Consumer Law

CONSUMER LAW AND CONSUMER FRAUD


Debt Collection Violations

Have you been harassed by a debt collector?

Debt collectors are required to abide by strict rules under both Florida Law and Federal Law. Those rules are designed to protect both the consumer and the integrity of the American credit system. If an unscrupulous debt collector is harassing you, we can help you fight back.
  • Debt collectors cannot:
  • Telephone you an unreasonable number of times
  • Telephone you at any unusual time or unusual place
  • Disclose information about your debts to third parties
  • Use profane or other abusive language
  • Contact you after written notification that you do not want to be contacted any further
  • Claim to be affiliated with any governmental organization
  • Misrepresent the character, amount or legal status of a debt
  • Threaten to take any action that cannot be taken legally
  • Accuse you having committed a crime
  • Threaten or communicate false credit information
  • Attempt to collect until honoring your request to validate
  • Use deceptive methods to collect debts
  • Call you before 8:00 a.m. or after 8:00 p.m.
  • Call you, but not announce who they are
  • Talk to your employer about your debt
  • Continue collection efforts until honoring a request by you to validate the debt

What are my rights under the debt collection laws?

The debt collector must give the consumer a 30 day notice of the right to dispute the debt. If the consumer provides written notice of her intention to dispute the debt, then the debt collector must stop all collection activities until it obtains and provides the consumer with verification of the debt.

Regardless of whether you dispute the debt, you can ask the debt collector to stop all contact. If you do this, the debt collector can only contact you one more time to inform you of whether it intends to file a lawsuit.
How can an experienced fair debt collection practices attorney help me?

If you have been harassed by a debt collector, an experienced attorney will be able to sue on your behalf for damages. If you prevail, the debt collector has to pay attorneys' fees and court costs, as well.

If you have been harassed by a debt collector, we can help you. Please call or email us today. You will be able to speak directly to an experienced attorney.

Fair Credit Reporting

The nation's credit reporting system is in crisis. Credit bureau insiders have estimated that over 50% of all credit reports have errors. Those errors are costing consumers millions of dollars in unfair interest rate charges and lost credit opportunities. Unfortunately, the bureaus are so overburdened with information that consumers have little chance of being heard when they have a dispute.

You have a right to a fair and accurate credit report under the law. Whenever a consumer reporting agency prepares a consumer report, it must follow reasonable procedures to assure maximum possible accuracy of the information concerning the consumer.

As our society becomes increasingly dependent upon the information contained in credit reports, it is critical that every consumer check their credit reports on a regular basis. Free credit reports are available in the following circumstances:

Equifax: 1-800-525-6285

Experian: 888-EXPERIAN ( 888-397-3742)

TransUnion: 1-800-680-7289

Always ask for a copy of your credit report by regular mail and not over the internet. The terms and conditions that the credit bureaus force you to consent to over the internet can be unfair. For example, the Bureaus may try to force you to waive your Constitutional right to a trial by a jury should you have a dispute with them. Such a waiver would prejudice your right to a free and fair hearing.

Identity Theft

If you have been a victim of identity theft, you should request that fraud alerts be appended to your credit reports immediately. The contact information for the three credit bureaus is as follows:
Equifax: 1-800-525-6285
Call: 1-800-525-6285
P.O. Box 740241
Atlanta, GA 30374- 0241
Experian: 1-888-EXPERIAN (397-3742)
P.O. Box 9532
Allen, TX 75013
TransUnion: 1-800-680-7289
Call: 1-800-680-7289
Fraud Victim Assistance Division
P.O. Box 6790
Fullerton, CA 92834-6790
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