Consumer Center

20 Illegal Debt Collection Practices – FDCPA Violation

February 14, 2018 by Consumer Center

When you owe debt to a collection agency, it is important to know what kinds of practices they can and cannot do. Sometimes, debt collectors will lie to or threaten you to collect payments. When this happens, you may be able to file a lawsuit against them to collect compensation for your troubles.

Read on to learn more about the Fair Debt Collection Practices Act to know and understand your rights when it comes to debt collections.

Twenty FDCPA Violations Debt Collectors Cannot Make

1. Asking you to pay more than you owe

Debt collectors may not lie or misrepresent the amount of debt that you owe. Any inaccurate representation of your debt is considered an FDCPA violation.

2. Asking you to pay interest, fees, or expenses that are not allowed by law

The debt collector may not ask you to pay any extra interest, fees, or expenses on top of your actual payment unless the contract specifically states so.

3. Calling repeatedly or continuously

It is considered harassment (one of FDCPA violations) if debt collectors are constantly calling you for debt collection purposes.

4. Using obscene, profane, or abusive language

Using any of these languages is considered a form of harassment and is against the law.

5. Calling you before 8:00 am or after 9:00 pm

A debt collector may not contact you any time they want. Unless the debt collector has your consent, the collector may not call you before 8 am or after 9 pm.

6. Calling you at times the collector knew or should know are inconvenient

Calling you at inconvenient times is an FDCPA violation. Debt collectors can only call you between 8 am and 9 pm (or at outside times if given prior consent).

7. Using or threatening to use violence if you don’t pay the debt

Debt collectors cannot engage in any kind of activities that are intended to harm or harass you.

8. Threatening action they cannot or will not take

A debt collector may not threaten an action they are not able to make against you, such as threatening to sue you for not paying your debts.

9. Illegally informing a third party about your alleged debt

Debt collectors are not allowed to tell anyone else about the debt you owe unless you have given prior consent, except to: your attorney, creditor, creditor’s attorney, a credit essay writer reporting agency, your spouse, or your parents (if you are a minor).

10. Repeatedly calling a third party to get your location information

While collectors are able to contact third parties to gather information about your whereabouts, they may not contact them more than once (unless they received incorrect information and need the correct one).

11. Contacting you at work knowing your employer doesn’t approve

It is a violation of FDCPA if a debt collector attempts to contact you at work if they know or can guess that your employer disapproves.

12. Failing to send a written debt validation notice

Collectors must send you a written debt validation notice within 5 days of the collector’s initial communication and must give you a notice for your right to dispute the debt within 30 days.

13. Ignoring your written request to verify the debt and continue to collect

When you send a written request to verify your debt, the collectors may not continue to collect debt from you. This is assuming that your request was made within 30 days of receiving your debt validation notice.

14. Continuing to collect on the debt before providing verification

When the debt collector receives your written dispute (#13), they must stop any attempts to collect your debt until you have received the verification notice.

15. Continuing collection attempts after receiving a cease communication notice

Once receiving your written request for the debt collector to stop further communication, the collector may contact you (via mail) one more time regarding either:

that any further attempts to collect debt will cease,
that they may take certain actions against you, or
that they will definitely take actions against you.

16. Claiming to be a law enforcement agency or suggest having connection with the government

Making false claims or statements is an FDCPA violation and may be prosecuted for such violations.

17. Falsely representing the amount you owe

This is an inaccurate and false representation of the debt you owe and can be used as a legal grounds to file a lawsuit against the debt collector.

18. Impersonating as a member of a credit bureau

Sometimes, the debt collector may identify themselves as a member of the IRS. Impersonating as such a member is against the law, unless the collection agency and the credit bureau are the same company.

19. Listing your debt for sale to the public

Publicizing a list of debtors (which you are a part of) is an FDCPA violation (except to a consumer reporting agency). It is considered a form of harassment or abuse against the debtor.

20. Falsely claiming that you’ve committed a crime

Unless you have actually committed a crime, the debt collector may not falsely represent or implicate that you have committed any crime or other behavior of sort to humiliate and disgrace you. This is an illegal practice for attempting to collect debt.

Stop Harassment – Speak To An Attorney

If you have experienced any of the 20 FDCPA violations above, you can stop further harassment and seek compensatory damages from the debt collectors by suing them. Speaking with an attorney can be extremely beneficial as the attorney will understand the situation you are in and figure out the best way to stop harassment and win you compensation for your troubles.

Improve Your Credit – Clear Credit Inquiries

January 24, 2018 by Consumer Center

credit inquiries

What is a credit inquiry and who makes them?

When you apply for a loan or other services, the business that you ask for credit or apply for service from will often check your credit history. Utility companies, lenders, insurance companies and credit card companies are just a few of the businesses that regularly check credit reports as part of their application process.

Credit Inquiry Definition

Each of the main credit bureaus — Experian, Equifax and TransUnion, keeps a record of all the companies that have requested your credit history report. When a company checks your credit report before deciding whether to loan you money or provide you with utility service, it is called making a Credit Bureau Inquiry.

Explanation of Credit Inquiries

Credit bureau inquiries stay on a person’s credit report for 24 months. This record is listed in your credit report in a section called Credit Inquiries. Each time an inquiry is logged in this part of your report, it can affect your credit score.

Ten percent of your credit score is based on credit inquiries that are listed on your credit report. So, one factor that lenders, mortgage companies, and creditors use when deciding whether to loan you money is the number of hard credit inquiries listed on your credit report. If there are a lot of hard inquiries on your credit report, a mortgage company might refuse your application or lenders may be reluctant to loan you money.

You might have difficulty getting approved for a new home or car. The reason is that lenders consider it a higher risk when consumers have shopped around for loans a lot recently. They might think that you’ve recently taken on a lot of new accounts, which might make it harder for you to afford the mortgage or loan application.

Erase Credit Inquiries

You are probably already aware that if you see incorrect information listed on your credit report, that it is essential to dispute that information. The same goes for inaccurate credit report inquiries too. If you see a credit report inquiry that you didn’t approve, it is essential to dispute this information as it can negatively affect your credit score.

Even though unauthorized credit report inquiries are not as commonly disputed as other errors, it is very much worth the effort to challenge these inaccuracies on your credit report. A lot of inquiries on your credit report could cause you to end up paying more for car insurance.

Or, you might end up with a cell phone contract that is not the best deal. Also, credit report increase that you don’t recognize could be a sign that someone is attempting to steal your identity. It is vital to erase credit inquiries from your report that are not accurate.

How To Check Credit Inquiries

The first step to erase credit inquiries is to check your reports. You have the right to request a free copy of your credit report every year from the three major credit bureaus — Transunion, Equifax, and Experian. Go to https://www.annualcreditreport.com/ and request copies of each report.

Next, comb through the information looking for inaccuracies. Pay attention to the section of the report titled “Credit Inquiries” or just “Inquiries.” Make a note of inquiries that you don’t remember making or authorizing.

To dispute credit report errors, it is best to hire a credit dispute lawyer to assist you. The reason why you should contact an attorney for help is that credit reporting agencies often don’t remove information when requested by consumers, even though they are required by law to remove inaccuracies on credit reports.

Many times, consumers have the right to file an FCRA lawsuit. An FCRA attorney can help you dispute the information, gather evidence, and follow up with legal action if the credit agencies do not remove inaccurate inquiries on your report.

Tips On How To Raise Credit Score

January 23, 2018 by Consumer Center

credit score

Consumers of United States, give yourselves a pat on the back. According to FICO, the average credit score has reached 700, the highest average since the recession in 2006. This means that on average, consumers in United States have seen an overall increase to their credit score.

If your credit score has not seen positive change, do not fret. There are habits you can make or change that will help you raise your credit score. But first, let’s take a look at the changes in consumer essay writers credit score in the recent years.

Recent History of Consumer Credit Score and Its Implications

There have been many changes in consumer credit score over the past years. By looking at the changes, we are able to make some assumptions about consumer behaviors.

Fewer Lower Scores and More Higher Scores

In general, there have been fewer consumers who had lower scores and more who had higher scores. This is good news, and it may indicate that more consumers are being responsible for their credit. With the Internet being more accessible, more people are able to find advice that will help with their credit situation.

Here are the average credit score changes from 2007 to 2017:

credit score

From this graph, consumers with…

Bad credit rating (300-549) have decreased by 3.6%.
Poor credit rating (550-649) have increased by 2.5%.
Good/Fair credit rating (650-750) have increased by 2.0%.
Excellent credit rating (750-850) have increased 1.5%.

It may seem bad that consumers with poor credit rating have increased, but the increase could have resulted from consumers moving out of the bad credit range into the poor rating. So, technically, this increase can be seen as a good sign.

Overall, the general trend of credit rating seems to be moving in a positive direction.

Behavior Changes You Can Make To Increase Your Credit Rating

A big part of why someone might have a poor credit score is because of their lifestyle. They might not have their priorities straight and spend their money on materialistic goods instead of saving it to pay their bills. Following these lifestyle changes may help you increase your credit score.

Pay Your Bills On Time

The key to reaching a perfect credit score involves paying your bills on time. Having delinquency on your credit report can lead to a big drop on your credit score, especially for those with higher credit scores. Fortunately, consumers with serious delinquencies of more than 90 days have been decreasing over the past 2 years.

If you wish to keep your credit rating from dropping, make sure you are able to pay your bills on time. Creating a budget might help!

Check Your Credit Report For Errors

Another change in behavior is checking your credit report to make sure there are no inaccurate information on it. Errors on your credit report can misrepresent you and can lead to a drop to your credit score.

For example, if you have a common name, the credit reporting agencies might report you as someone else with the same name. If the person with the same name has a long case of criminal record, it may reflect poorly on you even though you are not that person.

Take Care of Your Credit Score

You’ve now read and learned about some ways to keep your credit score in check. With these tips in mind, we hope that you are now better equipped to increase your credit score. With proper budgets and keeping your credit report free of errors, you will be able to raise your credit score.

Car Problems You Wish Someone Told You About

January 19, 2018 by Consumer Center

car problems

As you get excited about purchasing a new vehicle, here are some car problems to look out for before buying a car

Did you know that in 2016, there were over 17 million cars and trucks purchased in the United States alone, as reported by CNN Money. There were obviously more car purchases throughout the world, but the sheer volume of purchases in America is staggering. Between the combination of improved economic conditions, used car sales, and easy credit, more and more people are buying cars than ever before.

For this reason it is imperative to be more educated on what to look out for when buying a car, especially if you’re looking at used cars, or what might appear to be brand new cars.

From the outset, here are some obvious things to consider:

Make Sure the Dealership Discloses Prior Accidents

Sometimes, inventory moves very fast into the dealership that there might have been an overstep of not making note of the accident, so make sure you check for yourself as well
You are also able to find this information out independently on your own at www.carfax.com

Disclosure of Frame Damage

Frame damage can be a major issue but very easy to cover up, so make sure to look for and ask about detailed reports on frame damage

Prior Engine Defects and Major Repairs

These can be tedious to go through but if you really want the car or if its the only vehicle that fits your budget, then you need to ask and look for these items

Some of the Most Common Car Problems and Major Repairs to Look Out For:

Alternator problems
Fuel pump problems
Power steering problems
Carburetor problems
Ignition problems
Muffler problems
Exhaust problems

Troubleshooting Car Problems

In the event you decide to be intricately involved with your purchase transaction and the full experience of buying a car, you may want to consider learning about troubleshooting car problems. This could be a hands-on experience on your part at the dealership or as you’re inspecting it during your test drive, I’d recommend you be somewhat versed on how to test and tweak, or at the very least, know the lingo and where, how to look at things about the car.

AutoZone provides a very helpful set of steps and vocabulary for the general consumer to read up on and learn.

What To Do When You Identify An Issue

One thing no one can take from you is your knowledge. The fact that you have spent time reading, researching, and gathering data to educate yourself on buying a car is extremely significant. Knowledge becomes power when you’re able to apply it.

In the event of finding car problems during your search, you will now have the leverage to command a solid negotiation for a better price, or you are better equipped to be more secure about your purchase (knowing that the car has no problems after you spent the time to do your initial inspection).

When you identify and issue do these things:

Point it out to the sales manager
Voice your opinion and be diligent about your findings
Request that they fix it
Or simply find another car OR dealer that fits your criteria 🙂

Just In Case…

If you already purchased a vehicle and were too excited to consider the potential car problems to avoid and can actually verify several or multiple disclosures from above, then certainly give us a call and we will be happy to connect you to an Auto Fraud Attorney to help you through the aftermath 🙂

Give us a call or fill out the form available.

Call Us Today!

(818) 697-4295

Here’s How to be Mindful of Flood-damaged Vehicles Entering the California Marketplace

January 19, 2018 by Consumer Center

flood damage

The floods that took place in Florida and Texas have widespread ramifications on thousands of cars as flood damage have impacted vehicles in undetected ways.

Buyers Beware of Cars With Flood Damage

Be mindful of the situation you are in when considering purchasing a car from dealerships this year. There will be an influx of vehicles that have been damaged by flood waters entering into the marketplace, especially on the West Coast. There are thousands of cars that are estimated to have been impacted by the water damage. Many national insurance companies have already processed over a hundred thousand auto claims due to excessive water damage.

Many companies including AAA have been proactive about educating the general consumer on what to look out for when purchasing a car.

In theory, after such a devastating natural disaster, many flood-damaged vehicles can be quickly embellished and then put on the market for up to a year after a major flood. These vehicles are often not identified as flood-damaged vehicles which can be an issue further down the line. Most states require dealers to disclose any and all known flood damage but many do a squeaky clean job to refurbish the vehicle and clean up the obvious outward evidence, thus causing a major problem.

Things to look out for are:

Mud or residue under the dashboard
Musty odors inside the doors, in the cabin, or trunk
Mud behind or under hood components (alternator, starter motor, power-steering pump)
Sensitive electronics may be harmed as well
Effected air bags, anti-lock brakes

Most of these damages are either covered up or will not show up for days.

Here’s a great list provided by consumer reports.

How to Spot a Flood-Damaged Car

Water damage can be hard to detect, but Consumer Reports recommends that you look for some of these:

Inspect the carpets to see if they show signs of having been waterlogged, such as smelling musty or having caked-on mud. Likewise, brand-new carpets in an older vehicle may be another red flag.
Check the seat-mounting screws to see if there is any evidence that they have been removed. To dry the carpets effectively, the seats must be removed and possibly even replaced.
Inspect the lights. Headlights and taillights are expensive to replace, and a visible water line may still show on the lens or reflector.
Inspect the difficult-to-clean places, such as gaps between panels in the trunk and under the hood. Waterborne mud and debris may still appear in these places.
Look for mud or debris on the bottom edges of brackets or panels, where it wouldn’t settle normally.
Search around the engine compartment. Water lines and debris can appear in hard-to-clean places, such as behind the engine.
Look at the heads of any unpainted, exposed screws under the dashboard. Unpainted metal in flood cars will show signs of rust.
Check to see if the rubber drain plugs under the car and on the bottom of doors look as if they have been removed recently. That may have been done to drain floodwater.

If you have purchased a car with flood damage, contact us, and we’ll contact you to an auto fraud attorney who can help with your case. Call 818-697-4295.

Consumer Affairs

January 12, 2018 by Consumer Center

What Can Consumer Affairs Departments Do For Me?

Like many government agencies, the consumer affairs division can be a little bit confusing. Who are they and how can they help me? Simply put, the department of consumer affairs is there to protect and educate consumers like you.

For example, did you know that many of those annoying robocalls are illegal? The federal government has filed over 100 lawsuits against 600 companies trying to protect consumers like you, and that is just one of many responsibilities they have.

Before we get into all the functions of the consumer affairs division, let’s talk about names. Each state has its own consumer affairs division, and not all divisions names are the same. For example, California’s consumer affairs department is called ‘Department of Consumer Affairs’ label while states like Maryland and Texas call theirs ‘Consumer Protection Division’.

The federal government also uses the ‘Consumer Protection’ in their Bureau of Consumer Protection, which houses many different divisions of consumer affairs all under one large umbrella.

Call Us Today

Call (818) 697-4295

You Gotta Start Somewhere

The consumer marketplace is full of deceptive and fraudulent activities. Even the smartest consumers had to learn the basics first.

Learning From Consumer Affairs Department

An ounce of prevention is worth a pound of cure. Consumer affairs divisions operate under the same theory. They want to educate you about common scams and problems reported to them so you don’t fall into their traps. Consumer affairs offices routinely send out information to the media on common scams and problems. Some even have Facebook pages.

They are also available to talk to if you find yourself in a situation where something doesn’t feel quite right. If a contract seems odd or you believe the goods you are purchasing are not as advertised, call them and ask them if they can assist you with your situation. A good consumer affairs department will let you know how to deal with them.

Consumer Affairs Searchable Databases

Many states have searchable databases. Considering hiring a contractor to remodel your kitchen? Search your state’s database to see if there have ever been complaints filed against the company. Want to buy a new car, but not sure the salesman is giving you all the details? Search the database to see if the dealership has had any complaints.

Taking Consumer Complaints

Unfortunately, many people’s first experience with their local consumer affairs division is after something bad has happened. Scams today can be very sophisticated. Even smart, well-educated individuals have been scammed by an unscrupulous seller or internet hacker.

The consumer affairs division will take your complaint and help you work with the company to find a resolution that is suitable.

One thing to note: if no laws were broken, the company you are bringing a complaint against is not required to work with the consumer department. A good company wants happy customers, and most will at least participate in the process, but no guarantees are made to get the outcome you want.

The consumer affairs division may refer you to the Attorney General if they believe laws were broken or to a lawyer if the resolution isn’t satisfactory.

How to File a Complaint

Filing a complaint is a pretty simple process, and in most states can be done online.

Speak to the company first – The consumer affairs division will want to know you have attempted to resolve the issue on your own before bringing your complaint to them.
Collect your evidence – Get everything together before you begin the complaint process so it will be easy to file.
Fill out the complaint form.
Submit any supporting evidence – Do not submit original documents, always keep the original for your own records.

Once you have filed your complaint one of two things will happen.

In cases where no criminal activity is suspected, the consumer affairs division will send the complaint to the company and they will have a certain period to respond. The most common time frame is 30 days, but it varies by state.

In cases where criminal activity is suspected, your case will be moved to an investigator or the office of the Attorney General.

Consumer Affairs is For Your Protection

The Consumer Affairs Departments are there to protect you. They will take you through the education of laws and popular scams, and then through their complaint process. If you think you have been scammed or swindled, contact your local consumer affairs office.

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