We Protect You From Unfair Business Practices

Consumer protection law covers a wide range of practice areas, but its overall mission is to safeguard buyers of goods and services from unfair business practices. Consumer protection law consists of common law, as well as state and federal statutes. The Federal Trade Commission (FTC) is the entity that is tasked with enforcing these statutes and protecting consumers’ rights. Within the FTC, the Consumer Protection Bureau is the entity that directly addresses consumer complaints and actually enforces consumer protection statutes.

Consumer law covers such areas as debt collection statutes, deceptive trade practices, fair credit reporting, auto fraud, and credit and banking statutes.

Common Consumer Protection Claims

Fair Debt Collection

The Fair Debt Collection Practices Act (FDCP) deals with third party debt collectors or collection agencies, and how they deal with those they are trying to collect debts from. The FDCP only covers debt accrued for personal, family, or household purposes, and does not cover business debts. Debt collectors cannot harass you or use abusive language, such as swearing. They also can’t threaten to harm you or your property, and can’t falsely threaten you with actions they don’t intend to take.

Debt collectors can’t call you at unusual or convenient times. In general, debt collectors can’t call you before 8 a.m. or after 9 p.m. and must stop communications with you once you’ve sent them a written cease and desist letter or informed them that you’re represented by an attorney. In most cases, collectors can’t inform your family, friends, or neighbors of your debt. Debt collectors can contact you at work, but not if your employer prohibits it.

Know What Your Rights Are

Depending on which state you live in, debt collectors may be able to garnish your wages or take money out of your bank accounts or any benefits you may have. In California, this is allowed, but only after they’ve sued you and a court has entered a judgement against you for the amount you owe. In certain states, like Texas, wage garnishment is never allowed. If you are being threatened with wage garnishment, it’s important to contact a qualified consumer protection attorney.

Fair Credit Reporting Act (FCRA)

Common legal claims associated with the FCRA include failure to correct errors in a person’s credit reports, failing to properly investigate a person’s dispute of a credit report, and creditors supplying information to a consumer reporting agency that it knows, (or should have known) were inaccurate. Examples include:

  • Failure to report that a debt has been discharged in bankruptcy

  • Reporting old debts as new or re-aged

  • Reporting an account as active when it has been voluntarily closed by a consumer

  • Reporting information that is more than seven years old following bankruptcy, or 10 years old following a civil judgement

  • Reporting a payment as late when it was made on time

  • Misstating a balance due

  • Reporting a debt as charged off when it was settled or paid in full

  • Listing a consumer as a debtor on an account when they were only the authorized user

  • Supplying credit information on an account where identity theft was previously reported

Free Claim Evaluation

The legal team at Attain Law is always willing to lend you their ear. Your initial consultation is at no cost and comes with no obligation.

FREE CLAIM REVIEW

Telephone Consumer Protection Act (TCPA)

The TCPA mainly deals with robocalls to cell phones. Businesses are allowed to robocall your cell phone, but only if they have your express consent. What many people don’t realize, is that you are giving your express consent when you fill out a credit application and you provide your cell phone number. However, you are legally allowed to revoke that consent at any time, simply by saying “Quit calling me.”

Motor Vehicle Fraud

Motor vehicle fraud may involve lemon law claims (go to the Attain lemon law page) and can also involve failure to disclose manufacturing defects. For used cars, motor vehicle fraud can involve failure to disclose prior accident damage, flood damage, etc.; and title issues, such as selling a vehicle when the seller does not legally have possession of the title.

Odometer rollback is another common type of vehicle fraud. If the odometer was rolled back at some time and this is not disclosed, or if the odometer is not reading correctly, it can result in a civil vehicle fraud claim.

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LEGAL DISCLAIMER

The information provided in these pages is not legal advice, and should not be relied on as such. The content on these pages contains attorney advertising, is for informational purposes only, and is meant as a starting point on your search for answers to your legal questions. Because laws are constantly changing and evolving, we cannot guarantee that all information contained in this website is up to date at all times. Therefore, we recommend that you contact an experienced and competent attorney in your area to properly advise you in regard to your legal matters. When you speak with our attorneys and staff, all information you provide us with is held in strict confidentiality. We do not officially represent a client until an official agreement is signed by all parties involved. Nothing in this website should be understood as creating an attorney-client relationship. We may offer any person a no-obligation initial consultation. This in no way obligates us to represent you, or to answer any specific questions. We reserve the right to deny a consultation to anybody, for any reason. We are only licensed in California, and therefore can only legally represent persons who seek help regarding California laws.