Consumer Protection Litigation
Laws protecting consumers against the predatory practices
of unscrupulous businesses are prevalent in all fifty states, and each state's
laws are unique. Additionally, there is a large body of law created by the U.S.
Congress for the protection of consumers that applies in all fifty states. A
brief overview of two of the federal consumer protection statutes is listed
below:
The Fair Debt
Collection Practices Act - (FDCPA)
The Fair Credit
Reporting Act - (FCRA)
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Up The Fair Debt Collection Practices Act is a federal consumer
protection law enacted to protect consumers from unfair and illegal collection
practices.
This federal law outlines what information debt
collectors can gather on you. It contains specific rules on how debt collectors
can communicate with you at home and at work. These bill collector rules are
designed to protect you from abuse, harassment, false and misleading tricks and
illegal debt collector tactics. Chapters 3 through 13 covers specific consumer
rights. Chapters 1, 2 and 14 - 18 cover administrative matters that do not
affect debtors' rights.
Chapter 3 - Collection Terms and
Definitions:
Fair debt collection practices act terms and
definitions. Knowledge is power! Review these terms in order to fully
understand your rights.
Chapter 4 - 3rd Party Contact and Information
Gathering Rules
Fair debt collection practices act includes
specific rules for collectors trying to gather location information about you
such as your address or home and work phone numbers - see what's legal and
what's not!
Chapter 5 - Collection Calls and Communication
Rules
The act prohibits debt collectors from communicating with
you by phone before 8 a.m. or after 9 p.m. and from calling you on certain
days. The fair debt collection practices act also prohibits certain calls to
third parties.
Chapter 6 - Harassment & Abuse Tactics
The debt practices act prohibits tactics such as verbal harassment
and the use of threats, obscene, profane, or abusive language and repeated
calls designed to scare you into paying.
Chapter 7 - False & Misleading Tactics;
sixteen examples
The fair debt collection act outlines sixteen
false and misleading tactics used by collectors to intimidate you. It also
prohibits threatening arrest, imprisonment and seizure of funds or property
through garnishment or wage attachment and/or the sale of your personal
property.
Chapter 8 - Unfair Collection
Practices
The law prohibits the collection of more than the
authorized amount, certain uses of post-dated checks, sending post-cards, and
certain envelopes. Violators can be personally sued in civil court up to
$500,000!
Chapter 9 - Validating Debts after Initial
Notification
Debt collectors must, within 5 days of their initial
contact, provide you with specific information and documents including a
description of your right to dispute the debt and how to go about it.
Chapter 10 - Debt Payments Applied to
Accounts
When you owe more than one debt to the same collector,
your payments must be applied to the account you specify, rather than the
account the collector specifies.
Chapter 11 - Where Debt Collector have to file
lawsuits
Debt collectors who intend to take legal action against
you, must do so in the judicial district in which the property is located,
where you signed the contract, or where you reside, depending on the type of
debt!
Chapter 12 - Deceptive Collection Letters and
Forms
Debt collectors who use official-looking forms that appear to
be from a court, police, state or federal agency can face substantial penalties
in civil court!
Chapter 13 - Civil Liability for violation of
the FDCPA
Debt collectors who fail to comply with any provision of
the law can be personally sued for damages ranging from $1,000 up to $500,000!
To view the Fair Debt Collection Practices Act in it's
entirety please visit:
fair-debt-collection.com
Up
The Fair Credit Reporting Act is a federal law is designed
to protect consumers against unfair and illegal credit reporting tactics while
ensuring their credit privacy is protected.
Section 1681 - Introduction to the
FCRA
The Fair Credit Reporting Act - Learn how to use this law to
protect your credit history and repair credit reports!
Section 1681a - Definitions; rules of credit
reporting
Covers definitions and rules used throughout the Fair
Credit Reporting Act!
Section 1681b - Permissible purposes of consumer
reports!
Learn the legal purposes of consumer credit reports!
Section 1681c - Legal information in consumer
reports!
Learn what legal information can be contained in your
consumer credit reports and what must be removed, corrected, or deleted!
Section 1681d - Disclosure of investigative
credit reports!
Learn what your rights are when an investigative
report is prepared on you such as for employment!
Section 1681e - Compliance procedures
Learn how credit bureaus must comply with this law to protect your credit
history and fix inaccurate credit reports!
Section 1681f - Disclosures to governmental
agencies
Learn what can and cannot be disclosed to governmental
agencies!
Section 1681g - Title Disclosures to consumers
The Fair Credit Reporting Act spells out title disclosures to
consumers!
Section 1681h - Conditions of disclosure to
consumers
Credit bureaus can collect and furnish credit reports
only under these specific conditions; or face civil liability!
Section 1681i - Dispute procedures for
inaccurate credit reports!
Learn about your rights and procedures
when disputing the accuracy of credit reports.
Section 1681j - Charges for disclosures on
credit reports!
The Fair Credit Reporting Act sets the amount
consumers can be charges for credit reports!
Section 1681k - Public record information for
employment purposes
Learn what information in your credit report
is considered public record information for employment purposes!
Section 1681l - Restrictions on investigative
consumer reports
The law sets specific restrictions on
investigative consumer reports!
Section 1681m - Requirements on users of
consumer reports
All users of consumer reports have legal
requirements and responsibilities they must follow or face civil liability!
Section 1681n - Civil liability for willful
noncompliance!
Willful noncompliance subjects credit bureaus and
those who furnish them information to higher civil penalties!
Section 1681o - Civil liability for negligent
noncompliance
Credit bureaus and those who furnish them
information can be sued for civil liability - learn how much and under what
circumstances.
Section 1681p - Jurisdiction of courts;
limitation of actions
Learn which courts have jurisdiction over
your credit reports and their enforcement limitations!
Section 1681q - Obtaining information under
false pretenses
Obtaining information from credit bureaus under
false pretenses subjects the violator to stiff civil penalties!
Section 1681r - Unauthorized Disclosures of
Credit Reports!
Unauthorized disclosure of consumer credit reports
subjects the violator to civil penalties!
Section 1681s - Administrative
Enforcement
Learn how federal and state agencies enforce the Fair
Credit Reporting Act.
Section 1681s1 - Overdue child support
obligations
Under certain conditions, the Fair Credit Reporting
Act requires overdue child support obligations be reported for 7 years!
Section 1681s2 - Responsibilities of furnishers
of information
Furnishers of information to consumer credit
reporting agencies have specific legal responsibilities under the FCRA!
Section 1681t - Relation to State laws
Under certain conditions, your State laws may or may not protect your
credit reporting rights!
Section 1681u - Disclosures to FBI for
counterintelligence purposes
Learn what information is allowed to
be disclosed to the FBI for counterintelligence purposes!
To view this federal law in its entirety,
please visit
Fair-Credit-Reporting.com
Let us help you with your legal
concerns about
Consumer Protection Litigation - Contact Us
Today
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