Reboot Your Life: Tampa Student Loan and Bankruptcy Attorney Blog
Have you ever provided your cell number to a company and it later started to call you incessantly to collect a debt of someone else. I’ve recently had that happen to me. My father was hospitalized with a stroke and I gave my cell phone number to somebody at the hospital when we were making decisions about his medical care. At no time did I authorize the hospital to have its bill collectors call me at 9:00 p.m. every night well after my father was discharged from their care.
Fortunately, the Federal Communications Commission (FCC) just clarified a 2008 ruling and stated that such debt collection activity is in violation of the TCPA. (the Telephone Consumer Protection Act). The clarification resulted from a recent appellate case Nigro v. Mercantile Adjustment Bureau where someone had sued because they were called 72 times over a nine month period of time to collect on a $67 delinquent bill. Mr. Nigro had provided his cell phone number to the company when he called to shut off the service of his deceased mother in law’s account.
Mr. Nigro lost his case at trial. But the appellate court judges reached out to the FCC for clarification. The clarification stated that prior express consent to call is deemed to be granted only if the wireless number was provided by the consumer to the creditor and that such number was provided during the transaction that resulted in the debt owed. While Mr. Nigro did provide his number to the creditor, it was not during the transaction that resulted in the debt owed. This FCC clarification will have a nationwide impact.
Mortgage companies in Florida must think money really does grow on trees as they are now suing for deficiency judgments on past foreclosures of homes. July 1, 2014 was the deadline in Florida for lenders to file deficiency lawsuits for foreclosure Judgments issued between July 1, 2009 and July 1, 2013. This is the result of the foreclosure bill last summer drastically dropping the number of years for a mortgage company to sue for a deficiency from five years to only one year.
The Affordable Care Act has caused millions of people to sign up for Medicaid for the first time. Medicaid is a program of free health insurance provided to low to no income individuals. Although the care itself is free, there is a 
In a long awaited decision by the Florida Supreme Court, 
Texting + driving = bad things happen. My husband, a twenty year veteran DUI officer in St. Petersburg, Florida shows me gruesome car accident photos now and again that help keep me in line. As a result, I run less red lights that still look orange to me, and I try to avoid certain behaviors while driving, including texting.
Just as our Tampa Bay, Florida BP oil spill claims are heading toward the finish line, the rules are changing. We believe the new narrower guidelines will likely have a larger impact on our Florida based claims due to the increased distance from the oil spill than states such as Louisiana. Like many of our Florida counterparts, our law firm began filing claims early in the year. Because of the volume of claims received in the Spring of 2013, the estimated payout time increased from what was 60-90 days to 6-9 months. Now lossess will be re-evaluated under the new rules as a result of last week’s hearing.
The new 
Fannie Mae and Freddie Mac’s position is that they will not agree to a principal reduction in a mortgage modification. So our Florida foreclosure defense and bankruptcy clients are out of luck when their home is worth a lot less than the balance owed. This is their position even after a homeowner has filed bankrutpcy and is no longer personally liable for the underlying debt.
A three judge panel