Consumer Protection

Creditors are prohibited from furnishing inaccurate or misleading information to the credit bureaus. The three main credit bureaus (Experian, Equifax, and TransUnion) are also required to maintain the accuracy and completeness of your reports. If you have an inaccurate account on your report, you have the right to dispute that inaccuracy and the credit bureau and creditor are required to investigate and correct the error. If you have been dealing with inaccuracies due to your bankruptcy, a paid or settled account, or if you are the victim of identity theft or fraud, please do not delay in contacting us.

The FDCPA strictly regulates how debt collectors practice business. It prevents abusive, deceptive, or unfair tactics while trying to collect a debt. Prohibited acts include: phone calls before 8am or after 9pm, repetitive phone calls to annoy or harass, calling your place of employment after the creditor has been told not to do so, calling you after the debt collector knows you are represented by an attorney, failing to identify themselves as debt collectors, and the use of profane language, threats, lies, or illegal action.

The TCPA governs practices around telemarketing and autodialing (robocalls). Companies must have your prior consent in order to call your cellphone with an autodialer. Further, the TCPA requires companies to stop using an automatic dialer when you ask them to stop.

The FCBA requires credit card issuers to promptly reflect payments and correct mistakes on your bills and credit card statements. It also establishes a method to dispute billing inaccuracies and unauthorized charges. These disputes are very time sensitive so do not delay in enforcing your rights.

The CROA set out requirements for any company who offers credit repair services. There are a number of ways these companies can violate the CROA, including: requiring payment from you before providing services (upfront fees or setup fees), not providing you the right to cancel within 3 days, not providing a clear description of services and a deadline or estimated completion date, or attempting to get you to waive your rights under the CROA. If you have worked with a credit repair company and believe they may have violated your rights, contact us for help.

The EFTA provides protection to consumers transferring money electronically, including use of debit cards, withdrawals from banks, and use of automated teller machines (ATMs). Rights of consumers under the EFTA include a clear fee notification prior to completing the transaction, disclosure of terms and conditions, full disclosure of all other important information, and instructions on stopping payment. If your bank has failed to stop payment, made a mistake during processing, or failed to credit an account, you may have a claim.

In addition to the above federal statutes, we also enforce a variety of state equivalent statutes such as the Texas Fair Debt Collection Practices Act and Deceptive Trade Practices-Consumer Protect Act, Oregon Unlawful Debt Collection Practices Act, and California Consumer Privacy Act. For information on our Fair Credit Reporting Act services, please click here.