Affleck & Gordon, PC published a note.
Proud of our clients for speaking out against predatory lending at the Georgia State Capitol
Tony and Glenda Compton are former Social Security clients of Affleck and Gordon. In January of 2015, they received a check in the mail for $720 from Republic Finance. Glenda thought the check was a joke and told Tony not to cash it. Unfortunately, he did so anyway without realizing what he was agreeing to. By cashing the check, he unfortunately agreed to a loan that would have the Comptons paying astronomical interest rates and fees.
One of the purposes of these checks is to prey on Americans in tough financial times and get them hooked on these loans. Almost immediately after cashing their initial check, the Comptons started getting calls from Republic Finance. The Comptons were offered a lower interest rate and few hundred dollars more if they agreed to refinance the debt. In doing so, they accrued even more fees which outweighed any reduction in the interest rate.
The Comptons dutifully paid back their loan in monthly installments from February of 2015 through April of 2016. The payment started at $126 per month, but by April of 2016, the payment had grown to $170 per month. At that point, the Comptons could no longer afford to pay the loan back. In total, they had already paid back $1656. When the Comptons stopped paying, Republic Finance sued them in Magistrate Court for an additional $2,483.50 on what was originally only a $720 loan.
The Comptons first met Tom Affleck, founding partner of Affleck and Gordon, and asked him to help with a Social Security disability case thirty years ago. Since then, they have remained both friends and clients. As a result, when they knew they needed help, the Comptons brought their lawsuit to our Griffin office. Harry Brenner (one of our attorneys) listened to their story and brought the paperwork to Joel Thrift (another attorney in our office) to see if we could help. Joel and Allison Affleck (a third attorney at Affleck and Gordon) helped draft an answer to the lawsuit, and brought in another attorney, Matt Wetherington, to help on the case. That case is still pending in Henry County Superior Court. Shockingly, we discovered that it is not technically illegal to send people "live checks" in the mail to entice them into a bad loan. There may be some defenses to this suit, but it's also possible that the loan is entirely legal. When we started researching magistrate court lawsuits in counties where Republic Finance has offices, we found thousands of other lawsuits against people who had cashed the same type of checks and could no longer afford to pay.
In hopes of further helping the Comptons, and warning other people of the danger of these checks, we reached out to Channel 46 news. Harry Samler, with Channel 46, came out to the Compton's house and interviewed Mr. and Mrs. Compton. Ms. Compton is so likable, and her story so compelling, that Channel 46 ran a series of stories on her. Elena Parent with the Georgia Senate saw the stories. Senator Parent's concern led her to sponsor a bill to make sending unsolicited checks to people's homes illegal. A committee meeting was held on her bill yesterday (February 22, 2017) and the Comptons were invited to testify.
Ms. Compton was rock star at the hearing. To support the Comptons, Joel and Allison also attended the hearing. Joel introduced himself, and the Comptons, to the Senate committee and answered questions from the Senators. It was Ms. Compton's compelling story that again won over everyone in the room, both Republicans and Democrats. The questions from our Georgia legislators were all sympathetic and seemingly indicated that they believed Senator Parent's bill should pass. We're hopeful that this practice will be outlawed.
It took a concerted effort by Harry, Allison, and Joel to get to this point. It also took the Comptons' friendship, and trust in our firm, after the work Tom Affleck and his firm put into their Social Security disability and Workers' Comp cases many years ago. We know they were nervous about yesterday and are lucky that we could be there in support. We will continue to work to make sure that no one else is tricked by one of these checks in the future.
For more information, please see our Videos page, http://affleckandgordon.com/videos.html or call us at 404-373-1649.
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