Fair Credit Reporting Act: FCRA
ID theft issues on a credit report require that both the credit reporting agency and the creditor investigate the problem after you alert them. Also, certain information must be blocked from other creditors. Credit reporting agencies and creditors who ignore ID theft disputes can find themselves paying damages to the consumer. ID theft can happen to adults or children. The thieves don't care, and apparently neither do the credit report agencies or the creditors.
Credit report errors such as old data, another person's data, credit inquiries without your knowledge, etc... can cause you more of a problem than the credit industry would have you believe. Federal consumer law requires that credit report errors be investigated and corrected. Credit report errors can cause higher interest, credit denial, apartment denial and even job denial. If credit report errors are not timely corrected the credit agency and creditor can wind up paying the consumer damages.
UCC, UDAP and Wrongful Repossession: Georgia Fair Business Practices Act
After a creditor sells a repossessed vehicle they must send the consumer an 'explanation letter' disclosing the balance. Hidden charges are common and illegal. Often the creditor will not the send the letter and go straight to collection, which is also illegal.
Credit Repair/Debt Consolidation schemes: CROA Credit Repair Organizations Act
If you have been mislead about credit repair, a better credit report or increaseing your credit rating by anyone (credit repair or debt repayment specialist, or even a car salesman) you may have an action under the Credit Repair Organizations Act.
Fair Debt Collection Practices Act: FDCPA
The Fair Debt Collection Practices Act is the rule book for debt collectors, debt buyers and collection attorneys. The FDCPA covers phone calls to you, calls about you to others, letters, faxes, email and collection suits. It is officially known as 15 U.S.C. §1692. You should consider it your personal tool box of consumer rights. The FDCPA applies whether you owe the debt or not. Over 20,000 people a day drive past my office and I bet less than 5 of them know what their consumer rights are. This is why collectors have a field day collecting debt. See our link below for some of the FDCPA rules and some of the collection tricks.
The FDCPA is federal law. It provides that if a debt collector violates the collection rules they can be made to pay damages to the consumer and pay the consumer's attorney. We do not require any attorney fee upfront on FDCPA cases. Our fees will be paid by the debt collector.
Telephone Consumer Protection Act: TCPA
The TCPA prohibits a creditor or the debt collector from calling a person's cell phone using an autodailer or a prerecorded phone message, unless the person being called has given prior permission (called "prior express consent"). Violations of the TCPA can result in damages of $500 to $1500 per call. The TCPA is officially known as 47 U.S.C. § 227. Phone calls only cost a collector 2 cents, whereas a letter can cost 60 cents. The difference in cost? Approximately $500,000 per month to a large collector. It's cheaper to pay for the phone violations than it would be to mail letters. Collectors don't do anything without a reason.
Consumer laws such as UDAP, Ga FBPA, FDCPA, FCRA, TCPA, UCC Article 9, Georgia UDAP, TILA let you push back against predatory creditors.
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