
Looking for the clean pour on complex laws? Straight Up gives you crystal-clear breakdowns of your rights under the TCPA, FDCPA, FCRA, Lemon Law, and more. Pure knowledge, 100 proof.

11/13/25 - In the law century, consumer law developed around a simple premise: a price is a price. You see it, you accept it, or you don’t.
But in today’s digital marketplace, that premise is eroding. The price you see online may no longer be the price I see — and neither of us may ever know why.
Welcome to the age of algorithmic pricing, where artificial intelligence and data analytics have replaced traditional price tags with a calculus of prediction, perception, and power.

Consumers have always faced an information gap: sellers know more about their products than buyers do. Algorithmic pricing expands that gap exponentially.
When a retailer knows not just what you’re buying but who you are — your income bracket, zip code, browsing history, or even what device you’re using — pricing becomes not a neutral reflection of value but a personalized negotiation you didn’t know you were having.
This isn’t science fiction. Travel sites, rideshare platforms, and online marketplaces already use dynamic and personalized pricing models that adjust in real time. Some of these are benign efficiencies. Others, however, verge on what economists call “surveillance pricing”: prices optimized against the consumer’s own data profile.
For consumer lawyers, the implications are profound. It’s no longer just about whether a product was defective or a warranty breached — but whether the price itself was unfairly extracted through opaque data practices.

The law, as always, lags behind innovation.
Federal statutes like the FTC Act and Sherman Act were not written with algorithms in mind. Yet regulators are starting to use them as frameworks for the new digital economy. The Federal Trade Commission has signaled that algorithmic or data-driven pricing may constitute an unfair or deceptive practice when consumers aren’t told that their personal data determines price.
On the antitrust side, the Department of Justice is testing whether “algorithmic collusion” — the use of shared or coordinated pricing software — can amount to per se price-fixing even without an explicit agreement. The RealPage litigation in the rental-housing sector is an early harbinger of what’s coming: the idea that machines can collude, and their human operators can be held liable.
Meanwhile, states are leading the charge.
This state-by-state patchwork resembles the early days of privacy law. A national framework seems inevitable — but not imminent.

Algorithmic pricing challenges not only the legality of commerce but its morality. If two people buy the same refrigerator, but one pays 12 percent more because an algorithm inferred higher disposable income, has anyone committed fraud? Maybe not in the traditional sense. Yet the outcome feels wrong in a way that consumer protection law was built to address.
Historically, consumer law targeted deception and coercion. Algorithmic pricing introduces a third category: opacity. The consumer cannot consent to a transaction whose terms they cannot perceive. That’s why transparency is emerging as the new fairness frontier.
New York’s disclosure requirement — “THIS PRICE WAS SET BY AN ALGORITHM USING YOUR PERSONAL DATA” — may sound clunky, but it articulates a principle long missing in digital commerce: the right to know when you are being profiled and priced accordingly.

Looking ahead, several paths are taking shape:
If these trends continue, algorithmic pricing could become to the 2020s what subprime lending was to the 2000s: a technological innovation that outpaced ethical and legal oversight, only to trigger a regulatory reckoning.

For consumer attorneys, algorithmic pricing represents both a challenge and an opportunity. It demands fluency not just in statutes but in systems — in how data flows, how algorithms train, how firms implement pricing software.
We can no longer afford to treat pricing as a background fact. The price is the product. Understanding its origins, its logic, and its fairness is now part of protecting the consumer.
In practice, that means asking new questions:
The answers may open new avenues for claims under unfair trade practices acts, antitrust statutes, and privacy laws.

For centuries, contract law presumed a meeting of the minds. Algorithmic pricing calls that assumption into question. When the “mind” setting the price belongs to an opaque machine trained on proprietary data, the notion of genuine consent becomes tenuous.
In this environment, the mission of consumer law — ensuring fairness, transparency, and accountability — takes on renewed urgency. The challenge for lawyers, regulators, and policymakers is to ensure that algorithms serve markets rather than manipulate them.
We can embrace technology without surrendering equity. But doing so will require vigilance — and perhaps a new legal imagination.

10/31/25 - Your credit report tells the story of your financial life — but what if that story isn’t true? For millions of Americans, credit report errors can mean the difference between getting approved for a home loan, buying a car, or even landing a new job. The good news? You have powerful rights under the Fair Credit Reporting Act (FCRA) that can help you take control of your credit history and protect your financial reputation. Let’s break down what those rights mean, what to watch out for, and how you can act before it’s too late.

The Fair Credit Reporting Act (FCRA) is a federal law passed to ensure fairness, accuracy, and privacy in the information used by credit reporting agencies. It governs how credit bureaus like Experian, Equifax, and TransUnion collect, share, and report your financial data. In simple terms: the FCRA gives you the power to make sure what’s on your credit report is true, complete, and up-to-date. Here’s what the law guarantees:

Inaccurate credit reporting is one of the top consumer complaints received by the Federal Trade Commission every year. With so much of our financial data now handled electronically, mistakes are not just possible — they’re common.
Think of it like this: A single wrong number or outdated account can sink your credit score by 100 points or more. That could mean higher interest rates, denied applications, or lost financial opportunities. Many people don’t even realize their report contains errors until it’s too late. In one real-world case, a PA woman discovered a collection account that wasn’t hers dragging down her score. When she disputed it, the credit bureau ignored her — until she sought legal help. After filing an FCRA claim, not only was the error removed, but she also received compensation for the harm caused to her credit reputation. These stories aren’t rare — they’re reminders that vigilance pays off.

If you’ve never reviewed your credit report, don’t wait.
Here’s how to get started:

If you’ve disputed a credit error and it wasn’t corrected, don’t stop there. You have legal options. Under the FCRA, consumers can:
Consumers who win FCRA cases may recover:

Credit mistakes don’t fix themselves — and the longer they sit on your report, the more damage they can do. Errors can affect your ability to:
Every day you wait is a day those inaccuracies could cost you real money.

Your credit report is more than just numbers — it’s your financial reputation. And like any reputation, it deserves to be accurate and fair. If you’ve spotted an error, or if you believe your FCRA rights have been violated, don’t navigate the process alone. The law gives you power — but you may need an advocate to help you use it effectively. At Ginsburg Law Group, we help everyday consumers stand up to credit reporting agencies and debt collectors who break the rules. We’ve seen how a single mistake can snowball into years of damage — and how the right action can turn it all around.
👉 Visit www.ginsburglawgroup.com to learn how to dispute errors, understand your rights, and hold credit bureaus accountable.
Your credit is your story. Let’s make sure it’s told truthfully.

10/20/25- When a company you’ve never heard of suddenly demands payment on an old debt, what can you do? A new lawsuit in Tampa, McKinley v. LVNV, shows that you have more power than you think — and that even large national debt-buyers must follow the same consumer-protection rules as everyone else.

When debt collectors won’t stop calling, you may feel like you have no options.
But one recent case in Tampa — McKinley v. LVNV Funding, LLC (M.D. Fla., Case No. 8:25-cv-2852, filed October 20 2025) — shows that ordinary consumers can and do fight back. The plaintiff, McKinley, has filed suit against LVNV Funding, one of the nation’s largest debt-buying companies, for alleged violations of the Fair Debt Collection Practices Act (FDCPA). At issue: whether LVNV’s collection and reporting practices crossed the line into harassment or misinformation. Even though the dollar amounts in this type of case are often small, the stakes for consumers are enormous. Each lawsuit helps keep powerful debt buyers accountable — and reminds everyday people that the law is on their side.

LVNV Funding, part of the Sherman Financial Group, doesn’t issue loans or credit cards. Instead, it buys old or “charged-off” debts from banks, credit-card companies, and finance lenders — often for pennies on the dollar.
Once they own the account, they hire collection agencies or law firms to demand payment, sometimes years after the original default. Over the past decade, LVNV has been sued thousands of times across the country for:
The McKinley case is part of that broader pattern — one that Florida consumers should pay attention to.

FL s a hotspot for debt-collection litigation. Consumers here frequently face calls or lawsuits from out-of-state companies that purchased debts for pennies but try to collect the full amount — sometimes with added interest & fees.
Florida law offers two layers of protection:
If McKinley’s case proceeds, it could strengthen how courts interpret these laws side-by-side — reinforcing consumers’ ability to challenge collectors who don’t play fair.

The FDCPA (15 U.S.C. § 1692) is a federal law that regulates what collectors can and cannot do. Here’s what every consumer should know:
Collectors may NOT:
You CAN:
Under the FDCPA, successful consumers can recover up to $1,000 in statutory damages, plus actual damages for stress or credit harm, and attorney’s fees.


Cases like McKinley v. LVNV Funding remind us that debt collection has limits.
Even large corporations must follow the same consumer-protection rules as everyone else. And when they don’t — consumers have the right to push back.
We’ve seen too many people harassed or intimidated by companies that rely on fear and misinformation. You don’t have to face them alone.

If you’re being contacted about an old or unfamiliar debt — pause before you pay. You have rights under federal and Florida law, and you may even be entitled to compensation if a collector breaks those rules.

If a debt collector has been harassing you, misrepresenting a balance, or reporting false information, contact Ginsburg Law Group for a free consultation. We help consumers across Florida protect their credit, stop collection abuse, and hold debt-buyers accountable.
📱 Call: (855) 978-6564
🌐 Visit: www.ginsburglawgroup.com

10/03/25- For years, people struggling with student loan debt were told one thing: “You can’t get rid of it in bankruptcy.” That’s no longer the whole story. In 2022, the Biden administration and the Department of Justice (DOJ) rolled out new rules that give borrowers a fairer shot at discharging federal student loans in bankruptcy.
Here’s what you need to know.

Before, borrowers had to prove “undue hardship” in court—a very tough standard that most people couldn’t meet. On top of that, the government almost always fought against discharge.
Now, the process is clearer and fairer:


To qualify, you’ll need to prove three main things:


Bankruptcy is never an easy decision, but for borrowers drowning in student loan debt, these new rules may finally offer a path to relief.
If you’re struggling, talk to a bankruptcy or consumer protection attorney who understands the new rules. You may have options that didn’t exist just a few years ago.

8/14/25 - If you’re in a Chapter 13 bankruptcy and your mortgage is part of the repayment plan, some important rule changes are coming on December 1, 2025. These updates aim to make things clearer and help avoid last-minute surprises when your case wraps up.
Here are the five biggest changes in plain language:

Before, the rule applied only if you were making ongoing monthly payments through your plan. Now, it covers any payment arrangement on your mortgage in Chapter 13—even if:
Why this matters: More lenders will now have to give you formal notices of changes in your payment or fees.

If you have a HELOC, your payment can change often. Instead of sending you a notice for every small change, your lender can now:
Why this matters: Fewer confusing notices and a yearly “true-up” to keep your payments accurate.

If your lender doesn’t give you enough notice about a payment change:
Why this matters: You won’t be caught off guard by sudden, retroactive increases.

You or the trustee can now ask the court at any point during the case to confirm the status of your mortgage—how much you owe and whether you’re current.
Why this matters: You can catch mistakes early, instead of finding out about them at the very end.

When your case ends, the trustee must file a special notice showing:
Why this matters: You get written confirmation of your mortgage status when you finish Chapter 13.

These changes give homeowners more clarity and protection during bankruptcy. You’ll get fewer unnecessary notices, clearer timelines for payment changes, and better ways to confirm your loan status before your case closes.
If you’re in Chapter 13 now—or may be filing soon—talk to your attorney about how these rules could affect your payments and what you should watch for starting December 1, 2025.
In this edition of Straight Up, we’re giving you the essentials on the four consumer protection laws that pack the biggest punch behind the bar: Lemon Law, TCPA, FDCPA, and FCRA. If you own a car, get spammed by robocalls, have a credit report, or have ever dodged a shady debt collector—this is for you.


What It Does:
The Lemon Law protects consumers who’ve bought or leased a vehicle that just won’t stop breaking down. If the dealer or manufacturer can’t fix it after a reasonable number of attempts, they owe you a refund or replacement.
The Straight-Up Rules:
Your Power Move:
Document everything. Keep service receipts, complaints, texts—anything that proves the car’s more sour than sweet.

What It Does:
The Telephone Consumer Protection Act (TCPA) keeps telemarketers, spam texters, and robocallers in check.
The Straight-Up Rules:
Your Power Move:
Save the texts. Screenshot the call logs. If they didn’t have your permission, that’s more than annoying—it’s a lawsuit waiting to happen.

What It Does:
The Fair Debt Collection Practices Act (FDCPA) protects you from harassment, lies, threats, and games from third-party debt collectors.
The Straight-Up Rules:
Your Power Move:
Send a written cease & desist letter and keep copies. If they violate the law after that, you’re in the driver’s seat.

What It Does:
The Fair Credit Reporting Act (FCRA) gives you the right to accurate, timely, and fair credit reporting—and the ability to dispute errors.
The Straight-Up Rules:
Your Power Move:
If they blow off your dispute or don’t fix confirmed errors, it’s time to serve justice with a side of enforcement.

07/23/25 - Debt collectors are legally allowed to ask you for money—but they’re not allowed to harass, threaten, or lie to you. Unfortunately, some bottom-shelf collectors don’t follow the rules and hope you don’t know yours.
So pull up a stool. This round’s on us: we’re serving up the most common shady debt collection tactics—and how to stop them.

The Fair Debt Collection Practices Act (FDCPA) protects you from debt collection abuse, deception, and unfair practices. It only applies to third-party debt collectors (not original creditors), but it has serious bite.
Violations can mean $1,000 in statutory damages, plus compensation for emotional distress, and even legal fees.

Here are some of the most common dirty tricks by collectors:
❌ Calling at Odd Hours - Collectors can’t call before 8 a.m. or after 9 p.m. (your local time).
❌ Harassment or Threat - Cursing, repeated calls, threats of jail or violence?
❌ Lying About Who They Are - Collectors can’t pretend to be lawyers, law enforcement, or government officials. They also can’t falsely threaten lawsuits, bank levies, or wage garnishment.
❌ Talking to Others About Your Debt - They can contact your spouse or attorney—but not your boss, your neighbor, or your ex (unless to find your contact info—and even then, only once).
❌ Trying to Collect Zombie Debt - If a debt is past the statute of limitations (varies by state), a collector can’t sue you for it. But they can try to trick you into restarting the clock with a small payment or acknowledgment.

Here’s how to turn off the tap when shady collectors start pouring:
🍸 1. Ask for a Debt Validation Letter - Within 5 days of contacting you, a collector must send a written notice with: the amount owed, the creditor's name, and your right to dispute the debt. You have 30 days to request validation in writing. If they can’t verify the debt? They must stop.
🍸 2. Send a Cease and Desist Letter - Want them to stop calling altogether? Send a written “cease communication” request. After that, they can only contact you once more—to confirm they’re stopping or to notify of legal action.
🍸 3. Document Everything - Keep a call log. Save voicemails, texts, and letters. Screenshots too. If things go sideways, you’ll have receipts.
🍸 4. Report Them - You can file complaints with: The Consumer Financial Protection Bureau (CFPB), Your state Attorney General’s office, and/or The Federal Trade Commission (FTC).

Re: Cease and Desist Request under the Fair Debt Collection Practices Act
To Whom It May Concern:
This letter is a formal notice pursuant to the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692c(c). I am requesting that you cease all communication with me concerning any alleged debt you claim I owe.
Please be advised that under the FDCPA, once you receive this written notice, you may only contact me to (1) confirm that no further contact will be made or (2) notify me of specific legal action you intend to take. Any further attempts to contact me beyond these exceptions will constitute a violation of federal law.
This letter is not an acknowledgment of the validity of the alleged debt. If you have not yet provided written validation of the debt as required under 15 U.S.C. § 1692g, I also request that you do so before taking any further action.
Thank you for your attention to this matter.

Not all collectors are crooked—but the shady ones count on your silence. Knowing your rights under the FDCPA is like walking into the bar with your own bouncer.
💬 Think you’ve been harassed by a debt collector? Pull up a stool at our Ask the Bartender column and share your story—or contact a licensed attorney for personal legal advice.