56 Questions
What happens if 90 or more of the money is going to the owners of the business?
The money is not protected in bankruptcy
If the money is going to the employees, what is the status of the money in bankruptcy?
The money will be 100% exempt in bankruptcy
What action did the ghostbusters take to obtain the money they were owed?
Threatened to release the ghosts back into the hotel
Which organizations are mentioned as the three major players in the credit bureaus?
Equifax, Transunion, and Experian
What is the primary problem with credit bureaus as mentioned in the text?
Lack of access and lack of ability to correct errors
Who were the credit bureaus created by, according to the text?
Creditors
What was the primary motivation for Congress to pass the Fair Credit Reporting Act (FCRA)?
Potential abuses like untrue reports of delinquency
What permits Congress to pass a law that deals with credit reports?
The need for confidentiality, accuracy, relevancy, and proper utilization of information
What was one of the concerns that led to the passing of the Fair Credit Reporting Act (FCRA)?
Information being based upon hearsay, value judgments, or disputes without the consumer's input
What was the impact of the case Marquette Nat. Bank of Minneapolis v. First of Omaha on usury laws?
It led to the exemption of federally incorporated banks from state usury laws
What was the direct consequence of states getting rid of many of their usury laws?
Banks were more inclined to incorporate federally
What was the significance of the case Marquette Nat. Bank of Minneapolis v. First of Omaha in the context of usury laws?
It led to the decline of state authority in regulating bank interest rates
What must be present for the Wisconsin Consumer Act to apply to a transaction?
A consumer transaction involving property, services, or credit for personal, family, or household purposes
What is the primary purpose of the Wisconsin Consumer Act?
To require merchants to supply certain disclosures to consumers and regulate merchant debt collection conduct
What are the consequences for violating the Wisconsin Consumer Act?
Paying the debtor's attorneys' fees, forgiving the balance due on the debt, reimbursing the debtor for all monies paid to the merchant, and permitting the debtor to keep the contracted-for item free of charge
What is the significance of the definition of a merchant under the Wisconsin Consumer Act?
It differs significantly from the UCC definition of a merchant
Under the Wisconsin Consumer Act (WCA), how many times a month can a creditor contact a debtor without committing a violation?
Four or five calls per month
According to the WCA, must a creditor report a debt as disputed when it is reported to a credit reporting agency?
Yes, the creditor must report the disputed status
What damages are available to a debtor for a creditor's WCA violation? What's noteworthy about the statutory damages?
Actual damages and a penalty of at least $100
Can a creditor seek to collect from a spouse of the debtor in a marital property state under the WCA?
Yes, as long as notice to the debtor's spouse is provided
Does a creditor need to prove intent for a WCA violation?
No, intent does not need to be proven
Can a debtor recover attorney's fees for a WCA violation by the creditor?
Yes, reasonable attorney's fees can be recovered
What is the maximum number of calls per week that is generally considered permissible under the WCA?
About one call per week
Must a creditor under the WCA report a debt as disputed when it is reported to a credit reporting agency?
Yes, the creditor must report the disputed status
What does the Wisconsin Invasion of Privacy Statute consider as intrusion upon the privacy of another?
Intrusion in a place that a reasonable person would consider private or in a manner which is actionable for trespass
Under the Wisconsin Invasion of Privacy Statute, when is the use of a living person's name, portrait, or picture considered an invasion of privacy?
When used for advertising purposes or for purposes of trade without obtaining written consent
What kind of publicity concerning the private life of another is considered an invasion of privacy under the Wisconsin Invasion of Privacy Statute?
Publicity given to a matter concerning the private life of another, of a kind highly offensive to a reasonable person
When is it not considered an invasion of privacy to communicate any information available to the public as a matter of public record?
When the information is available to the public as a matter of public record
What statutory sections were allegedly violated by the defendants?
WIS. STAT. § § 995.50(2)(a) and (c)
Which section ultimately went to trial?
WIS. STAT. § § 995.50(2)(a)
How did the plaintiffs claim there was an invasion of privacy of that section?
The recording device picked up personal conversations within the Postons’ home, constituting a 'place' violation.
How did the lower court rule on the plaintiffs' claim?
The lower court ruled in favor of the plaintiffs, acknowledging the 'place' violation.
Did the appeals court affirm the lower court ruling? If not, why not?
No, because the Postons, as lay witnesses, established no competency to testify about the recording capabilities of digital recorders or microphones, or other rational basis for the 'belief' they expressed and which formed the factual basis for their case.
What's necessary in order to establish a 'place' invasion of privacy?
“Place is established in a geographical location that a reasonable person would consider private or in a manner which is actionable for trespass.
What is the primary function of the Fair Debt Collection Practices Act (FDCPA)?
To provide debtors a means to challenge improper debt collection practices and verify the accuracy of debts
Under what circumstances is the Fair Debt Collection Practices Act (FDCPA) applicable to a transaction?
When there is a consumer and a 3rd party debt collector involved
In which venue is a Fair Debt Collection Practices Act (FDCPA) violation action proper?
In the judicial district where the real property is located, if real property is involved
What was the primary reason for Congress to pass the Fair Debt Collection Practices Act (FDCPA)?
To address the negative impact of abusive debt collection practices on personal bankruptcies, marital stability, job loss, and individual privacy
Who were the defendants in this case?
Household Bank and the Dickerson Law Firm
How did each defendant allegedly violate the FDCPA?
Household Bank and the Law Firm were both debt collectors, so they could both be liable for statutory violations
What is required of an attorney before he/she can lawfully send a collection letter?
The attorney must have some professional involvement with the debtor’s file
How was the bona fide error defense raised in this case?
The Bank (Household) raised the defense by asserting that the mistake of hiring Dickerson
What types of errors will the bona fide error defense always apply?
Clerical errors such as typos and grammatical errors
When does the bona fide error defense generally not apply?
They do not apply to mistake of law defenses because lawyers are supposed to know the law
How did the 7th Circuit conclude here?
The 7th Circuit Concluded that Household cannot avail itself of the bona fide error defense
What is the primary function of the Fair Debt Collection Practices Act (FDCPA)?
To provide debtors a means to challenge improper debt collection practices
Under what circumstances is the Fair Debt Collection Practices Act (FDCPA) applicable to a transaction?
When there is a consumer and a 3rd party debt collector
How is Congress able to pass a federal law dealing with debt collection?
Through the Commerce Clause regulating interstate commerce
Who is licensed to practice law in Virginia and has done so for more than 30 years?
David D. Dickerson
Which entity operated under the trade name 'GM Card' and serviced the Bank's credit card portfolio?
Household Credit Services, Inc.
Who is comprised of himself, two other attorneys, and some twenty to twenty-five staff assistants?
David D. Dickerson & Associates
Who raised the bona fide error defense in this case?
Household Bank
What types of errors will the bona fide error defense always apply?
Clerical errors such as typos and grammatical errors
When does the bona fide error defense generally not apply?
Mistake of law defenses
Who cannot avail itself of the bona fide error defense according to the 7th Circuit?
Household Bank
According to the text, who were the defendants in this case?
Household Bank and the Dickerson Law Firm
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