13:17.240] like what?
[13:17.240 --> 13:20.720] And so here we go, another curveball.
[13:20.720 --> 13:26.760] So I did a bunch of case law research, well, as it turns out, that's a bunch of Huey too.
[13:26.760 --> 13:34.120] That only applies to creditor claims, i.e., say for example, if the creditor had borrowed
[13:34.120 --> 13:42.600] money from another bank, if Bank A borrows money from Bank B and then Bank A goes into
[13:42.600 --> 13:48.200] bankruptcy and falls into receivership of the federal government, the FDIC, and then
[13:48.200 --> 13:55.120] Bank B wants to sue to get their money that they loaned to Bank A, well then Bank B has
[13:55.120 --> 14:01.080] to file this administrative claim with the FDIC before they can sue Bank A. That's what
[14:01.080 --> 14:03.360] the case law says, the case law that I've found.
[14:03.360 --> 14:06.560] There's some opposing case law, but it doesn't really apply.
[14:06.560 --> 14:11.720] So anyways, I had to do more research to dig up that issue because I'm not a bank, this
[14:11.720 --> 14:15.840] creditor didn't borrow any money from us, this is a tort claim.
[14:15.840 --> 14:18.680] This is damages under FCRA.
[14:18.680 --> 14:22.640] So I'm working through all of this and, you know, digging out, you know, preparing my
[14:22.640 --> 14:23.640] response.
[14:23.640 --> 14:31.080] Eventually, these guys figured that they were host, that this motion to compel arbitration,
[14:31.080 --> 14:35.480] this motion to dismiss wasn't going to fly.
[14:35.480 --> 14:44.320] And so they finally, right as I was about to file the response to the motion to dismiss,
[14:44.320 --> 14:50.000] and I also filed a motion to strike one of their affidavits, by the way, which I'm also
[14:50.000 --> 14:51.640] going to get into.
[14:51.640 --> 14:54.160] That was a pretty devastating move on their part.
[14:54.160 --> 14:59.160] I strongly recommend folks, any of these cases you get involved with, look at the affidavits
[14:59.160 --> 15:02.320] that are filed by your opposing parties.
[15:02.320 --> 15:03.880] You can generally shred them.
[15:03.880 --> 15:10.760] I mean, this guy was testifying under penalty of perjury to facts that he was alleging that
[15:10.760 --> 15:13.000] he had no personal knowledge of whatsoever.
[15:13.000 --> 15:19.240] He was testifying to the existence of documents that he was not a custodian of the records
[15:19.240 --> 15:20.240] of those documents.
[15:20.240 --> 15:21.640] It was from a different country.
[15:21.640 --> 15:26.840] It was an affidavit submitted by the debt collector, and he was testifying the documents
[15:26.840 --> 15:31.160] of the creditor that were held in custodianship of the creditor.
[15:31.160 --> 15:32.160] So anyways, I...
[15:32.160 --> 15:33.800] I say, you say.
[15:33.800 --> 15:35.200] Total hearsay.
[15:35.200 --> 15:42.080] So I filed a very devastating motion to strike this affidavit, and I was just about to file
[15:42.080 --> 15:47.080] the response to their motion to dismiss over this FDIC nonsense, and they finally agreed
[15:47.080 --> 15:50.120] to come to the table, and they offered us a settlement finally.
[15:50.120 --> 15:56.840] And this case was filed last May, and we just signed, and I had to sign it too, because
[15:56.840 --> 16:01.280] I was threatening to add myself on to the suit as a co-plaintiff.
[16:01.280 --> 16:04.960] We were going to amend the pleading, and I was going to be a co-plaintiff because of
[16:04.960 --> 16:09.160] the TCPA stuff, and I think that scared them too.
[16:09.160 --> 16:12.840] So we finally signed the settlement agreement on this past Monday.
[16:12.840 --> 16:16.280] So anyway, this has been going on for more than a year, and I hadn't been discussing
[16:16.280 --> 16:19.480] it on the air because I wanted to wait until the case was over and bring Mike on.
[16:19.480 --> 16:25.080] So that's an overview of the case, and we're going to get more into these issues like the
[16:25.080 --> 16:30.240] bankruptcy and the receivership and the FDIC and the motion to compel arbitration and all
[16:30.240 --> 16:32.240] these things, and the TCPA coming up.
[16:32.240 --> 16:38.000] But I wanted to bring Mike on to basically go over, give us an overview of his course
[16:38.000 --> 16:41.160] and how you can really beat these guys.
[16:41.160 --> 16:46.160] And listen, folks, if we can do it in my case, I know you can do it in your case, because
[16:46.160 --> 16:52.560] this is a very unusual situation with all this arbitration and FDIC and bankruptcy stuff.
[16:52.560 --> 16:56.800] A quick overview, she came, she saw, she kicked air behind.
[16:56.800 --> 17:00.480] All right, we'll be right back, folks.
[17:00.480 --> 17:01.840] America is in trouble.
[17:01.840 --> 17:04.240] Washington is a disgrace.
[17:04.240 --> 17:05.240] Government has become too big.
[17:05.240 --> 17:06.240] It's overtaxing, overspending.
[17:06.240 --> 17:08.240] We need to change direction.
[17:08.240 --> 17:09.240] We really need to change.
[17:09.240 --> 17:12.800] You can't afford to make the same mistakes we've made in the past.
[17:12.800 --> 17:14.800] Mitt Romney's reputation is a flip-flopper.
[17:14.800 --> 17:18.240] He went the other way when he got paid to go the other way.
[17:18.240 --> 17:20.240] There is need for economic stimulus.
[17:20.240 --> 17:22.240] It's about serial hypocrisy.
[17:22.240 --> 17:24.240] This election is about trust.
[17:24.240 --> 17:27.240] There's been one true consistent candidate, and that's Dr. Ron Paul.
[17:27.240 --> 17:30.240] Ron Paul has been so consistent from the very beginning.
[17:30.240 --> 17:32.240] He seems like a more honest caddy.
[17:32.240 --> 17:35.240] He tells the truth about what he believes, whether you like it or not.
[17:35.240 --> 17:40.240] He's never once voted for a tax increase, never once voted for an unbalanced budget.
[17:40.240 --> 17:43.240] Ron Paul's plan is bold, cut five departments.
[17:43.240 --> 17:44.240] It's what we need.
[17:44.240 --> 17:48.240] When he says he's going to cut a trillion dollars in the first year, I believe it.
[17:48.240 --> 17:53.240] If you don't like how things are going and tired of politicians, do something different.
[17:53.240 --> 17:54.240] Ron Paul.
[17:54.240 --> 17:55.240] Ron Paul.
[17:55.240 --> 17:56.240] Ron Paul.
[17:56.240 --> 17:58.240] Ron Paul is the one we've been looking for.
[17:58.240 --> 18:01.240] I'm Ron Paul, and I approve this message.
[18:01.240 --> 18:05.240] Being harassed by debt collectors with phone calls, letters, or even lawsuits,
[18:05.240 --> 18:09.240] stop debt collectors now with the Michael Mirris Proven Method.
[18:09.240 --> 18:13.240] Michael Mirris has won six cases in federal court against debt collectors,
[18:13.240 --> 18:15.240] and now you can win two.
[18:15.240 --> 18:19.240] You'll get step-by-step instructions in plain English on how to win in court
[18:19.240 --> 18:21.240] using federal civil rights statutes.
[18:21.240 --> 18:25.240] What to do when contacted by phones, mail, or court summons.
[18:25.240 --> 18:27.240] How to answer letters and phone calls.
[18:27.240 --> 18:29.240] How to get debt collectors out of your credit reports.
[18:29.240 --> 18:34.240] How to turn the financial tables on them and make them pay you to go away.
[18:34.240 --> 18:38.240] The Michael Mirris Proven Method is the solution for how to stop debt collectors.
[18:38.240 --> 18:41.240] Personal consultation is available as well.
[18:41.240 --> 18:44.240] For more information, please visit ruleoflawradio.com
[18:44.240 --> 18:49.240] and click on the blue Michael Mirris banner, or email Michaelmirris at yahoo.com.
[18:49.240 --> 18:57.240] That's ruleoflawradio.com, or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com.
[18:57.240 --> 19:00.240] To learn how to stop debt collectors next.
[19:27.240 --> 19:36.240] Okay, folks, we are back.
[19:36.240 --> 19:42.240] And we are here with a very special guest, Mr. Michael Mirris.
[19:42.240 --> 19:47.240] He has personally won six cases in federal court,
[19:47.240 --> 19:53.240] suing these guys, suing the debt collectors, suing the creditors, suing the credit bureaus.
[19:53.240 --> 19:59.240] And again, I was almost going to say, if I can do it, anyone can.
[19:59.240 --> 20:03.240] And anyway, it's true. I mean, but I did have a very difficult case.
[20:03.240 --> 20:09.240] I kind of picked the hardest case to cut my teeth on because it was a very sizable card.
[20:09.240 --> 20:14.240] I don't want to say the amount, but it wasn't just, you know, a couple thousand bucks.
[20:14.240 --> 20:18.240] And so they were fighting pretty hard because it was such a sizable card.
[20:18.240 --> 20:22.240] They never sued Jerry, though, to collect, probably because they were in bankruptcy.
[20:22.240 --> 20:25.240] But at any rate, it was a sizable card.
[20:25.240 --> 20:30.240] There were some unusual issues at stake concerning this arbitration clause,
[20:30.240 --> 20:34.240] which Mike says these guys don't even do that anymore.
[20:34.240 --> 20:39.240] And I can tell you why they don't do it anymore because they mainly,
[20:39.240 --> 20:44.240] in all of these arbitration clauses that used to be included as part of card agreements,
[20:44.240 --> 20:49.240] there were mandatory, required designated arbitrators.
[20:49.240 --> 20:53.240] They were usually one of two, or either or.
[20:53.240 --> 20:57.240] The NAF, the National Arbitration Forum, or the American Arbitration Association,
[20:57.240 --> 21:01.240] I think it was, the AAA, will neither one of them are arbitrating anymore.
[21:01.240 --> 21:05.240] They both got shut down because of fraudulent business practices.
[21:05.240 --> 21:07.240] And so now, because the debt collectors owned them,
[21:07.240 --> 21:10.240] and so now the debt collectors in these credit card companies,
[21:10.240 --> 21:14.240] they don't even bother with the arbitration clause anymore because it was a scam.
[21:14.240 --> 21:19.240] It was a big scam to railroad customers, consumers into arbitration
[21:19.240 --> 21:21.240] because they control the arbitration.
[21:21.240 --> 21:25.240] So anyway, they don't bother with this anymore, but this was an old card.
[21:25.240 --> 21:29.240] So I am going to discuss a little bit more in depth about how I dealt with this.
[21:29.240 --> 21:32.240] And then, of course, the FDIC issue, which was unusual.
[21:32.240 --> 21:38.240] So I feel that, you know, if somebody like me can take a case like this,
[21:38.240 --> 21:45.240] first round, first time doing something like this,
[21:45.240 --> 21:49.240] and to deal with issues as difficult as this, and we still win the case,
[21:49.240 --> 21:53.240] I put full faith into Mike Mears here.
[21:53.240 --> 21:55.240] This method really does work.
[21:55.240 --> 21:59.240] So, Mike, why don't you just kind of go over how this whole thing works,
[21:59.240 --> 22:03.240] and there's been some recent victories from some of your other clients you're going to tell us about.
[22:03.240 --> 22:06.240] Oh, yeah, this doesn't stop.
[22:06.240 --> 22:09.240] But, you know, the first thing I want to say, Deborah, is, you know,
[22:09.240 --> 22:12.240] I'm not an attorney and I'm not giving anybody legal advice.
[22:12.240 --> 22:14.240] I want to make that perfectly clear.
[22:14.240 --> 22:20.240] This is for my own experience and in working with people and learning the process
[22:20.240 --> 22:25.240] and teaching people and coaching and that kind of stuff.
[22:25.240 --> 22:30.240] But, you know, even in some of my own personal cases, you know,
[22:30.240 --> 22:33.240] I've been asked a few times if I'd go on to law school.
[22:33.240 --> 22:36.240] No, I have a degree, but it's not in law.
[22:36.240 --> 22:43.240] And, you know, my attitude is I've had attorneys ask me,
[22:43.240 --> 22:45.240] are you going to law school, sir?
[22:45.240 --> 22:46.240] No.
[22:46.240 --> 22:48.240] Did Abraham Lincoln go to law school?
[22:48.240 --> 22:52.240] Oh.
[22:52.240 --> 22:58.240] And you would be shocked if you just went to Google and just put this in.
[22:58.240 --> 23:02.240] How many famous attorneys did not go to law school?
[23:02.240 --> 23:09.240] Wait till you see the chief justices of the United States that didn't go to law school.
[23:09.240 --> 23:10.240] Why?
[23:10.240 --> 23:13.240] You can't because you didn't go to law school means you can't read a book.
[23:13.240 --> 23:14.240] Is that what that means?
[23:14.240 --> 23:15.240] Okay.
[23:15.240 --> 23:16.240] Anyhow, I'll get off that subject.
[23:16.240 --> 23:22.240] But, you know, we deal with two federal laws primarily with this stuff and the third one.
[23:22.240 --> 23:27.240] But the two key ones are the Fair Credit Reporting Act and the Dead Collection Practices Act.
[23:27.240 --> 23:32.240] And these laws have been around for a number of years.
[23:32.240 --> 23:34.240] They're pretty easy to read.
[23:34.240 --> 23:36.240] It's just people read them and, okay, I read them.
[23:36.240 --> 23:37.240] I got a lot of protection.
[23:37.240 --> 23:38.240] Now what do I do?
[23:38.240 --> 23:43.240] It's going from reading that and then going into a federal court and filing a case.
[23:43.240 --> 23:47.240] Now, understand a federal court, it's very laid back.
[23:47.240 --> 23:49.240] It's not like a local court.
[23:49.240 --> 23:56.240] You don't go through the stuff in federal court that you do when you're being pulled into a local court where the judge is sitting here,
[23:56.240 --> 24:00.240] pounding the gavel and pointing at you and asking you all these questions.
[24:00.240 --> 24:02.240] You don't go through that federal court.
[24:02.240 --> 24:04.240] Absolutely not.
[24:04.240 --> 24:06.240] You go to federal court essentially on the front end.
[24:06.240 --> 24:09.240] You're preparing for trial, essentially.
[24:09.240 --> 24:11.240] You may have a conference.
[24:11.240 --> 24:13.240] It's a business conference with the judge.
[24:13.240 --> 24:15.240] You go to Rule 16 conference.
[24:15.240 --> 24:17.240] Deborah's been through one of them.
[24:17.240 --> 24:25.240] And you go in and you discuss the case and the judge decides whether he's going to go to 20.
[24:25.240 --> 24:26.240] Right.
[24:26.240 --> 24:34.240] All we had to go through, the only court hearing that we had to deal with, there was one court hearing and it was a conference hearing,
[24:34.240 --> 24:37.240] like Mike said, for a scheduling order.
[24:37.240 --> 24:47.240] It was the first pre-trial scheduling order so that basically we could just lay out the timeline for the case of when this and that was going to be due,
[24:47.240 --> 24:53.240] when there was a deadline for all amended pleadings to come in, things like this.
[24:53.240 --> 24:56.240] Oh, it looks like we dropped Mike.
[24:56.240 --> 24:58.240] Let me try to get him back here.
[24:58.240 --> 25:07.240] There was a deadline for amended pleadings and in fact that was, I think that was what tipped these guys over the edge here,
[25:07.240 --> 25:15.240] was the fact that I was threatening to add myself on as a co-plaintiff over the TCPA.
[25:15.240 --> 25:22.240] And there was no way that these guys were going to get out of my claim because it wasn't my card.
[25:22.240 --> 25:30.240] I didn't sign anything with them because that was one thing that they were trying to tell Jerry from a long time ago was that,
[25:30.240 --> 25:39.240] well, he doesn't have a TCPA claim because he signed, as part of the card agreement, he signed to accept robo-calls.
[25:39.240 --> 25:48.240] And so we wrote him back and said, well, number one, we deny that that is a valid contract or that Jerry ever agreed to that.
[25:48.240 --> 25:52.240] Number two, Deborah sure as heck never agreed to that and guess what?
[25:52.240 --> 25:55.240] It was her phone that got called 140 times.
[25:55.240 --> 25:58.240] So what do you guys think about that?
[25:58.240 --> 26:03.240] So anyway, there was just that one conference hearing and it was very simple.
[26:03.240 --> 26:10.240] It took about a half an hour and the attorney, actually it was crazy because the attorney didn't show up.
[26:10.240 --> 26:14.240] The attorney for the other side didn't show up to the conference hearing.
[26:14.240 --> 26:22.240] And so they had to call him and the judge was basically yelling at the attorney on the speakerphone in the court hearing saying,
[26:22.240 --> 26:30.240] in this district, Mr. Attorney, you don't just assume that you can make an appearance by telephone.
[26:30.240 --> 26:35.240] If you want to make an appearance by telephone, you need to make prior arrangements with the court first.
[26:35.240 --> 26:42.240] So now let's get it on and basically we just laid out the timeline of the case and it was over.
[26:42.240 --> 26:44.240] That was the only hearing that we had to attend.
[26:44.240 --> 26:46.240] So anyway, go ahead, Mike, we got you back.
[26:46.240 --> 26:53.240] Yeah, and I mean you went in there and you weren't, you know, they didn't swear you in or anything like that.
[26:53.240 --> 26:58.240] And the judge didn't bang the gavel and point his finger at you or nothing like that, right?
[26:58.240 --> 26:59.240] It was very professional.
[26:59.240 --> 27:00.240] No, of course not.
[27:00.240 --> 27:01.240] Of course not.
[27:01.240 --> 27:08.240] In fact, the judge seemed very annoyed at the attorneys and very accommodating towards us.
[27:08.240 --> 27:13.240] Well, that's a good thing. When that happened, I told you that's a good thing because they killed the judge you off
[27:13.240 --> 27:16.240] and you're disrespecting a federal court judge.
[27:16.240 --> 27:17.240] Come on.
[27:17.240 --> 27:19.240] I don't care who you are.
[27:19.240 --> 27:20.240] Show a little respect.
[27:20.240 --> 27:22.240] It gets you a lot of leverage.
[27:22.240 --> 27:24.240] Okay, it's that simple.
[27:24.240 --> 27:28.240] Okay, but you know, it's an interesting process.
[27:28.240 --> 27:30.240] The heck learning curve.
[27:30.240 --> 27:36.240] I always say about 90, 95% of this stuff is copying and pasting.
[27:36.240 --> 27:41.240] It's a little bit done before the lawyers copy and paste in case you didn't know.
[27:41.240 --> 27:52.240] You know, they don't write all this stuff up, believe me, or they have a paralegal who's copying and pasting it, putting it into motions and pleadings and so on and so forth.
[27:52.240 --> 27:55.240] But it's a very interesting process.
[27:55.240 --> 27:56.240] Go ahead.
[27:56.240 --> 27:59.240] Now you're getting into my expertise.
[27:59.240 --> 28:00.240] Yeah.
[28:00.240 --> 28:02.240] I'm the professional plagiarist here.
[28:02.240 --> 28:11.240] Copying and pasting? Yeah, well, that's one of the things I ask people when they come to me and they want to, and I kind of qualify them a little bit.
[28:11.240 --> 28:14.240] I says, you know, there's a lot of paper pushing.
[28:14.240 --> 28:16.240] How's your copying and pasting skills?
[28:16.240 --> 28:20.240] And a lot of people say to me, wow, Mike, I'm an expert at copying and pasting.
[28:20.240 --> 28:22.240] I says, well, that's that's half the battle right there.
[28:22.240 --> 28:27.240] And how about can you put, you know, paragraph numbers on paragraphs?
[28:27.240 --> 28:38.240] Oh, yeah, I know how to do that, or I'll figure it out, but yeah, that's that's probably about 90% of the process is pushing papers with this stuff and and just be able to copy and paste.
[28:38.240 --> 28:42.240] But the point is with FCRA and TCPA doesn't involve the debt.
[28:42.240 --> 28:48.240] This is this is the hardest thing I've had to teach people is, you know, they come to me.
[28:48.240 --> 28:52.240] I reneged on his credit, not his credit card, you know, I owe the money.
[28:52.240 --> 28:53.240] I say, okay, that's okay.
[28:53.240 --> 28:56.240] It has nothing to do with it.
[28:56.240 --> 28:57.240] What do you mean?
[28:57.240 --> 28:59.240] I said it has nothing to do with it.
[28:59.240 --> 29:09.240] These laws, the Fair Credit and the Debt Collection Practices Act are what these creditors and debt collectors are supposed to do when they're challenged under the law.
[29:09.240 --> 29:11.240] And what is a challenge?
[29:11.240 --> 29:15.240] You dispute information in your credit report.
[29:15.240 --> 29:28.240] I'm willing to bet if I have triple A credit and if I went with my credit report, I'm willing to bet if I looked at one credit card, there'd be three different balances on the credit card and three different credit reports.
[29:28.240 --> 29:32.240] So the question is, is that erroneous and inaccurate information?
[29:32.240 --> 29:34.240] Which one is right?
[29:34.240 --> 29:39.240] And you have a right under the law under the Fair Credit Reporting Act to challenge them.
[29:39.240 --> 29:42.240] Say, hey, I dispute that information that you're reporting in there.
[29:42.240 --> 29:43.240] It's not right.
[29:43.240 --> 29:46.240] They, in turn, must do an investigation.
[29:46.240 --> 29:49.240] And a lot of times they don't.
[29:49.240 --> 29:53.240] And they need to keep counting disputes.
[29:53.240 --> 29:57.240] And they have to show you now that it's your account.
[29:57.240 --> 29:59.240] Alright, we'll be right back, folks.
[29:59.240 --> 30:00.240] Yep.
[30:00.240 --> 30:01.240] A noble lie.
[30:01.240 --> 30:06.240] Oklahoma City, 1995 will change forever the way you look at the true nature of terrorism.
[30:06.240 --> 30:10.240] Based on the damage pattern to the building, but the government seems impossible.
[30:10.240 --> 30:14.240] The grand jury did not want to hear anything I had to say.
[30:14.240 --> 30:17.240] The decision was made not to pursue any more of those individuals.
[30:17.240 --> 30:22.240] Some of these columns were ripped up, shredded, tossed around.
[30:22.240 --> 30:26.240] The people that did the things they did knew doggone well what they were doing.
[30:26.240 --> 30:30.240] Expose the cover up now at anoblelive.com.
[30:32.240 --> 30:33.240] Ouch.
[30:33.240 --> 30:36.240] That's how consumers are reacting after being victimized by PINs.
[30:36.240 --> 30:40.240] No, not sewing PINs. We're talking about debit card PIN numbers.
[30:40.240 --> 30:42.240] But the result is still quite painful.
[30:42.240 --> 31:11.240] I'm Dr. Catherine Albrecht, and I'll be back with a prickly tale in just a moment.
[31:12.240 --> 31:15.240] Start Over with Start Page.
[31:43.240 --> 31:48.240] The moral? Using debit and credit cards can be risky business.
[31:48.240 --> 31:50.240] The most secure form of payment is cash.
[31:50.240 --> 31:52.240] I'm Dr. Catherine Albrecht.
[31:52.240 --> 31:55.240] More news and information at CatherineAlbrecht.com.
[31:55.240 --> 31:57.240] I'm Dr. Catherine Albrecht.
[31:57.240 --> 32:26.240] I'm Dr. Catherine Albrecht.
[32:27.240 --> 32:29.240] I'm Dr. Catherine Albrecht.
[32:29.240 --> 32:31.240] I'm Dr. Catherine Albrecht.
[32:31.240 --> 32:32.240] I'm Dr. Catherine Albrecht.
[32:32.240 --> 32:38.600] has to do with violations, civil rights violations of the Fair Credit Reporting Act and the
[32:38.600 --> 32:45.000] Debt Collections Practices Act and of course the Telephone Consumer Protection Act sometimes
[32:45.000 --> 32:46.000] as well.
[32:46.000 --> 32:47.480] So, go ahead, Mike.
[32:47.480 --> 32:48.480] Please continue.
[32:48.480 --> 32:49.480] No.
[32:49.480 --> 32:53.520] So, you know, that's one of the hardest things is people getting their mind off the debt.
[32:53.520 --> 32:59.840] It's what the creditor and or the debt collector is supposed to do when they're challenged
[32:59.840 --> 33:06.360] under the law and they very seldom do it because my humble opinion is that they have an attitude.
[33:06.360 --> 33:09.080] We're a big multi-billion-dollar company.
[33:09.080 --> 33:10.080] What are you going to do to us?
[33:10.080 --> 33:11.560] You're nothing but a little consumer.
[33:11.560 --> 33:13.080] What are you going to do to us?
[33:13.080 --> 33:18.680] That's their attitude, okay, but and, you know, I don't see anything changing.
[33:18.680 --> 33:23.320] It's just, you know, constantly big corporation, right-hand doesn't know what the left hand
[33:23.320 --> 33:29.400] is doing and I can go on about that, but the point is, is once you learn this and
[33:29.400 --> 33:34.120] invoke your rights under the law, when you go into court, you're actually taken in under
[33:34.120 --> 33:38.920] civil rights violation because they violated your civil rights by not following the law.
[33:38.920 --> 33:44.720] And I'll give you a simple example, you know, and everybody I think knows this, if you get
[33:44.720 --> 33:50.920] arrested by a policeman, what's the first thing they have to do after they tell you
[33:50.920 --> 33:55.240] they're going to arrest you?
[33:55.240 --> 34:01.280] They have to read you your Miranda rights, your Miranda rights.
[34:01.280 --> 34:03.400] You have a right to remain silent.
[34:03.400 --> 34:07.440] Anything you say can be held against you in a court of law, etc., you have a right to
[34:07.440 --> 34:10.040] an attorney, all that stuff.
[34:10.040 --> 34:15.040] And I always ask people, what happens if they arrest you and they don't read you your Miranda
[34:15.040 --> 34:16.040] rights?
[34:16.040 --> 34:19.800] And most people will say to me, well, wow, they can't do anything.
[34:19.800 --> 34:20.800] I say, exactly.
[34:20.800 --> 34:22.280] The case is thrown out.
[34:22.280 --> 34:28.160] They violated your civil rights because they didn't follow the law.
[34:28.160 --> 34:32.480] And it's the same thing with this stuff, the fair credit and debt collection.
[34:32.480 --> 34:36.120] They don't follow the law, you're going to be able to prove it.
[34:36.120 --> 34:40.680] They violated your civil rights, and that's what we bring these cases in, in federal court.
[34:40.680 --> 34:42.760] Civil rights violation.
[34:42.760 --> 34:44.280] Guys didn't follow the law.
[34:44.280 --> 34:48.120] I challenged them, they didn't do what they're supposed to do, subsequently they violated
[34:48.120 --> 34:51.560] my civil rights by not following the law.
[34:51.560 --> 34:57.520] And the big question I always ask is, people might say, oh gee, I never thought about that.
[34:57.520 --> 35:01.640] Yeah, well, the big question is, is do they want to go there to find out?
[35:01.640 --> 35:03.320] Always demand trial by jury.
[35:03.320 --> 35:07.800] Can you imagine a debt collector up in front of a jury trial?
[35:07.800 --> 35:11.400] And I always kid about this, I say this all the time.
[35:11.400 --> 35:17.240] You know the 12 people on a jury that ain't got credit reports, you know them 12 people?
[35:17.240 --> 35:18.240] How about the judge?
[35:18.240 --> 35:20.560] You think the judge has got a credit report?
[35:20.560 --> 35:27.680] Do you think maybe somebody on that jury may have had a little incident with the credit
[35:27.680 --> 35:31.920] bureaus or a creditor at some time in their life, or they had a relative or friend or
[35:31.920 --> 35:37.840] brother, sister, cousin, mother, father, son, daughter that may have had an issue with a
[35:37.840 --> 35:42.760] debt collector or the credit bureau or the creditors and has heard the hard stories?
[35:42.760 --> 35:48.160] And now they're on the jury and they got one of them in front of them.
[35:48.160 --> 35:52.480] I have never seen one of these cases go to trial yet.
[35:52.480 --> 35:56.480] I've been involved with this for quite a few years.
[35:56.480 --> 35:59.200] I've never seen it happen.
[35:59.200 --> 36:05.560] I have a very good, excuse me, consumer law attorney that I know very well.
[36:05.560 --> 36:08.760] He's one of the top ones in the country.
[36:08.760 --> 36:12.640] And I had fortunate many years ago that he helped me with a case.
[36:12.640 --> 36:18.120] He would fake the case because he only handles class action suits against the credit bureau.
[36:18.120 --> 36:23.080] My case is too small, excuse me.
[36:23.080 --> 36:28.720] And he told me, he says, Mike, the words for that is, the legalese words for that is why
[36:28.720 --> 36:35.120] they don't want to go in front of that jury is you cannot find an unbiased jury.
[36:35.120 --> 36:37.120] They all got credit reports.
[36:37.120 --> 36:39.480] Everybody's got a credit report.
[36:39.480 --> 36:43.720] And now you're faking one of these guys in front of that jury.
[36:43.720 --> 36:50.720] And that's why they try so hard to pull these kinds of shenanigans if they think they can
[36:50.720 --> 36:57.240] like filing a motion to compel arbitration or saying or filing a motion to dismiss saying,
[36:57.240 --> 37:03.720] no, you have to go through the administrative claims process or the FDIC because they know
[37:03.720 --> 37:08.240] that they're not going to be able to get, they're not going to get anywhere in front
[37:08.240 --> 37:09.240] of a jury.
[37:09.240 --> 37:11.800] And they probably won't get anywhere in front of the judge either.
[37:11.800 --> 37:16.600] Yeah, it's, you know, the point is these laws have been on the books for a lot of years.
[37:16.600 --> 37:20.720] There's thousands and thousands of cases have been adjudicated on this stuff.
[37:20.720 --> 37:26.680] And I have a very simple saying, if it works and it ain't broken, don't try and fix it.
[37:26.680 --> 37:29.160] Okay, just follow the procedure.
[37:29.160 --> 37:30.160] Okay.
[37:30.160 --> 37:33.720] As I say, you spend very little time in that courtroom.
[37:33.720 --> 37:38.800] When you file your case, you talk to the clerk of the court, you don't see any judge.
[37:38.800 --> 37:43.640] I had a gentleman a few years, a couple of years ago, he filed a case, he's up in North
[37:43.640 --> 37:49.680] Carolina somewhere, and he wasn't paying attention and they never respond to the complaint.
[37:49.680 --> 37:55.080] Well, the rules are is that they must respond to the complaint within 21 days.
[37:55.080 --> 38:00.480] And if the defendant doesn't respond to the complaint in 21 days, guess what?
[38:00.480 --> 38:04.880] You can move the court for default judgment, which is very simple, simple paper pushing
[38:04.880 --> 38:05.880] again.
[38:05.880 --> 38:11.240] Well, this guy contacted me and he says, I got a default judgment on my case against
[38:11.240 --> 38:12.240] the creditor.
[38:12.240 --> 38:13.240] I says, really?
[38:13.240 --> 38:19.720] I says, well, I says, you know what, as soon as they find out about that, they're going
[38:19.720 --> 38:26.080] to come back and do a bunch of BS and come in and say they weren't properly served or
[38:26.080 --> 38:27.080] something like that.
[38:27.080 --> 38:35.160] He says, oh, no, Mike, he says, I filed in form of Pauperous as a court person.
[38:35.160 --> 38:42.040] And when that happens, the judges have these little boys and girls working for them.
[38:42.040 --> 38:48.600] They have heard of them called the U.S. Marshals and they serve the summons on the defendant
[38:48.600 --> 38:52.720] and go ahead and tell the U.S. Marshals they don't know what they're doing.
[38:52.720 --> 38:54.200] I dare you.
[38:54.200 --> 38:55.200] Okay?
[38:55.200 --> 39:02.280] So, anyhow, the guy got $180,000 default judgment and, oh, brother, two, three months
[39:02.280 --> 39:09.480] later, a lawyer finally comes out and, oh, he was going around and around and anyhow,
[39:09.480 --> 39:11.880] they finally settled and they paid the guy to go away.
[39:11.880 --> 39:16.520] I don't know how much you got of it, but you just don't know what's going to happen.
[39:16.520 --> 39:19.320] You just don't know what's going to happen in these cases.
[39:19.320 --> 39:26.920] This guy got very lucky, but we knew what to do when that happened and he got what he
[39:26.920 --> 39:27.920] needed.
[39:27.920 --> 39:33.880] Yeah, then there was also another case where, Mike, I believe you're saying sometimes these
[39:33.880 --> 39:39.800] situations start where people are getting sued by a debt collector or a creditor.
[39:39.800 --> 39:44.640] And you had a client who the whole thing started because they were getting sued by
[39:44.640 --> 39:45.640] a debt collector.
[39:45.640 --> 39:46.640] Well, guess what?
[39:46.640 --> 39:56.440] This attorney was claiming to represent this creditor and he wasn't and he got busted
[39:56.440 --> 40:01.720] and even the creditor submitted some kind of affidavits saying, we're not suing this
[40:01.720 --> 40:02.720] guy.
[40:02.720 --> 40:10.720] We don't even know who this attorney is and this guy nearly lost his bar card.
[40:10.720 --> 40:13.120] He nearly got disbarred and sanctioned by this judge.
[40:13.120 --> 40:17.000] In fact, what happened to this attorney anyway?
[40:17.000 --> 40:23.680] Well, you know, my guy let after him and, you know, we got the case solved in the local
[40:23.680 --> 40:27.560] court to push the trial, but they still got a judgment on him.
[40:27.560 --> 40:32.200] But that gave him time to get the federal case going and he sued the debt collector
[40:32.200 --> 40:37.640] attorney as one of the defendants, the bank as the others, the co-defendant, and then
[40:37.640 --> 40:43.920] the distributor of the debts, the company that was involved, this up in the Northwest.
[40:43.920 --> 40:50.000] And this guy went after him and he's just like you, Deborah, and he listens to a lot.
[40:50.000 --> 40:56.840] He tells me, he says, I put my MP player on in the car and I listened to all your recordings
[40:56.840 --> 40:59.840] from rule of law radio.
[40:59.840 --> 41:05.000] So, he's a real popular fan.
[41:05.000 --> 41:10.080] His first name is Larry and he and I have become pretty good friends over the past couple
[41:10.080 --> 41:11.080] of years.
[41:11.080 --> 41:17.080] We've been working with him and anyhow, long story short, when he filed the case, the creditor
[41:17.080 --> 41:20.000] came back and said, whoa, whoa, whoa, we got nothing to do with this.
[41:20.000 --> 41:22.360] We wrote this account off and we sold it.
[41:22.360 --> 41:23.360] Oh, really?
[41:23.360 --> 41:27.920] Then why Mr. Debt Collector, when you sued me in the local court, did you invoke the name
[41:27.920 --> 41:31.680] of the bank as the plaintiff in the case?
[41:31.680 --> 41:36.120] Wow, folks, you don't know the turmoil that caused that.
[41:36.120 --> 41:43.080] Even the local judge re-opened the case and it was one of what things is going on.
[41:43.080 --> 41:49.720] Really, the day before that attorney had a show up in that courtroom, they settled with
[41:49.720 --> 41:59.280] my guy and the judgment was vacated in the local court and that judge, my guy went down
[41:59.280 --> 42:01.280] there to the hearing.
[42:01.280 --> 42:06.320] He didn't have to go but he wanted to go and he went with two friends of his.
[42:06.320 --> 42:11.880] One of his friends has known the judge for 25 years and his local court judge just kept
[42:11.880 --> 42:19.800] asking my guy about the federal case, the federal case, the federal case.
[42:19.800 --> 42:25.360] Finally it got vacated, the judge made the order, and my guy and his buddy are walking
[42:25.360 --> 42:31.840] out and my guy turned to his friend and he says, what was up with the judge just asking
[42:31.840 --> 42:35.160] me about the federal case?
[42:35.160 --> 42:41.120] The guy that's known the judge for 25 years, he says, Larry, he says the judge was trying
[42:41.120 --> 42:48.800] to figure out how you went there but, and I use the other word in federal court, so
[42:48.800 --> 42:52.400] folks, you just don't know where this stuff is going to go.
[42:52.400 --> 42:58.960] The judgment, I guess the sleazeball attorney decided to make a settlement and vacate the
[42:58.960 --> 43:04.560] judgment that basically he got by fraud because he wasn't really representing this creditor
[43:04.560 --> 43:11.520] after all, well, just because he decided to vacate his own judgment, did this attorney
[43:11.520 --> 43:15.800] suffer any consequences from this local judge or no?
[43:15.800 --> 43:20.560] The local judge, see, this attorney, it was a three hour drive from the courthouse and
[43:20.560 --> 43:24.680] he wanted to attend by phone and the judge told him, no, you come into my courtroom,
[43:24.680 --> 43:31.600] well, yeah, he wants some jurisdiction, okay, but before all that happened, they settled
[43:31.600 --> 43:37.320] and then the judge allowed him to call in and was asking a bunch of questions, but the
[43:37.320 --> 43:41.640] guys that were with my guy said the judge wanted some answers to this stuff because
[43:41.640 --> 43:47.880] he don't ever want to see a case like this in a court, he's going to ask for a question.
[43:47.880 --> 43:52.960] So my guy, I think they reached an agreement, he agreed, wouldn't file a complaint, I'm
[43:52.960 --> 43:53.960] not sure if...
[43:53.960 --> 43:56.960] Okay, all right, well, listen, we're going to break, we'll be right back folks.
[43:56.960 --> 44:02.240] Yeah, go ahead.
[44:02.240 --> 44:06.440] The Oakland City bombing, top 10 reasons to question the official story.
[44:06.440 --> 44:10.200] Reason number two, why was the ATF AWOL?
[44:10.200 --> 44:14.800] Paramedic Tiffany Bible, who's on the scene within five minutes, has stated in an affidavit
[44:14.800 --> 44:19.000] that agents of the Bureau of Alcohol, Tobacco and Firearms told her that they were not in
[44:19.000 --> 44:20.000] the opposite mind.
[44:20.000 --> 44:25.000] D&T Catherine Mallet also overheard one agent say to another, close, is that why we got
[44:25.000 --> 44:27.720] the page to not come in today, end quote.
[44:27.720 --> 44:32.560] Through Shaw's interview on KFOR TVs, it was also told by ATF agents that they had been
[44:32.560 --> 44:34.960] paid to not come in to work.
[44:34.960 --> 44:39.520] The ATF initially denied these claims, and now variously claim that one of their agents
[44:39.520 --> 44:43.160] was in a free falling elevator which has been disproven, or that they had been in an all
[44:43.160 --> 44:46.640] night stick out, or that they had been at a golf tournament.
[44:46.640 --> 44:51.400] As they try to sort out their lives, all we want to know is, did the ATF receive a warning,
[44:51.400 --> 44:56.400] and if so, why did they not pass it on to others and immemorials?
[44:56.400 --> 45:22.400] For more information go to okcfoundandtruth.com.
[45:22.400 --> 45:48.400] For more information go to www.okcfoundandtruth.com or call us at www.okcfoundandtruth.com.
[45:48.400 --> 46:17.400] For more information go to www.okcfoundandtruth.com or call us at www.okcfoundandtruth.com.
[46:17.400 --> 46:23.400] Okay folks, this is the rule of law streaming on the Logos radio network.
[46:23.400 --> 46:26.400] Randy Kelton, Eddie Craig, I'm Deborah Stevens.
[46:26.400 --> 46:33.400] We're here with Mr. Mike Mirris, someone who has become a good friend of ours over the last few years.
[46:33.400 --> 46:35.400] He's been on the show several times.
[46:35.400 --> 46:39.400] He helped me with a case recently, one of Jerry's cases.
[46:39.400 --> 46:40.400] Very difficult case.
[46:40.400 --> 46:42.400] I overviewed the case earlier.
[46:42.400 --> 46:44.400] We're going to get into some more details a little bit later.
[46:44.400 --> 46:48.400] But we've just been kind of laying the groundwork here for you folks,
[46:48.400 --> 46:52.400] just so that you all can see the kind of shenanigans that go on sometimes.
[46:52.400 --> 46:55.400] You get these attorneys that claim they're representing a creditor.
[46:55.400 --> 46:56.400] They're really not.
[46:56.400 --> 47:01.400] I mean, this guy came within a hair's breadth of probably even getting thrown in jail.
[47:01.400 --> 47:03.400] I mean, this sort of thing is illegal activity.
[47:03.400 --> 47:08.400] He could have lost his license, lost his bar card, been sanctioned.
[47:08.400 --> 47:11.400] This judge could have totally sent him up the river.
[47:11.400 --> 47:17.400] He managed to score him out of it at the last second by agreeing to vacate the judgment and this sort of thing.
[47:17.400 --> 47:26.400] You know, you get other situations where you get these debt collector attorneys that are trying to collect past the statute of limitations in a certain state.
[47:26.400 --> 47:34.400] And so these are all things that you need to look at when you're facing these issues, when these collectors are coming after you.
[47:34.400 --> 47:36.400] Has the statute of limitations runs out?
[47:36.400 --> 47:39.400] If so, oh, you can sue them for that too.
[47:39.400 --> 47:48.400] So there's all kinds of remedies, even if you have had a judgment against you, you know, like a state or county court,
[47:48.400 --> 47:58.400] you can get these judgments overturned and vacated as part of the settlement agreement for your federal case.
[47:58.400 --> 48:00.400] It all has to do with the federal case.
[48:00.400 --> 48:08.400] You sue these guys for violations of civil rights under the FCRA, the DCPA, the TCPA, if applicable.
[48:08.400 --> 48:16.400] And then you get to make the terms for the settlement agreement and that includes dropping a state case against you.
[48:16.400 --> 48:23.400] If they're pursuing a case, if they've sued you in the state court or vacating a judgment, if they've gotten a judgment against you,
[48:23.400 --> 48:32.400] all these kinds of things can be dealt with clearing up your credit report all by the simple procedures.
[48:32.400 --> 48:39.400] And I wouldn't say it's super easy all the time, you know, folks, you still have to be willing to put some work into this.
[48:39.400 --> 48:48.400] I mean, I had to put a considerable amount of work into my case because of these other off-the-wall issues that arose.
[48:48.400 --> 48:50.400] And so you have to be willing to do research.
[48:50.400 --> 48:53.400] You have to have a subscription to PACER.
[48:53.400 --> 49:00.400] You need to be able to do research on these guys, like say, for example, look up how many times they've been sued already,
[49:00.400 --> 49:02.400] okay, and for the same reasons.
[49:02.400 --> 49:09.400] And this is a good thing to do anyway because you can copy and paste and plagiarize pleadings from other people's cases,
[49:09.400 --> 49:13.400] from when other people have sued these same entities.
[49:13.400 --> 49:19.400] And like you see how many times they dropped the case because they've reached a settlement.
[49:19.400 --> 49:25.400] And in fact, I know, man, these attorneys, these guys don't do a darn thing for a living, okay.
[49:25.400 --> 49:32.400] I'm telling you right now that defend these debt collectors and creditors, they know eventually they're going to have to offer a settlement.
[49:32.400 --> 49:43.400] And so, you know, the contract they send us is a form, okay, that they use when they finally decide they're going to come to the table for all of these situations
[49:43.400 --> 49:45.400] and then they just fill in the blanks.
[49:45.400 --> 49:48.400] I mean, literally that's what it comes down to.
[49:48.400 --> 49:56.400] But basically the point is you still have to do some work sometimes, but most of it is copying and pasting and there is a formula to it.
[49:56.400 --> 49:57.400] Thank goodness.
[49:57.400 --> 49:59.400] So, Mike, why don't you just kind of lay out the procedure.
[49:59.400 --> 50:01.400] You have to send letters and stuff like that.
[50:01.400 --> 50:04.400] You have to set up the lawsuit before you file it.
[50:04.400 --> 50:05.400] Right.
[50:05.400 --> 50:11.400] The dispute letter with the creditor and you validate with the debt collector, there is a difference.
[50:11.400 --> 50:18.400] The courses that are offered there on the website have all that information in it.
[50:18.400 --> 50:20.400] It's all in writing.
[50:20.400 --> 50:23.400] My procedure is pretty simple.
[50:23.400 --> 50:26.400] Most folks get the courses, read them, okay.
[50:26.400 --> 50:28.400] They're in plain, simple English.
[50:28.400 --> 50:30.400] There's not a lot of legalese in it.
[50:30.400 --> 50:37.400] And it takes you essentially through the whole process, how to start, how to do a dispute letter, how to do a validation letter.
[50:37.400 --> 50:44.400] There's actual cases in there that have been copied out and pasted in so you can see what a complaint looks like.
[50:44.400 --> 50:49.400] And the process of filing in federal court, the forms are there.
[50:49.400 --> 50:59.400] But the big thing is, you know, I have links set up in the courses that allow you to hook up with UScourts.gov.
[50:59.400 --> 51:00.400] Oh, wow.
[51:00.400 --> 51:01.400] This is online.
[51:01.400 --> 51:02.400] Yeah, it is.
[51:02.400 --> 51:07.400] You can get all the forms there, too, and fill them out online and print them out.
[51:07.400 --> 51:11.400] They come out like you went to law school for 20 years, okay, to come out beautiful.
[51:11.400 --> 51:12.400] It's all there.
[51:12.400 --> 51:14.400] It's just learning how to do it.
[51:14.400 --> 51:16.400] That's what the process is, you know.
[51:16.400 --> 51:22.400] It's like learning math or, you know, how to read.
[51:22.400 --> 51:25.400] I don't even know how to compare it, but it's a learning process.
[51:25.400 --> 51:28.400] And once you learn it, nobody can take it away from you.
[51:28.400 --> 51:30.400] That's the beauty of this thing.
[51:30.400 --> 51:36.400] But the courses have all that information in there, the necessary civil cover sheet you need to fill out.
[51:36.400 --> 51:39.400] Summons is what they look like.
[51:39.400 --> 51:42.400] And again, you can get all this on the US government website.
[51:42.400 --> 51:49.400] You can fill it out on the website, the PDF form, print it out, and it comes out like you went to law school for 20 years.
[51:49.400 --> 51:50.400] Okay.
[51:50.400 --> 51:52.400] So it explains all that.
[51:52.400 --> 51:56.400] And also it gives people a chance to understand what they're getting into.
[51:56.400 --> 52:01.400] Surprisingly enough, sometimes people get the courses and send out a validation letter.
[52:01.400 --> 52:05.400] I had a guy a few months ago up in the northeast.
[52:05.400 --> 52:09.400] He got the courses and he was being bombarded with debt collectors.
[52:09.400 --> 52:13.400] And all of a sudden, we sent him out the validation letters and they were calling away.
[52:13.400 --> 52:15.400] They were reading between the lines.
[52:15.400 --> 52:16.400] This guy knows something.
[52:16.400 --> 52:18.400] We better not mess with him.
[52:18.400 --> 52:24.400] We'll go find somebody who doesn't know anything that we can just drag right into the local court and see the heck out.
[52:24.400 --> 52:33.400] But they went away and he contacted me via email and he says, hey, Mike, give me a call.
[52:33.400 --> 52:34.400] And I gave him a call.
[52:34.400 --> 52:35.400] Yeah, what's up?
[52:35.400 --> 52:39.400] He says, well, this one debt collector was chasing me.
[52:39.400 --> 52:47.400] And I sent him the validation letter and they sent me back a letter saying, oh, we're not going to be bothering you anymore on that, though.
[52:47.400 --> 52:51.400] We're going to return this to the creditor.
[52:51.400 --> 52:55.400] He says, Mike, so how do I get a fine out of him?
[52:55.400 --> 52:58.400] I said, well, you got that answer right in your hand.
[52:58.400 --> 53:02.400] He says, well, I'm a little confused.
[53:02.400 --> 53:03.400] What do you mean?
[53:03.400 --> 53:06.400] I said, well, did they just say they returned it to the creditor?
[53:06.400 --> 53:07.400] He says, yeah.
[53:07.400 --> 53:11.400] I said, so what the hell debt were they collecting?
[53:11.400 --> 53:12.400] Huh.
[53:12.400 --> 53:18.400] So I sent him a little letter saying, hey, Mr. Debt Collector, tell you what I'm going to do.
[53:18.400 --> 53:23.400] See, you know, you don't have a debt collector on me.
[53:23.400 --> 53:26.400] Obviously, there was no debt collector.
[53:26.400 --> 53:33.400] The Debt Collection Practices Act, they talk about fraud upon a consumer, claiming things that aren't true.
[53:33.400 --> 53:39.400] And tell me, you know, you'll take $1,000 to go away and I won't have to drag you into federal court.
[53:39.400 --> 53:44.400] Oh, and I do want something in writing that says I'm never going to hear from you again on this thing.
[53:44.400 --> 53:48.400] The guy sitting there, he's laughing and he's, you know, I never thought about it.
[53:48.400 --> 53:51.400] I said, you've got to think out of the box on this stuff.
[53:51.400 --> 53:54.400] So you just never know where a lot of this stuff goes.
[53:54.400 --> 53:59.400] A lot of times the letters are enough sometimes.
[53:59.400 --> 54:05.400] And I caution people just because it does go away, doesn't mean six months or a year from now,
[54:05.400 --> 54:06.400] it's not going to come back.
[54:06.400 --> 54:09.400] Some other debt collectors are going to get it and be chasing you.
[54:09.400 --> 54:12.400] But you've got a couple of things working for you.
[54:12.400 --> 54:16.400] One, you'll know what to do.
[54:16.400 --> 54:23.400] And two, Statue of Limitations is working for you on how long they have to collect the debt.
[54:23.400 --> 54:28.400] Well, and also you can, if you want to put it to rest forever,
[54:28.400 --> 54:35.400] you can include as part of the settlement contract that they agree to not ever sell the alleged account or the account
[54:35.400 --> 54:41.400] or any information related to the account or any of your personal information to any other entity ever again.
[54:41.400 --> 54:45.400] And if they do, well, then you get to go after them for breach of contract.
[54:45.400 --> 54:47.400] Contract, exactly, exactly.
[54:47.400 --> 54:49.400] So I would really say it's story.
[54:49.400 --> 54:56.400] A guy contacted me and he's a super guy, oh, maybe about six or eight months ago.
[54:56.400 --> 55:00.400] Guy's a former Marine and he was in Afghanistan, okay?
[55:00.400 --> 55:04.400] Fighting for our freedom, putting his life on the line.
[55:04.400 --> 55:07.400] And he got sued by this debt collector.
[55:07.400 --> 55:13.400] And the guy's an IT guy and he's got a job and all that, and they sued him.
[55:13.400 --> 55:16.400] And I says, okay, so how much did they sue you?
[55:16.400 --> 55:20.400] Well, he says, Mike, they got, actually, they were garnishing my wages.
[55:20.400 --> 55:22.400] They're going to get the last payment.
[55:22.400 --> 55:26.400] He said they got the last payment this past April, $18,000.
[55:26.400 --> 55:27.400] I said, okay.
[55:27.400 --> 55:32.400] I says, and when did you get, you know, when did the credit card go bad?
[55:32.400 --> 55:35.400] Oh, he says it went bad in 2001.
[55:35.400 --> 55:37.400] I says, 2001.
[55:37.400 --> 55:42.400] He says, yeah, I went through the worst and he was like June or July of 2001.
[55:42.400 --> 55:45.400] I says, and when did they sue you in the local court?
[55:45.400 --> 55:47.400] He says, oh, in 2009.
[55:47.400 --> 55:53.400] I says, what is the statute of limitations in your state to collect on a credit card?
[55:53.400 --> 55:56.400] He says, Mike, I don't know what the heck you're talking about.
[55:56.400 --> 55:58.400] I said, that's your first homework assignment.
[55:58.400 --> 56:00.400] Go in and Google that.
[56:00.400 --> 56:04.400] Statute of limitations to collect in the state of that you live in.
[56:04.400 --> 56:06.400] Well, he got back to me within an hour.
[56:06.400 --> 56:10.400] He said, oh my God, it's three years at that time when they sued me.
[56:10.400 --> 56:15.400] I says, so this thing went bad in 2001.
[56:15.400 --> 56:17.400] Statute of limitations, three years.
[56:17.400 --> 56:22.400] They couldn't touch you after 2004 and they sued you in 2009.
[56:22.400 --> 56:24.400] He says, yeah.
[56:24.400 --> 56:29.400] I says, if you knew back then what you know now, you wouldn't be involved.
[56:29.400 --> 56:31.400] They couldn't have done nothing.
[56:31.400 --> 56:36.400] You'd have walked into that local court and just told the judge they're collecting this outside statute of limitations.
[56:36.400 --> 56:40.400] Your honor, that case would have been thrown out immediately.
[56:40.400 --> 56:42.400] That's a state statute.
[56:42.400 --> 56:46.400] Well, anyhow, we've taken them in and we're going at it.
[56:46.400 --> 56:47.400] We're going at it.
[56:47.400 --> 56:49.400] We're going to see where this goes.
[56:49.400 --> 56:56.400] He's taken them in under debt collection violation of the Debt Collection Practice Act.
[56:56.400 --> 57:02.400] He did the validation to them, but the point is the validation period was over.
[57:02.400 --> 57:08.400] But the point is they collected the debt that they had no right collecting.
[57:08.400 --> 57:10.400] That's brought upon a consumer.
[57:10.400 --> 57:12.400] And now they got caught.
[57:12.400 --> 57:14.400] So we're going to see what's going to happen.
[57:14.400 --> 57:16.400] And this guy's a fighter.
[57:16.400 --> 57:25.400] Like I say, he's a former Marine and he's been going to a law library looking stuff up and he's gotten to be the proverbial pain in the butt.
[57:25.400 --> 57:29.400] And that's what you become with this stuff.
[57:29.400 --> 57:33.400] You stand up and you show you have an attitude.
[57:33.400 --> 57:35.400] They see you're going to fight them.
[57:35.400 --> 57:41.400] They're going to go back to their client or they're going to say, you know, this guy is a amateur pro se litigant.
[57:41.400 --> 57:43.400] He's a pain in the butt.
[57:43.400 --> 57:47.400] Why don't you see if you can't work something out with them, make it go away.
[57:47.400 --> 57:49.400] Get a settlement agreement.
[57:49.400 --> 57:54.400] Right, because you got to keep in mind as a pro se, you're not having to constantly shell out the buck.
[57:54.400 --> 57:58.400] For an attorney, but they are.
[57:58.400 --> 58:07.400] And so it's to their best interest to just pay you to go away, especially since they know that they're the ones that are in the wrong.
[58:07.400 --> 58:12.400] And again, what's happening here is that none of this has anything to do with the debt whatsoever.
[58:12.400 --> 58:20.400] And so we're going to be talking some more on the other side about just what kind of things they do wrong that violates these laws.
[58:20.400 --> 58:26.400] Like say, for example, you dispute with the creditor regarding what's in your credit report.
[58:26.400 --> 58:29.400] They have to market and dispute on your credit report.
[58:29.400 --> 58:32.400] And it can't say disputed by consumer either.
[58:32.400 --> 58:34.400] That's not good enough.
[58:34.400 --> 58:38.400] They have to market, market and dispute, marked by subscriber.
[58:38.400 --> 58:41.400] If they don't do that, it's a violation of the Fair Credit Reporting Act.
[58:41.400 --> 58:47.400] Things like this, we're going to go over a few examples of the kinds of violations that they commit.
[58:47.400 --> 58:51.400] And then we'll be talking about some breaking news with the TCPA as well.
[58:51.400 --> 58:54.400] We'll be right back, folks. This is The Rule of Law.
[58:54.400 --> 59:18.400] We're here with Mr. Michael Meyers, streaming from LogosRadioNetwork.com.
[59:24.400 --> 59:28.400] This story is the more than 9,000 explanatory footnotes.
[59:28.400 --> 59:32.400] Difficult and profound passages are opened up in a marvelous way,
[59:32.400 --> 59:38.400] providing an entrance into the riches of the word beyond which you've ever experienced before.
[59:38.400 --> 59:43.400] Bibles for America would like to give you a free recovery version simply for the asking.
[59:43.400 --> 59:53.400] This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102,
[59:53.400 --> 01:00:00.400] or by ordering online at freestudybible.com. That's freestudybible.com.
[01:00:00.400 --> 01:00:04.400] This news brief brought to you by the International Newsnet.
[01:00:04.400 --> 01:00:10.400] The Free Syrian Army Thursday staged a tactical retreat from the stricken Baba Amur,
[01:00:10.400 --> 01:00:15.400] neighborhood of Homs, citing concerns for civilians and a lack of weapons.
[01:00:15.400 --> 01:00:20.400] The move came the day after Syria's army launched a fresh push to take Baba Amur,
[01:00:20.400 --> 01:00:24.400] a powerful symbol of resistance to the Assad regime.
[01:00:24.400 --> 01:00:29.400] Baba Amur has been bombarded by government troops daily for nearly four weeks.
[01:00:29.400 --> 01:00:33.400] A serving U.S. Army officer, Lieutenant Colonel Daniel Davis,
[01:00:33.400 --> 01:00:36.400] says the U.S. top brass are not telling the truth.
[01:00:36.400 --> 01:00:40.400] Colonel Davis said there was an absence of success on virtually every level,
[01:00:40.400 --> 01:00:45.400] despite reassurances by Washington that all was well in Afghanistan.
[01:00:45.400 --> 01:00:52.400] Speaking after a suicide car bomb killed nine people at a military airport in eastern Afghanistan.
[01:00:52.400 --> 01:00:56.400] Supporters of Maldeev's first democratically elected president,
[01:00:56.400 --> 01:01:00.400] ousted in a coup last month, prevented the country's new leader,
[01:01:00.400 --> 01:01:05.400] Mohamed Wahid Hassan, from making an inaugural speech before Parliament Thursday.
[01:01:05.400 --> 01:01:09.400] Back as a former President, Mohamed Nasheed's Maldivian Democratic Party
[01:01:09.400 --> 01:01:14.400] blocked roads and clashed with police.
[01:01:14.400 --> 01:01:18.400] Republican presidential candidate Mitt Romney's plans for a new fiscal policy
[01:01:18.400 --> 01:01:22.400] would involve slashing taxes for the rich and increasing military spending.
[01:01:22.400 --> 01:01:27.400] Romney would extend the Bush tax cuts, but he'd also cut taxes of further 20%
[01:01:27.400 --> 01:01:32.400] and abolished the estate tax, one that applies to the richest one-fourth of 1%.
[01:01:32.400 --> 01:01:38.400] Conservative Josh Barrow estimates the Romney tax cuts could cost U.S. taxpayers
[01:01:38.400 --> 01:01:40.400] $5 trillion over 10 years.
[01:01:40.400 --> 01:01:44.400] The Tax Policy Center estimated that under Romney's original tax plan,
[01:01:44.400 --> 01:01:50.400] the wealthiest one-tenth of 1%, would receive a whopping $460,000 annual break,
[01:01:50.400 --> 01:01:56.400] and the top 1% would receive an average tax break of $82,000 a year.
[01:01:56.400 --> 01:02:01.400] Under Romney's new plan, the top 35% tax rate would be reduced to 28%.
[01:02:01.400 --> 01:02:04.400] Through his use of tax havens and loopholes,
[01:02:04.400 --> 01:02:10.400] Romney himself has paid taxes at less than half the 35% rate.
[01:02:10.400 --> 01:02:15.400] The Federal Appeals Court ruled Wednesday police can search a cell phone for its number
[01:02:15.400 --> 01:02:17.400] without needing a warrant.
[01:02:17.400 --> 01:02:21.400] Officers in Indiana found a number of cell phones at the scene of a drug bust
[01:02:21.400 --> 01:02:27.400] and searched each phone for its number, enabling them to link suspects to the drug-selling scheme.
[01:02:27.400 --> 01:02:31.400] Abel Flores Lopez, who was sentenced to 10 years, argued on appeal
[01:02:31.400 --> 01:02:35.400] that police had no right to search the phone's contents without a warrant.
[01:02:35.400 --> 01:02:39.400] Court rejected that argument, saying the invasion of privacy was too slight
[01:02:39.400 --> 01:02:43.400] to have violated the Fourth Amendment's ban on unreasonable searches.
[01:02:43.400 --> 01:03:02.400] The court left open the question of just how far police can go in searching a phone's contents.
[01:03:02.400 --> 01:03:13.400] You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[01:03:32.400 --> 01:03:48.400] LogosRadioNetwork.com
[01:03:48.400 --> 01:04:17.400] LogosRadioNetwork.com
[01:04:17.400 --> 01:04:21.400] Sorry, that's me. I wasn't actually sleeping. I was taking notes.
[01:04:21.400 --> 01:04:23.400] Okay, Eddie's over there taking notes.
[01:04:23.400 --> 01:04:26.400] Stupid tobacco!
[01:04:26.400 --> 01:04:32.400] Okay, so what I wanted to do this segment is just give people an idea of basically
[01:04:32.400 --> 01:04:35.400] what kinds of violations, what do these laws say?
[01:04:35.400 --> 01:04:38.400] Just a few examples. We don't have time to go over everything,
[01:04:38.400 --> 01:04:43.400] but I just gave an example before the break of some violations of the FCRA.
[01:04:43.400 --> 01:04:47.400] You dispute with them and you can get the dispute letter.
[01:04:47.400 --> 01:04:52.400] Mike's been working on the content and the wording of these letters for quite some time now
[01:04:52.400 --> 01:04:57.400] in a number of years. You get the Mike's special letters as part of the course.
[01:04:57.400 --> 01:05:02.400] We don't give those away. We have to charge something for our time here
[01:05:02.400 --> 01:05:04.400] so that we can fund the operation.
[01:05:04.400 --> 01:05:08.400] But you can get the letters as part of the course and when you dispute with the creditor
[01:05:08.400 --> 01:05:11.400] or who or the debt collector, well, you dispute with the creditor,
[01:05:11.400 --> 01:05:13.400] you validate with the debt collector.
[01:05:13.400 --> 01:05:18.400] And so when you send these letters, especially to whomevers in your credit report,
[01:05:18.400 --> 01:05:25.400] they have to mark your credit report in dispute as marked by the subscriber,
[01:05:25.400 --> 01:05:29.400] not marked in dispute by the consumer.
[01:05:29.400 --> 01:05:33.400] That's not good enough. And if they don't do that, which they never do,
[01:05:33.400 --> 01:05:37.400] because as Mike says, why bother? You're just the lowly consumer.
[01:05:37.400 --> 01:05:41.400] They're a multi-billion-dollar company. Well, that's violation of FCRA right there.
[01:05:41.400 --> 01:05:43.400] Now, why don't they want to do that?
[01:05:43.400 --> 01:05:47.400] The reason they don't want to do that is because when they do that,
[01:05:47.400 --> 01:05:50.400] then your credit score goes up.
[01:05:50.400 --> 01:05:53.400] If it's marked in dispute, that affects your credit score.
[01:05:53.400 --> 01:05:58.400] It doesn't go against you. Well, they, of course, want to punish you and all these sorts of things.
[01:05:58.400 --> 01:06:00.400] So that's one thing that they do that's wrong.
[01:06:00.400 --> 01:06:02.400] Here's another thing that they do that's wrong.
[01:06:02.400 --> 01:06:08.400] When you send the validation letter to the debt collector, they have to validate the debt.
[01:06:08.400 --> 01:06:14.400] That means they have to come up with some type of evidence to prove this debt.
[01:06:14.400 --> 01:06:24.400] And, Mike, you have found case law that shows that only a ledger accounting from the original creditor proves this up.
[01:06:24.400 --> 01:06:30.400] Sending statements or receipts from stores or things like this,
[01:06:30.400 --> 01:06:33.400] this is not a validation of the debt.
[01:06:33.400 --> 01:06:36.400] So that's another thing that they do wrong.
[01:06:36.400 --> 01:06:41.400] So, Mike, why don't you go over a few of the things that they do wrong or how they violate these laws?
[01:06:41.400 --> 01:06:45.400] Yeah, on that in particular, they can send you just about anything they want,
[01:06:45.400 --> 01:06:47.400] and they're kind of protected.
[01:06:47.400 --> 01:06:50.400] They say, well, we can send you a statement, the wall houses, yeah,
[01:06:50.400 --> 01:06:54.400] but the point is that is not true for the account, okay?
[01:06:54.400 --> 01:06:57.400] However, you get them in the federal court.
[01:06:57.400 --> 01:07:00.400] Now, you've got a whole different situation.
[01:07:00.400 --> 01:07:03.400] Now, the ledger accounting is an issue.
[01:07:03.400 --> 01:07:05.400] We have case law in that.
[01:07:05.400 --> 01:07:10.400] I believe we have five or six case laws that says in order to prove a debt, they must do a ledger accounting.
[01:07:10.400 --> 01:07:16.400] And when they come back and say, oh, we sent you statements, that's not proof of an account.
[01:07:16.400 --> 01:07:22.400] And you could argue that, oh, by the way, court hears the case law that says they must do a ledger accounting.
[01:07:22.400 --> 01:07:28.400] And one of the most famous cases on that is Spears v. Brenner out of, I believe it was Indiana,
[01:07:28.400 --> 01:07:33.400] if I remember correctly, an older case, maybe 10, 12 years ago.
[01:07:33.400 --> 01:07:42.400] And the court, what's one appeals for, that court came back and explained why you need to do a ledger accounting, okay?
[01:07:42.400 --> 01:07:47.400] And it was a very powerful case in the state of Indiana.
[01:07:47.400 --> 01:07:52.400] Case got remanded back to the lower court because the debt collector never proved the case.
[01:07:52.400 --> 01:07:55.400] He never did an ledger accounting.
[01:07:55.400 --> 01:07:58.400] Anyhow, that's part of it.
[01:07:58.400 --> 01:08:03.400] Under fair credit, Debra was talking about marking the account in dispute.
[01:08:03.400 --> 01:08:10.400] And you'll get an argument on that because the fair credit says if they're reporting information that is really inaccurate,
[01:08:10.400 --> 01:08:14.400] they must mark it in dispute while we don't know, okay?
[01:08:14.400 --> 01:08:20.400] But that's one of the complaint, one of the violations we bring against them.
[01:08:20.400 --> 01:08:25.400] The other one, and that's always pretty solid, is reporting erroneous and inaccurate information.
[01:08:25.400 --> 01:08:32.400] Again, you may have one credit card and three accounts, three credit reports, and it's a different balance.
[01:08:32.400 --> 01:08:39.400] It says one might say, well, you're renamed on this account and the account is zero, and then you go to another credit report
[01:08:39.400 --> 01:08:47.400] and it says this account is closed and you owe $10,000, and then you go to another credit report and it says, yeah, this account is closed
[01:08:47.400 --> 01:08:49.400] and you owe $5,000.
[01:08:49.400 --> 01:08:53.400] Well, my question is, is that reporting erroneous and inaccurate information?
[01:08:53.400 --> 01:08:58.400] I believe it is because the fair credit is very near.
[01:08:58.400 --> 01:09:01.400] They must be accurate.
[01:09:01.400 --> 01:09:04.400] They must be accurate, okay?
[01:09:04.400 --> 01:09:10.400] Anyhow, that's the other one, failure to mark the account and dispute, reporting erroneous and inaccurate information,
[01:09:10.400 --> 01:09:13.400] and it's a $1,000 per violation.
[01:09:13.400 --> 01:09:20.400] Well, if there are three credit reports, that's $3,000 for each violation.
[01:09:20.400 --> 01:09:29.400] That's $6,000, and we take them in on daily basis that they're breaking the law.
[01:09:29.400 --> 01:09:36.400] And you don't hear this too much, but you might come up with a misunderstanding and say, well, you can't do that.
[01:09:36.400 --> 01:09:42.400] You can't sue us on a daily basis for breaking the law, really.
[01:09:42.400 --> 01:09:54.400] Every day you damage me in my credit report, my credit score, and broke the law, I can't come after you for that.
[01:09:54.400 --> 01:10:03.400] And I have a very simple answer to that, which I don't do anymore because, like I say, I was through this many years ago,
[01:10:03.400 --> 01:10:12.400] and I don't have that problem anymore, but my answer to the Lerner Council would be, you know what, Mr. Attorney,
[01:10:12.400 --> 01:10:14.400] you might be right.
[01:10:14.400 --> 01:10:22.400] Why don't we let the judge and jury decide and see if they want to go there?
[01:10:22.400 --> 01:10:24.400] That's simple.
[01:10:24.400 --> 01:10:26.400] That's simple.
[01:10:26.400 --> 01:10:27.400] Oh, goodness.
[01:10:27.400 --> 01:10:30.400] That's why we have judges and juries, sir.
[01:10:30.400 --> 01:10:37.400] See, folks, the biggest thing you've got to understand with this is consumer law, consumer law.
[01:10:37.400 --> 01:10:40.400] And most attorneys are not trained in consumer law.
[01:10:40.400 --> 01:10:46.400] It's only taught in very few law schools in the United States, and it's taught as an option.
[01:10:46.400 --> 01:10:51.400] The students can choose to take it or not take it, consumer law.
[01:10:51.400 --> 01:11:00.400] It's a totally different aspect, and that's why when you go into these cases, a lot of the lawyers don't know what the heck you're talking about.
[01:11:00.400 --> 01:11:07.400] You've got to spend time educating the lawyer so they understand why you're coming after their client.
[01:11:07.400 --> 01:11:17.400] And I've had to do that in my cases, and I've seen the proverbial gear in the headlight look when they finally got it.
[01:11:17.400 --> 01:11:21.400] And you're saying, yeah, that's why I'm bringing your client in here.
[01:11:21.400 --> 01:11:23.400] They broke the law, and I can prove it.
[01:11:23.400 --> 01:11:25.400] So that's simple.
[01:11:25.400 --> 01:11:26.400] Exactly.
[01:11:26.400 --> 01:11:29.400] And here's some other ways that they break the law.
[01:11:29.400 --> 01:11:33.400] Say, for example, you give them a limited cease and desist.
[01:11:33.400 --> 01:11:46.400] You tell them you are not to call me anymore, and you are only to contact me by mail at my residence, not at my office or place of business, et cetera, et cetera.
[01:11:46.400 --> 01:11:53.400] Well, if they continue to do that, they're in violation of the DCPA.
[01:11:53.400 --> 01:11:57.400] And potentially they're in violation of the TCPA, too.
[01:11:57.400 --> 01:12:04.400] And so, you know, I'm throwing out a few examples here, folks, of some of the things that they do wrong.
[01:12:04.400 --> 01:12:07.400] Here's some of the other things that they can do wrong.
[01:12:07.400 --> 01:12:25.400] Even in these debt collection letters, if the way they structure the language and the verbiage of the letter is such that it gives you the impression that you have no other option other than to pay it, that's a violation of the DCPA.
[01:12:25.400 --> 01:12:45.400] If they don't include what we call the mini-maranda when they either call you or in their letters, which says the mini-maranda is, this is an attempt to collect a debt, any information that may be obtained to the result of this, yeah, will be used for this purpose.
[01:12:45.400 --> 01:12:54.400] If they don't include the mini-maranda when they either call you or when they write the letter, that's another violation of the Fair Debt Collections Practices Act.
[01:12:54.400 --> 01:12:57.400] And so you have to look at the structure of the language of the letter.
[01:12:57.400 --> 01:13:00.400] All of this is outlined in the course.
[01:13:00.400 --> 01:13:03.400] And so we can't give the whole thing away.
[01:13:03.400 --> 01:13:16.400] I mean, folks, you can get all this information for yourself anyway by just reading through the Debt Collections Practices Act and the Fair Credit Reporting Act, the Telephone Consumer Protection Act, and speaking of the Telephone Consumer Protection Act,
[01:13:16.400 --> 01:13:26.400] I'd like to talk a little bit about that because that was a big leverage point in our case, in Jerry's case, which I was about to be a coplanetiff on.
[01:13:26.400 --> 01:13:37.400] I kind of decided to hold back on that one because we didn't want to throw everything we had at them right at the beginning because, you know, we wanted to have some leverage for later.
[01:13:37.400 --> 01:13:51.400] So the TCPA was one of the statutes that Jerry filed suit under, and then when they just kept dragging things on and on and pulling out just ridiculous things like filing a motion to dismiss because they're in bankruptcy and all this other nonsense,
[01:13:51.400 --> 01:13:55.400] then we're like, okay, guys, tell you what, how about this?
[01:13:55.400 --> 01:13:58.400] We have pursuant to the scheduling order.
[01:13:58.400 --> 01:14:01.400] We have until March 2 to amend the pleadings.
[01:14:01.400 --> 01:14:15.400] If you guys don't come to the table right now with settlement, Deborah is going to, I'm going to file an amended pleading and Deborah's going to add herself on as coplanetiff under TCPA and we're going to double the claim under TCPA.
[01:14:15.400 --> 01:14:16.400] So how about those cookies?
[01:14:16.400 --> 01:14:19.400] We're going to turn this into about a $500,000 lawsuit.
[01:14:19.400 --> 01:14:21.400] You guys want to continue?
[01:14:21.400 --> 01:14:31.400] So let's talk about the TCPA a little bit, which basically, and folks, you can sue telemarketers under TCPA as well.
[01:14:31.400 --> 01:14:39.400] You can sue anybody who calls you that you don't want calling.
[01:14:39.400 --> 01:14:44.400] People don't just have a right to call you, and that means telemarketers, debt collectors, anybody.
[01:14:44.400 --> 01:14:56.400] Well, especially if you've never signed an agreement with them saying that you agreed to the robo-calling, especially which is a violation of TCPA unless you've agreed to the robo-calling, all these sorts of things.
[01:14:56.400 --> 01:15:04.400] And apparently, there was a question as to, even though it's a federal law, as to whether or not TCPA suits could be brought into federal court.
[01:15:04.400 --> 01:15:07.400] Normally, I guess a lot of times people bring them into state court.
[01:15:07.400 --> 01:15:17.400] Well, just recently, just a few weeks ago, the Supreme Court of the United States ruled, yes, federal district courts have jurisdiction over TCPA suits.
[01:15:17.400 --> 01:15:19.400] So that's not an issue anymore.
[01:15:19.400 --> 01:15:23.400] And there's more good news for consumers for TCPA.
[01:15:23.400 --> 01:15:26.400] Mike, you want to clue us in on that?
[01:15:26.400 --> 01:15:38.400] Well, the TCPA is pretty neat because if you Google it, you'll get a copy of it and it'll talk about what do they break and what are the fines.
[01:15:38.400 --> 01:15:41.400] And there's three basics to it.
[01:15:41.400 --> 01:15:47.400] One, the very first one is they must have permission to call you on that phone that they're calling you on.
[01:15:47.400 --> 01:15:48.400] That's one.
[01:15:48.400 --> 01:16:00.400] Number two, they must not use robo-calls. And number three, it must not cost you any time or money, like in minutes and time on a cell phone.
[01:16:00.400 --> 01:16:07.400] Any one of those three things, and it's a $1,500 penalty per phone call.
[01:16:07.400 --> 01:16:14.400] Now, surprisingly enough, I get a lot of people talk to me and say, oh, my God, I won't even answer my phone.
[01:16:14.400 --> 01:16:18.400] Well, I know it's a debt collector call and I don't know what to do.
[01:16:18.400 --> 01:16:22.400] The courts just tell you what to do to reverse the tables and take control.
[01:16:22.400 --> 01:16:34.400] But the point is, when I get through explaining to them about TCPA and the limited season desist and failure to do the paper and every time they call,
[01:16:34.400 --> 01:16:46.400] super morning, this is a debt collector call, any application of payment used for that purpose, I tell my people, you want them to call you because you're going to rack up the violations on them.
[01:16:46.400 --> 01:16:47.400] Absolutely.
[01:16:47.400 --> 01:16:53.400] And there's a list of 18 questions that's included with Mike's course of what to ask them when they call you.
[01:16:53.400 --> 01:16:55.400] You definitely want to get that.
[01:16:55.400 --> 01:16:57.400] So folks, we'll be right back.
[01:16:57.400 --> 01:17:00.400] This is the rule of law.
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[01:19:00.400 --> 01:19:25.400] Music playing.
[01:19:25.400 --> 01:19:35.400] I was blindsided, but now I can see.
[01:19:35.400 --> 01:19:43.400] Took money from my hands. You put the fear in my heart, took money from my hands, but I'm not going to be fooled by the same old trick again.
[01:19:43.400 --> 01:19:51.400] Perfect song by my husband right there, Jerry Stevens, for the topic at hand. You're not going to fool me with the same old tricks again.
[01:19:51.400 --> 01:19:58.400] You're not going to put the fear into me anymore. You tricked me. You took the money from me, but it's over.
[01:19:58.400 --> 01:20:06.400] We got your number now, pal. And speaking of having numbers, having people's numbers, we were discussing the TCPA, Rob from Connecticut.
[01:20:06.400 --> 01:20:13.400] We see you on the board. Just hang tight one second. We want to talk about this TCPA stuff just a couple more minutes and then we're going to take Rob from Connecticut.
[01:20:13.400 --> 01:20:23.400] Folks, if you have questions from Mike Miris on topic 512-646-1984 is the call-in number, please be on topic when you call in.
[01:20:23.400 --> 01:20:33.400] If you have questions specifically from Mike or me about this debt collector issue, creditor issue, if you have questions for traffic tickets or other issues, please save that for tomorrow night.
[01:20:33.400 --> 01:20:48.400] At any rate, the TCPA, recent victory, and I'm sorry, I don't have the case pulled up here in front of me, but there was a recent Supreme Court ruling where the Supreme Court ruled that the TCPA could be used in federal court.
[01:20:48.400 --> 01:20:54.400] Mike, tell us a little bit about that case and then there's more good news on the TCPA front that I wanted to go over.
[01:20:54.400 --> 01:21:01.400] Right. That was one of the big debt collectors. I won't mention their name. They've been sued a number of times. They're pretty big.
[01:21:01.400 --> 01:21:11.400] Apparently, this consumer decided to sue them in federal court. They came back and said, no, no, no. You can't sue us in federal court under the TCPA.
[01:21:11.400 --> 01:21:20.400] I kind of chuckled because that's a federal law and you're in a federal FCC law. Federal Communications Commission and you're in a federal court.
[01:21:20.400 --> 01:21:37.400] What don't I understand? But they fought it and long story short, it went up to the Supreme Court in the United States and the Supreme Court of the United States said, no, you can educate this in any state or federal court.
[01:21:37.400 --> 01:21:47.400] It's perfectly acceptable. So you get a comment that, oh, you can't do that in federal court. Well, that's not what the Supreme Court said.
[01:21:47.400 --> 01:21:50.400] Yes, and that was MEMS, the MEMS case, M-I-M-S.
[01:21:50.400 --> 01:21:52.400] Right, right, right.
[01:21:52.400 --> 01:21:56.400] MEMS v. Arrow Financial Services, Supreme Court case.
[01:21:56.400 --> 01:22:18.400] Yep, yeah, Arrow's pretty good. And the point is, is that the Supreme Court tells the federal district court something they better deal with. So that's simple. Okay, that's the highest court of the land is the Supreme Court of the United States.
[01:22:18.400 --> 01:22:34.400] Okay, so we got pissed at. And then a couple of weeks ago, we had, they were trying to amend that bill, the TCPA, No Home Consumer Protection Act, it's called.
[01:22:34.400 --> 01:22:48.400] And they were trying to amend it to allow these robo-calls and all this stuff to go through. And it got shot down. 53 attorney state attorney generals fought it. Said, no, we're not going to let you do that to people.
[01:22:48.400 --> 01:22:57.400] Run up their cell phone bills by calling them with robo and putting them in worse condition than there already are by running up the bills on their cell phones.
[01:22:57.400 --> 01:23:03.400] So that was another big hit for the consumers. That bill got shot down.
[01:23:03.400 --> 01:23:18.400] That was HR 3035, the Mobile Information Caller Act of 2011. And yeah, you know who was supporting that bill, the debt collectors. And I just have the article right here.
[01:23:18.400 --> 01:23:33.400] The press release of the West Virginia Attorney General's website, WVAGO.gov, West Virginia Attorney General, Darryl McGraw, press release. This just came out. Well, this was a few months ago.
[01:23:33.400 --> 01:23:50.400] These state attorney generals tell Congress, do not pass the bill allowing the robo-calls. So people listen. Here's why you want to answer the phone when the debt collectors call. So that you can have a record of it on your phone bill.
[01:23:50.400 --> 01:24:02.400] Because most of the time missed calls will not show up on the call log on your phone bill. If you answer or if it goes into your voicemail, it's not going to show up.
[01:24:02.400 --> 01:24:11.400] Sometimes if you check your voicemail, it'll show up. Sometimes it won't. It depends on what subscriber you have. But if you answer the phone, boom, minutes.
[01:24:11.400 --> 01:24:19.400] Okay? Especially if they call during the day. Answer the phone because that's when most of the time are getting charged for the minutes. Keep them on the phone as long as you can.
[01:24:19.400 --> 01:24:30.400] Okay? Ask them the 18 questions. You get the 18 questions in the course. And so once you get this going on, especially if it's a robo-call, answer the phone.
[01:24:30.400 --> 01:24:39.400] I mean, you won't know until you answer the phone. But the point is try to record it if you can, especially if it's a robo-call. They can't do robo-calls. Period.
[01:24:39.400 --> 01:24:47.400] All right? So you want to get all this. You want to record it. Have your little pocket recorder or a phone recording app and get the whole thing on record.
[01:24:47.400 --> 01:24:54.400] You got your phone bill. And that way, that's evidence in court to prove that they actually made all these calls. Okay?
[01:24:54.400 --> 01:25:05.400] So these are some of the tactics. It's called the set up. All right? You got to set these guys up for the lawsuit. And that means you send the letters, the validation letter.
[01:25:05.400 --> 01:25:13.400] You send the dispute letter when they don't send you back what they're supposed to or don't do what they're supposed to. You got to document that.
[01:25:13.400 --> 01:25:24.400] Here's the other thing that I recommend. You get a subscription to Privacy Guard or some other similar service. You get on there every single month and you download your credit report.
[01:25:24.400 --> 01:25:33.400] And that way, you've got a record of what's been happening on your credit report all the time because, like, I talked to Privacy Guard to see if they keep records from month to month.
[01:25:33.400 --> 01:25:40.400] And they said no. Whatever your credit report is now is what it is. They don't keep track of what it looked like last month or the month before.
[01:25:40.400 --> 01:25:49.400] You download that. So you've got a record, all these things. You set up the lawsuit. And then you write up the petition, everything they did wrong.
[01:25:49.400 --> 01:25:58.400] You can get a template, not a template, but you can get samples, you know, or you can get petitions from other people's lawsuits that they filed, you know, wink, wink.
[01:25:58.400 --> 01:26:06.400] You know, you can look up on PACER and see what other people have done that you know. All right? And then you can model your suit after that.
[01:26:06.400 --> 01:26:15.400] You can send that to them in the tort letter. And then if they don't agree to come to the table and settle with you right away, file the suit.
[01:26:15.400 --> 01:26:24.400] And you just get it on. You bring it on. So I say it's a very reasonable, logical process. It makes sense.
[01:26:24.400 --> 01:26:31.400] All the law is on your side. And we do have a couple of callers on the line when I take these calls.
[01:26:31.400 --> 01:26:41.400] Again, also, before the end of the show, I wanted to get into just a little bit more concerning what happened with my case regarding the arbitration issue and the FDIC.
[01:26:41.400 --> 01:26:49.400] Because if you run into that, you know, I just wanted to give people a little heads up of what you may have to deal with and what you may want to need to know.
[01:26:49.400 --> 01:26:58.400] So this is, we've got now Rob from Connecticut on the line. Rob, thank you for calling in. What is your question or comment for us tonight?
[01:26:58.400 --> 01:27:07.400] Oh, I just want to say hi and thanks, Mike, for your course. It's been great. I think we first got it, what, two years ago?
[01:27:07.400 --> 01:27:15.400] Yeah, yeah, about two years ago we got your course. And we've used it four times now. We've won four for four.
[01:27:15.400 --> 01:27:23.400] And it's paid, of course, it's paid for itself many times over because of that. And it's so incredibly easy.
[01:27:23.400 --> 01:27:32.400] I mean, the phone just rings and it's like, tching, there goes another $500,000, whatever you want to add. And it's incredible. We love it.
[01:27:32.400 --> 01:27:37.400] And, oh, you know what? Sonya just picked up. She wants to say hi to you too, Mike.
[01:27:37.400 --> 01:27:38.400] Oh, Sonya.
[01:27:38.400 --> 01:27:40.400] Hi, how are you?
[01:27:40.400 --> 01:27:41.400] Hi, good. How are you doing?
[01:27:41.400 --> 01:27:49.400] I'm good, thanks. Yeah, I'm listening in. And I want to congratulate Deborah.
[01:27:49.400 --> 01:27:50.400] Oh, thank you Sonya.
[01:27:50.400 --> 01:28:01.400] Thanks, Tony. I'm a musician too. And it's, you know, I don't know a lot about the law, but I've been learning. I've been doing my best to learn.
[01:28:01.400 --> 01:28:08.400] She's done a hell of a job. She's put up some good fights. How many have you won now?
[01:28:08.400 --> 01:28:12.400] Four. Well, no, I won three.
[01:28:12.400 --> 01:28:14.400] Yeah.
[01:28:14.400 --> 01:28:18.400] And I have another one in right now.
[01:28:18.400 --> 01:28:25.400] The point is the heckable learning curve, isn't it?
[01:28:25.400 --> 01:28:30.400] It certainly is. But I think, you know, the nicest thing is it's very empowering.
[01:28:30.400 --> 01:28:31.400] Yes, it is.
[01:28:31.400 --> 01:28:39.400] The truth will set you free. And that's the biggest thing. Once you learn what the truth is, nothing can stop you.
[01:28:39.400 --> 01:28:53.400] You know that the law is on your side. If you know what to invoke, you know.
[01:28:53.400 --> 01:29:03.400] And, you know, you can do yourself a lot of good in the long run.
[01:29:03.400 --> 01:29:11.400] Thank you for everything. I bet some people do this stuff and they actually tell me they have fun doing it. I don't know.
[01:29:11.400 --> 01:29:13.400] I don't know about that.
[01:29:13.400 --> 01:29:17.400] I don't know if it's fun, but I do have some people that laugh a lot.
[01:29:17.400 --> 01:29:19.400] Oh, boy.
[01:29:19.400 --> 01:29:33.400] Well, hey, Danper, maybe that's what y'all ought to do is get together and have like a fundraising benefit concert with all the people out there that listen in that are musically inclined. Y'all can invite Randy to play. They'll have to take a couple of road trips with him.
[01:29:33.400 --> 01:29:37.400] I can pretty much say Randy's more musical asleep than awake.
[01:29:37.400 --> 01:29:39.400] All right, well listen, we're about to go to break.
[01:29:39.400 --> 01:29:41.400] I resemble that.
[01:29:41.400 --> 01:29:47.400] We're about to go to break here. Sonya Robb, thank you for calling in.
[01:29:47.400 --> 01:29:49.400] Thanks, Sonya. Talk to you later. Take care.
[01:29:49.400 --> 01:29:51.400] Take care, you too.
[01:29:51.400 --> 01:29:59.400] All right, we've got Marie from Texas on the line, folks. If you have a question, we've got a half an hour left. 512-646-1984. We'll be right back.
[01:29:59.400 --> 01:30:05.400] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:30:05.400 --> 01:30:13.400] The government says that fire brought it down. However, 1,500 architects and engineers have concluded it was a controlled demolition.
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[01:30:25.400 --> 01:30:47.400] We deserve the truth. Go to RememberBuilding7.org today.
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[01:31:17.400 --> 01:31:25.400] And now, the world's funniest joke. Two hunters are out in the woods when one of them collapses. He doesn't seem to be breathing and his eyes are glazed.
[01:31:25.400 --> 01:31:33.400] The other guy whips out his cell phone and calls 911. My friend is dead, he gasps. What should I do? The operator says, calm down. I can help.
[01:31:33.400 --> 01:31:41.400] First, make sure he's actually dead. There's a silence, then a shot rings out. Back on the phone, the guy says, OK, now what? Get it?
[01:31:41.400 --> 01:31:50.400] Wiseman says this joke is a winner because it appeals to people in many different countries, appeals to both sexes, and gets laughs from both young and old alike.
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[01:32:00.400 --> 01:32:12.400] Yeah, who you want to check? Who you take me for? Free toilet? Who you want to check? Me, no free toilet. You can't check me. All my friends.
[01:32:12.400 --> 01:32:32.400] In the evening, put a chip in your body, and anywhere you go, computer read it. You can't hide me if I'm nobody. What mistake? Chip in on your mom, chip in on your daddy, chip in on your grandpa, and they grant me. Chip in on me, chip in on your baby, chip in on your family, old family, chip in on your dog, and they get around me.
[01:32:32.400 --> 01:32:42.400] Chip in on the beef, and you still got E.P. Chip in on the fish, them are all in the sea. Chip in on the shark, and they wheel around me. You and she, man, crying, we're all chip crazy.
[01:32:42.400 --> 01:32:48.400] They take in the tomb, and they want to read me. Social security, they've got to tell me. Number with them, give me them, repeat up and see.
[01:32:48.400 --> 01:32:53.400] Chip you in the morning, chip you in the evening, chip you out of dinner time.
[01:32:53.400 --> 01:33:12.400] Okay folks, we are back. This is in rule of law. We're here with Mike Meares, and we do have a caller on the line here. We've got Marie from Texas. Marie, thank you for calling in. What is your question for Mike Meares tonight?
[01:33:12.400 --> 01:33:26.400] Hi, thank you. I love all your shows. I really appreciate that. I've got a problem pulling my credit report. I know there's at least one negative thing from Citibank there that I cannot get things to get it off.
[01:33:26.400 --> 01:33:38.400] But like I said, I cannot, it will not give me my credit report. The other thing is that medical people report you to the credit bureau immediately. They don't even give you a chance to pay the bill.
[01:33:38.400 --> 01:33:56.400] Yep, yep. Medical items are a lot easier, and there's a process to do that, although certainly if they're in your credit report, can file under Fair Credit Reporting Act as a final alternative.
[01:33:56.400 --> 01:34:13.400] All I can say on medical stuff is go to the place that claims you all the money and ask them for the name of their liability insurance carrier. I guarantee you that will get their attention.
[01:34:13.400 --> 01:34:15.400] Great.
[01:34:15.400 --> 01:34:25.400] Now Marie, when you say you're having trouble getting your credit report, I don't understand what you mean. Have you contacted the three major credit bureaus and asked them for a copy of your credit report?
[01:34:25.400 --> 01:34:40.400] I went into like a free annual credit report dot com or whatever website you go to and it gives you some information saying that they cannot give you your credit report. They just call and then you call and you can never speak to anyone.
[01:34:40.400 --> 01:34:58.400] Really, the best thing to do if you want to try to deal with this situation, you've got to have constant access to your credit reports, and that's why, like I said, I'm not trying to plug a service by any means, especially one that's not a sponsor, but I use Privacy Guard.
[01:34:58.400 --> 01:35:12.400] Mike has recommended that before as well and you pay them a reasonable monthly fee and they monitor your credit reports for you and you can log into your account and look at your credit report at any time and they even email you.
[01:35:12.400 --> 01:35:32.400] Anytime there's changes, you can see anytime anyone's made an inquiry, you can see a two-year history of postings and you can see what kind of personal information is being posted in your credit report if there's a background, a criminal history that's being posted or anything like that.
[01:35:32.400 --> 01:35:52.400] Folks, like I said, if you want to get into this, you have to be willing to pay a little bit of money. You need to get Mike's course. I recommend you get Jurisdictionary because you need to understand the civil rules of procedure, how to function in federal court, this sort of thing.
[01:35:52.400 --> 01:36:03.400] The basic nuts and bolts, you need to sign up for an account with PACER so that you can do a little research in the federal court system. You don't have to go get a Lexus account or a Westlaw account.
[01:36:03.400 --> 01:36:23.400] If you need to do any serious case law research that can't be done just by Googling or I call it startpaging on the Internet, go down to your law library and get on Westlaw or Lexus there. But you do need to get a PACER account so that you can search by party name.
[01:36:23.400 --> 01:36:38.400] You can't search by keyword on PACER. You can only search by party names or this sort of thing so that you can look up and see how many times these people have been sued, what kind of pleadings and filings and lawsuits have been filed.
[01:36:38.400 --> 01:36:51.400] In cases you need to get a privacy guard so that you can monitor your credit reports and this sort of thing. You're not going to be able to do this just by getting the annual credit report. Go ahead, Mike.
[01:36:51.400 --> 01:37:09.400] Let me jump in here. On that bank you just mentioned, I won't mention their name, but that bank you just mentioned. See, if you're going to sign up to PACER and let me explain what PACER means, P-A-C-R, that means public access to court electronic records.
[01:37:09.400 --> 01:37:29.400] P-A-C-R. Every federal case is a public record. If it's a bankruptcy, civil, criminal, it's there. The point is you get signed up for P-A-C-R and you put that bank in that you just name and do a query across every federal court in the United States.
[01:37:29.400 --> 01:37:49.400] You will find out how many times they have been sued in federal court and I told people to do that and I told them this, the page will come up and you'll see they have been sued 54 times in federal court and people say to me, wow, 54 times, yeah.
[01:37:49.400 --> 01:38:09.400] Unfortunately, that's only page one of 3,225 pages with 54 cases on each page that they've been sued in federal court. It would take you 10 years to look at all those cases because I don't want you to think we make this stuff up.
[01:38:09.400 --> 01:38:16.400] It's there. It's available. I don't care who you put in there. If they've been in federal court, they're going to come up.
[01:38:16.400 --> 01:38:23.400] Excuse me. Do I just write them a letter and tell them, look, get this thing off my credit report?
[01:38:23.400 --> 01:38:31.400] Yes. Well, that would be a dispute letter and the point is, is right now...
[01:38:31.400 --> 01:38:32.400] Hello?
[01:38:32.400 --> 01:38:44.400] Mike, are you still there? Mike may have dropped off. Yeah, this is part of the course. You have to send them a dispute letter,
[01:38:44.400 --> 01:38:50.400] but it has to have...you dispute with the creditor, you send a validation letter to the debt collector.
[01:38:50.400 --> 01:38:59.400] Now, sometimes the debt collectors are in your credit reports too, but again, you still send the dispute letter to the creditor, you send the validation letter to the debt collector,
[01:38:59.400 --> 01:39:08.400] but we're not going to tell people right now on the air what you need to put in those letters because this is at the heart of Mike's course.
[01:39:08.400 --> 01:39:18.400] This is what he spent years perfecting, and so if you want those letters with the proper language to properly set up your lawsuit to deal with the situation you need to get the course.
[01:39:18.400 --> 01:39:19.400] How do I get the course?
[01:39:19.400 --> 01:39:29.400] You can get the course by going to ruleoflawradio.com, ruleoflawradio.com, and you scroll down on the homepage where you see all the banners are.
[01:39:29.400 --> 01:39:34.400] There's a baby blue banner that says the Mike Mears method. It's kind of a rotating GIF banner.
[01:39:34.400 --> 01:39:45.400] It says how to deal with debt collectors and creditors, and I might add that Mike is very reasonable with his time, and he will give some consultation.
[01:39:45.400 --> 01:39:54.400] When people buy his course, if you need a lot of consultation, he'll charge you for his time, but he's very reasonable with his consultation rates.
[01:39:54.400 --> 01:39:56.400] Great. Thank you.
[01:39:56.400 --> 01:40:07.400] Okay, sure. And again, folks, this is something that is very empowering that you can step up and take responsibility for. You get your PACER account so that you can do some research like this.
[01:40:07.400 --> 01:40:15.400] You get your Privacy Guard account or another similar service so that any time, day or night, you can see what's in your credit report.
[01:40:15.400 --> 01:40:23.400] You download these on a monthly basis to keep a history and a record. You have to be able to do these kinds of things electronically.
[01:40:23.400 --> 01:40:29.400] Paper trail, paper trail, paper trail, paper trail. That's what all this is about.
[01:40:29.400 --> 01:40:40.400] EU has the better paper trails going to win. It's that simple. And black and white, the courts love black and white. The defendants don't, but you got black and white.
[01:40:40.400 --> 01:40:47.400] It's pretty hard to deny that something's happening. So paper trail, paper trail, paper trail. Key to all this stuff.
[01:40:47.400 --> 01:40:51.400] Okay. Thank you, Marie.
[01:40:51.400 --> 01:40:57.400] Okay, we have another caller on the line. We've got John from Texas.
[01:40:57.400 --> 01:41:04.400] Seemingly, John, having an issue with some robo-callers from Debt Collector. Is that correct, John?
[01:41:04.400 --> 01:41:05.400] Yes, ma'am.
[01:41:05.400 --> 01:41:17.400] Okay, I have a couple of questions for you right off the bat because I've just gone through quite a learning experience with the robo-call situation.
[01:41:17.400 --> 01:41:33.400] If this is robo-calling over a business card, what I have learned is that in most business credit cards, they make you as part of the card agreement.
[01:41:33.400 --> 01:41:44.400] They make you agree to accept robo-calls on any of your phone numbers, personal or business, and that they make you agree that any of your employees at the office,
[01:41:44.400 --> 01:41:51.400] not, of course, on their personal phones, can take what can be called or that they can discuss with them the situation.
[01:41:51.400 --> 01:42:02.400] And so if this is over a business credit card, you may want to look at the card agreement because they may have forced you into agreeing to robo-calls.
[01:42:02.400 --> 01:42:09.400] Now, if this is about a personal card, then no, that's not going to be the case. So I just want to put that information out there.
[01:42:09.400 --> 01:42:13.400] It's not about a credit card at all. It's about a phone book ad.
[01:42:13.400 --> 01:42:24.400] Yeah. About six, seven years ago, I had a construction company and we closed it up about five years ago.
[01:42:24.400 --> 01:42:33.400] And we always pay for our phone book ads, you know, because you've got to pay for them in advance before they'd even print it, you know, print the phone book.
[01:42:33.400 --> 01:42:44.400] Well, about three years ago, this tech collector kept calling and would call me like every day during the whole week and I, you know, I would call them back and I'd say,
[01:42:44.400 --> 01:42:50.400] look, y'all need to go call me. Well, you owe us this $585 for this credit card and I said, why?
[01:42:50.400 --> 01:42:57.400] I mean, there's a phone book ad and I said, well, we always pay for our phone book ad and he goes, well, can you send me proof?
[01:42:57.400 --> 01:43:01.400] And I said, no, I can't send you proof because we lost everything in a flood during our...
[01:43:01.400 --> 01:43:03.400] What?
[01:43:03.400 --> 01:43:12.400] And I said, well, won't you send me proof? So when I gave them the correct address, well, we have never received anything in proof from me.
[01:43:12.400 --> 01:43:16.400] I'm saying that we owe this money, but they call three or four times a week.
[01:43:16.400 --> 01:43:25.400] Okay, John, you need to get the course. They're trying to collect on a phone book ad that you are, that you're claiming you already paid for in advance.
[01:43:25.400 --> 01:43:28.400] Yeah, you have to pay for those in advance on printing before...
[01:43:28.400 --> 01:43:34.400] Have you looked in your credit report yet to see exactly if there's something negative posted in your credit report?
[01:43:34.400 --> 01:43:39.400] No, ma'am, I've never looked... I haven't looked in a credit report for eight years.
[01:43:39.400 --> 01:43:43.400] Okay, all right, stay right there, John. We're going to give you a few tips when we get back on the other side.
[01:43:43.400 --> 01:43:47.400] And then I did want to save a little bit of time just to go over some of this arbitration stuff.
[01:43:47.400 --> 01:43:50.400] It won't take me very long, but stay right there, John, okay?
[01:43:50.400 --> 01:43:55.400] All right, we'll be right back, folks. If you want to call and ask any questions, we've got one more segment left.
[01:43:55.400 --> 01:44:00.400] One, two, six, four, six, nineteen, eight, four. We'll be right back.
[01:44:00.400 --> 01:44:04.400] Hey, did you hear? Ron Paul has announced he's running for president in 2012.
[01:44:04.400 --> 01:44:05.400] It is Ron Paul.
[01:44:05.400 --> 01:44:11.400] Really? Okay, put down the cell phone for one minute. Your friends really don't care about your Twitter updates on what you had for breakfast.
[01:44:11.400 --> 01:44:14.400] Oh, but I love to make those little smiley faces with punctuation marks.
[01:44:14.400 --> 01:44:21.400] Of course you do. Now, listen closely. You need to go down to Brave New Books and learn as much as you can about Ron Paul and his message before it's too late.
[01:44:21.400 --> 01:44:28.400] They have all of his books and many of the books he talks about. They also have t-shirts, bumper stickers, and yard signs so that you can show your support for him during the campaign.
[01:44:28.400 --> 01:44:31.400] Brave New Books? Do they have Harry Potter and Twilight?
[01:44:31.400 --> 01:44:37.400] No, but they do carry a large selection of survival and preparedness books to protect your family in time of emergency.
[01:44:37.400 --> 01:44:40.400] Oh, that sounds like that show in the Discovery Channel.
[01:44:40.400 --> 01:44:47.400] Yeah, there's even a wilderness survival expert that teaches classes called Earth Skills School that you can sign up for on the website bravenewbooksstore.com.
[01:44:47.400 --> 01:44:48.400] What are you doing?
[01:44:48.400 --> 01:44:54.400] I'm tweeting all my friends that they should go to bravenewbooksstore.com or down to the bookstore in person. Where's it located?
[01:44:54.400 --> 01:44:56.400] 1904, Guadeloupe Street.
[01:44:56.400 --> 01:44:58.400] There, it's sent. I even made a smiley face.
[01:44:58.400 --> 01:45:19.400] Great.
[01:45:28.400 --> 01:45:34.400] The Jurisdictionary was created by a licensed attorney with 22 years of case winning experience.
[01:45:34.400 --> 01:45:43.400] Even if you're not in a lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts.
[01:45:43.400 --> 01:45:52.400] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, pro se tactics, and much more.
[01:45:52.400 --> 01:46:01.400] Please visit ruleoflawradio.com and click on the banner or call toll free 866-LAW-E-Z.
[01:46:01.400 --> 01:46:26.400] Okay, folks, we are back.
[01:46:26.400 --> 01:46:32.400] This is the final segment of tonight's episode of The Rule of Law.
[01:46:32.400 --> 01:46:35.400] Tonight's Thursday, March 1st, 2012.
[01:46:35.400 --> 01:46:37.400] We're here with Mike Mears.
[01:46:37.400 --> 01:46:50.400] We're talking about how to sicken, how to get the debt collectors and creditors, how to deal with this inaccurate and erroneous information in your credit report, how to deal with the calling, the robo-calling.
[01:46:50.400 --> 01:46:56.400] Now we've got a situation with John about the advertising.
[01:46:56.400 --> 01:47:02.400] So John, okay, first things first, you want to find out if they're in your credit report.
[01:47:02.400 --> 01:47:04.400] That's the first thing that you need to find out.
[01:47:04.400 --> 01:47:12.400] When you start getting phone calls and letters from debt collectors, the first thing you need to find out is, are they in your credit report?
[01:47:12.400 --> 01:47:18.400] And so that's why I say to people, you need to have this privacy guard thing going on anyway so that you can immediately go and check.
[01:47:18.400 --> 01:47:23.400] You're probably going to want to get Mike's course so that you can send these guys a validation letter.
[01:47:23.400 --> 01:47:27.400] Because remember, they're the ones calling you, okay?
[01:47:27.400 --> 01:47:30.400] It's not your responsibility to prove that you paid the bill.
[01:47:30.400 --> 01:47:34.400] It's their responsibility to validate the debt.
[01:47:34.400 --> 01:47:36.400] That's what the validation letter is about.
[01:47:36.400 --> 01:47:41.400] So those are two things you want to get set up with right away because it sounds like you could really hamstring these guys.
[01:47:41.400 --> 01:47:47.400] And Mike, you had a question for John here regarding the phone book.
[01:47:47.400 --> 01:47:51.400] Yeah, interesting, John.
[01:47:51.400 --> 01:47:56.400] You said you had to pay first in order to get the ad in that phone book.
[01:47:56.400 --> 01:48:02.400] Is there any chance, is there any chance you've got one of those phone books laying around somewhere,
[01:48:02.400 --> 01:48:05.400] or maybe somebody you know has got one with your ad in it?
[01:48:05.400 --> 01:48:07.400] I'm sure we can find one.
[01:48:07.400 --> 01:48:11.400] Well, that's proof you paid the bill.
[01:48:11.400 --> 01:48:18.400] You just said they wouldn't put the ad in there unless they got paid first.
[01:48:18.400 --> 01:48:24.400] Yeah, and John, if you have the contract because most of these advertising phone books,
[01:48:24.400 --> 01:48:27.400] you have to sign a contract with them.
[01:48:27.400 --> 01:48:31.400] And it says in the contract they're not going to do it until they get the check.
[01:48:31.400 --> 01:48:34.400] If you have a canceled check, all these kinds of things.
[01:48:34.400 --> 01:48:39.400] I mean, this is good for you to have in your back pocket to keep those things in mind.
[01:48:39.400 --> 01:48:44.400] But see, here's the thing that we want to impress on people.
[01:48:44.400 --> 01:48:50.400] Don't automatically go into defense mode when these guys start attacking you,
[01:48:50.400 --> 01:48:53.400] or start calling you, or sending you letters, or even filing a lawsuit against you.
[01:48:53.400 --> 01:48:59.400] I look at this sort of thing now as an opportunity to make some money.
[01:48:59.400 --> 01:49:03.400] And to actually be a learning experience and have a little fun too.
[01:49:03.400 --> 01:49:05.400] Because they're always breaking the law.
[01:49:05.400 --> 01:49:08.400] They know they're in the wrong and that they're not doing what they're supposed to do.
[01:49:08.400 --> 01:49:13.400] See, going back to the ledger accounting thing about validating the debt,
[01:49:13.400 --> 01:49:19.400] the reason that they will never give you a proper validation,
[01:49:19.400 --> 01:49:23.400] which according to Case Law, Mike mentioned earlier,
[01:49:23.400 --> 01:49:29.400] the reason is because if they have to fork over that ledger accounting,
[01:49:29.400 --> 01:49:34.400] then they have to show the entire bookkeeping for that supposed account.
[01:49:34.400 --> 01:49:38.400] And you know what it's going to show? That it was charged off.
[01:49:38.400 --> 01:49:42.400] They even admit that it was charged off sometimes and they post that on your credit report.
[01:49:42.400 --> 01:49:44.400] Well, do you know what that means?
[01:49:44.400 --> 01:49:49.400] What charged off generally means is that they charge it off against their capital,
[01:49:49.400 --> 01:49:53.400] gains tax liability to the IRS.
[01:49:53.400 --> 01:49:55.400] That means it doesn't exist anymore.
[01:49:55.400 --> 01:49:57.400] The debt doesn't exist anymore.
[01:49:57.400 --> 01:49:59.400] The account doesn't exist anymore.
[01:49:59.400 --> 01:50:04.400] Well, if it doesn't exist anymore, just what the heck did they sell to the debt collector?
[01:50:04.400 --> 01:50:09.400] And if it doesn't exist anymore, just what the heck are they trying to collect on?
[01:50:09.400 --> 01:50:12.400] Anyway, it's all fraud.
[01:50:12.400 --> 01:50:18.400] And that's why they will never give you the ledger accounting and they'll always back down.
[01:50:18.400 --> 01:50:19.400] And so you've got to sue them.
[01:50:19.400 --> 01:50:24.400] Well, that probably explains why they haven't sent me the proof saying that I owe them the money.
[01:50:24.400 --> 01:50:26.400] Well, you have to send them a validation letter.
[01:50:26.400 --> 01:50:29.400] You have to demand it in writing or they're not going to send you anything.
[01:50:29.400 --> 01:50:30.400] Oh, okay.
[01:50:30.400 --> 01:50:33.400] And that's all in Mike's course.
[01:50:33.400 --> 01:50:39.400] Okay, so I guess what I need to do is get Mike's course and see what I can do to stop this.
[01:50:39.400 --> 01:50:41.400] I mean, it's been like three years.
[01:50:41.400 --> 01:50:43.400] They call it three, four times a day.
[01:50:43.400 --> 01:50:47.400] Is it a debt collector or is it the people that did the phone book that are calling?
[01:50:47.400 --> 01:50:49.400] It's not the phone book people.
[01:50:49.400 --> 01:50:50.400] It's the debt collector.
[01:50:50.400 --> 01:50:51.400] Okay, yeah.
[01:50:51.400 --> 01:50:52.400] You need to get the course.
[01:50:52.400 --> 01:50:56.400] It will be very empowering and you'll be able to stop these people.
[01:50:56.400 --> 01:51:02.400] You know, it would be even better, you know, if they would, you know, at least try to talk to me.
[01:51:02.400 --> 01:51:06.400] You know, whenever they see me, you know, they call me on the phone and as soon as I pick it up,
[01:51:06.400 --> 01:51:08.400] of course, there's got a number from me to call them back.
[01:51:08.400 --> 01:51:09.400] Oh, that's robo-calling.
[01:51:09.400 --> 01:51:11.400] That's not allowed.
[01:51:11.400 --> 01:51:12.400] Right.
[01:51:12.400 --> 01:51:16.400] And I call them back and then they want to know if I'm going to be able to make a payment.
[01:51:16.400 --> 01:51:22.400] And I was like, no, because the last time I talked to you guys, I told you guys not to call me,
[01:51:22.400 --> 01:51:25.400] and they sent me the proof that I owe you the money.
[01:51:25.400 --> 01:51:26.400] Okay.
[01:51:26.400 --> 01:51:30.400] Well, remember, John, the robo-calling is not allowed under the TCPA.
[01:51:30.400 --> 01:51:36.400] There are very limited exceptions that I found concerning business credit cards,
[01:51:36.400 --> 01:51:38.400] which was the situation what happened with Jerry.
[01:51:38.400 --> 01:51:40.400] It wasn't a regular consumer credit card.
[01:51:40.400 --> 01:51:41.400] It was a business card.
[01:51:41.400 --> 01:51:46.400] And it's part of the specific terms of that agreement that they alleged that Jerry agreed to,
[01:51:46.400 --> 01:51:52.400] that he agreed to accept robo-calling at his place of business on his business phone.
[01:51:52.400 --> 01:51:55.400] And that was, that's a very limited exception.
[01:51:55.400 --> 01:51:58.400] Other than that, no robo-calling is allowed.
[01:51:58.400 --> 01:52:00.400] So you can get them under TCPA.
[01:52:00.400 --> 01:52:02.400] You can get them under DCPA.
[01:52:02.400 --> 01:52:05.400] So, yeah, I would highly advise you to get Mike's course, read the course.
[01:52:05.400 --> 01:52:12.400] You can always call into our show and ask questions and get your privacy guard going.
[01:52:12.400 --> 01:52:13.400] All right.
[01:52:13.400 --> 01:52:14.400] Okay.
[01:52:14.400 --> 01:52:15.400] I appreciate the information.
[01:52:15.400 --> 01:52:16.400] Okay.
[01:52:16.400 --> 01:52:17.400] Thanks, John.
[01:52:17.400 --> 01:52:18.400] Okay.
[01:52:18.400 --> 01:52:19.400] Bye-bye.
[01:52:19.400 --> 01:52:20.400] All right.
[01:52:20.400 --> 01:52:21.400] Go ahead, Mike.
[01:52:21.400 --> 01:52:26.400] Keep in mind that when they get the course, my contact information is in there.
[01:52:26.400 --> 01:52:27.400] My emails are in there.
[01:52:27.400 --> 01:52:34.400] So once the course, and the course is sent to them so you know, folks, it comes via email.
[01:52:34.400 --> 01:52:36.400] It's a PDF format.
[01:52:36.400 --> 01:52:43.400] And once I get noticed that everything is good to go, we just send it to the email address that you provide.
[01:52:43.400 --> 01:52:45.400] And you get it, like, almost instantaneously.
[01:52:45.400 --> 01:52:50.400] I mean, maybe once in a while it'll be within 24 hours, but it's very, very quick.
[01:52:50.400 --> 01:52:52.400] And my contact emails are in there.
[01:52:52.400 --> 01:52:55.400] So if you have a question, you can send me an email.
[01:52:55.400 --> 01:52:57.400] And I'm pretty good about following up.
[01:52:57.400 --> 01:52:59.400] Or I may even say, you know what?
[01:52:59.400 --> 01:53:00.400] We need to talk.
[01:53:00.400 --> 01:53:03.400] You might send me your phone number and I'll give you a call.
[01:53:03.400 --> 01:53:10.400] You know, sometimes it's easier to explain things to people on a phone than sitting there typing in for a half hour, everything.
[01:53:10.400 --> 01:53:14.400] So that's one of the upsides, you know.
[01:53:14.400 --> 01:53:18.400] The point is, is once you learn it's very powerful stuff.
[01:53:18.400 --> 01:53:20.400] They'll stop messing with you pretty quick.
[01:53:20.400 --> 01:53:21.400] Yeah.
[01:53:21.400 --> 01:53:29.400] And just when you threaten to sue them in federal court for $508, I can see the lawyer now.
[01:53:29.400 --> 01:53:33.400] What will it take to defend us on this case, Mr. Attorney?
[01:53:33.400 --> 01:53:37.400] Well, I'm going to need at least a $5,000 retainer.
[01:53:37.400 --> 01:53:39.400] So, John, let me get this straight.
[01:53:39.400 --> 01:53:41.400] They're trying to collect $580.
[01:53:41.400 --> 01:53:45.400] We're even going to have to retain an attorney for at least $5,000.
[01:53:45.400 --> 01:53:46.400] Hmm.
[01:53:46.400 --> 01:53:49.400] See anything wrong with that picture, John?
[01:53:49.400 --> 01:53:50.400] There you go.
[01:53:50.400 --> 01:53:51.400] Think about it.
[01:53:51.400 --> 01:53:52.400] Exactly.
[01:53:52.400 --> 01:54:00.400] And just to go over a little bit about what happened with this arbitration issue just so folks can see what sometimes may happen.
[01:54:00.400 --> 01:54:04.400] Normally, these cards don't do this anymore, but I just wanted to get into this a little bit more.
[01:54:04.400 --> 01:54:10.400] And since we're towards the end of the show, I'll probably go over this some more maybe next week on the subsequent show.
[01:54:10.400 --> 01:54:14.400] But concerning the arbitration issue, they can't force you.
[01:54:14.400 --> 01:54:18.400] The courts cannot force you into arbitration unless you previously agreed to it.
[01:54:18.400 --> 01:54:30.400] And what the defendants were trying to do in this situation was force Jerry into arbitration to railroad him into arbitration because of this arbitration clause that was in this card agreement.
[01:54:30.400 --> 01:54:43.400] Well, they had a big problem, which had to do with the fact that the NAF and the rules of the NAF were designated as the mandatory and required arbitration entity
[01:54:43.400 --> 01:54:48.400] and the required arbitration rules for arbitration.
[01:54:48.400 --> 01:54:50.400] Well, the rules are no longer in existence.
[01:54:50.400 --> 01:54:52.400] The NAF is no longer in existence.
[01:54:52.400 --> 01:55:01.400] And so concerning some of these cases, and again, this Ransy case was one of the main cases here in the Fifth Circuit that I was relying on.
[01:55:01.400 --> 01:55:11.400] And the court just wrote a brilliant, just absolutely brilliant ruling here where they said concerning the FAA, Title V, five U.S.C.,
[01:55:11.400 --> 01:55:23.400] they were saying that in some cases the FAA gives jurisdiction to the courts to appoint another arbitrator sometimes.
[01:55:23.400 --> 01:55:25.400] But not in situations.
[01:55:25.400 --> 01:55:36.400] It says these cases, he cites Redham, Zekman v. Merrill Lynch as the two primary cases and Brown v. ITT as a third case.
[01:55:36.400 --> 01:55:44.400] It says these cases recognize an exception when the, quote, choice of form is an integral part of the agreement to arbitrate rather than an
[01:55:44.400 --> 01:56:06.400] incillary logistical concern. That's Brown citing Zekman. And in the present case, this was the, the Ransy case, it said it was obvious that the NAF was clearly an integral part of the arbitration agreement and thus the severability clause does not apply.
[01:56:06.400 --> 01:56:10.400] In other words, it's a core integral part of the agreement. You can't sever it.
[01:56:10.400 --> 01:56:18.400] And so that's it. That's all she wrote. And they cite a bunch of state cases, Caridio v. Dell, that was a Washington case.
[01:56:18.400 --> 01:56:32.400] And folks, I mean, it just goes on and on. I've got so many cases here, Geneva, Roth, Capital, v. Edwards, that was an Indiana Court of Appeals case, Car v. Gateway, that was an Illinois case.
[01:56:32.400 --> 01:56:44.400] We've got Stewart v. Golden Living. That was a Washington case. I'm sorry. That was in the Washington County of the Pennsylvania Superior Court. That was a Pennsylvania case.
[01:56:44.400 --> 01:57:01.400] Rivera v. American General Financial Services. That was a New Mexico case. And I mean, listen to this language. New Mexico says, it says arbitration before the NAF, using the NAF code of procedure, was integral to the party's agreement
[01:57:01.400 --> 01:57:10.400] to arbitrate and to appoint a substitute arbitrator would constitute a wholesale revision of the arbitration clause.
[01:57:10.400 --> 01:57:24.400] We will not perform judicial surgery by rewriting a contract that is laced with unenforceable terms that were central to the original mechanism for resolving disputes between the parties, and they cite Cordova.
[01:57:24.400 --> 01:57:38.400] Okay, so this is, I can go over this some more when we have more time, but this is what the courts are saying right now regarding these arbitration agreements when it involves the NAF and other entities that are no longer in existence.
[01:57:38.400 --> 01:57:52.400] They just can't, they're just not enforceable. And concerning the FDIC issue, I briefly went over that before. If it's not a creditor claim, this business of them being in receivership, that doesn't apply.
[01:57:52.400 --> 01:58:08.400] And I was going to mention one other thing about the business card aspect of all of this. After I filed, after I had Jerry file the response to their motion to compel arbitration, they came back and told the court, oh, we're not seeking consumer arbitration.
[01:58:08.400 --> 01:58:31.400] We're only seeking commercial arbitration because it was a business card. And so we wrote a reply and said, oh, really? Well, if you were never seeking consumer arbitration, then why did you include the NAF as the mandatory designated arbitrator, which the NAF only ever arbitrated consumer disputes?
[01:58:31.400 --> 01:58:43.400] They never arbitrated business credit cards. They only arbitrated consumer cards. So what about that, Mr. Debt Collector? And of course, they didn't respond. So there's lots of ways that you can get these guys, folks.
[01:58:43.400 --> 01:58:47.400] Anyway, Mike, thank you for coming on tonight. Any last words?
[01:58:47.400 --> 01:58:55.400] No, I've just been farmed for a while since I've been on, but I enjoyed it and I wish everybody the best of luck.
[01:58:55.400 --> 01:59:00.400] All right, folks, we'll see you all tomorrow night. This is the rule of law.
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