The Fair Credit Reporting Act – FCRA
Did you know one in four consumers have erroneous information reporting on their credit reports that are hindering their credit scores? That’s right, according to a study that was conducted by the Federal Trade Commission (FTC) one in four consumers identified errors on their credit reports that might affect their credit scores.
The FCRA, a federal law in the United States, governs the gathering, dissemination, and utilization of consumer credit data. It bestows specific rights upon consumers, including access to their credit reports, the ability to contest inaccuracies, and notification in cases of adverse actions based on their credit reports. Furthermore, the FCRA places obligations on credit reporting agencies, creditors, and users of consumer credit information to uphold accuracy and equity in the process.
If you find inaccuracies on your credit report, you have the right to dispute these items with the Credit Bureaus. Subsequently, both the Credit Bureaus and the entity that reported the inaccurate information must conduct an investigation and correct the erroneous data. According to a recent Federal Trade Commission survey, one in five people has errors and inaccuracies on their credit reports, which can lead to credit denials, higher interest rates, and employment denials. However, consumers have rights to address these issues.
Common FCRA violations include:
- Identity theft
- False information on background checks
- Falsely reporting as a member of the OFAC list
- Incorrect deceased indicator
- False late payments
- Balances showing as owed on paid debts
- Information that belongs to someone else (Mixed credit file)
- Failing to report an inaccurate item as disputed
- Incorrect dates of last payments
- Multiple reporting of the same debt
- Reporting an account that is beyond seven years old
If these errors persist on your credit report after your dispute, you may be entitled to compensation under the FCRA. The FCRA allows for actual damages, statutory damages of up to $1,000, and punitive damages. Additionally, the law requires Credit Bureaus and Furnishers to cover your attorney's fees, so you won't have out-of-pocket expenses when pursuing your case.
If you've been a victim of identity theft, the FCRA also provides protection. When you inform the Credit Bureaus that your identity has been stolen, they are obligated to investigate and remove items that do not belong to you. Failure to do so may make them liable for violations.
In cases of FCRA rights violations, you may be eligible for compensation, including actual damages, statutory damages up to $1,000, and punitive damages. The FCRA also mandates that the company responsible for the violations pays your attorney's fees and costs, reducing your out-of-pocket expenses.
You also have privacy rights under the FCRA that allow you to control who can access your credit history. Your credit report may only be requested for permissible purposes or with your permission. If someone pulls your credit without your consent, it could be a violation of the FCRA.
If your credit was pulled without your permission or if you believe your FCRA rights have been violated, consider reaching out for a free consultation with legal professionals who specialize in this area.
The Fair Debt Collection Practices Act - FDCPA
Did you know you could get paid for being harassed by debt collectors? That’s right, Debt collectors are prohibited from using deceptive, abusive, or threatening techniques when attempting to collect debts from consumers. These rules are outlined in the Fair Debt Collection Practices Act (FDCPA), which sets strict standards to ensure fair and respectful interactions between debt collectors and consumers. This legislation aims to protect consumers from unfair and harmful practices in the debt collection process.
The Fair Debt Collection Practices Act (FDCPA) is a federal law enacted by the United States Congress specifically to provide consumers with protections and rights when dealing with debt collectors. This legislation imposes strict regulations on the debt collection industry to ensure fair and lawful practices in collecting debts.
If you believe you've been a victim of debt collector harassment, it's essential to be aware of your rights and the potential violations. Some common illegal activities that debt collectors engage in that may violate your rights include:
- Continuing to collect on a debt that has already been paid.
- Seeking a larger amount than what is owed.
- Adding extra collection fees that are not justified.
- Contacting other individuals to discuss your debt.
- Making threats of wage garnishment or imprisonment.
- Reporting false information to your credit report.
- Attempting to collect a debt that has been discharged in bankruptcy.
- Sending threatening letters.
- Harassing you with an unreasonable number of phone calls.
- Collecting on a debt incurred when you were a minor.
If any of these actions have been taken by a debt collector, you have the right to pursue legal action against them. According to the FDCPA, you may be entitled to up to $1,000 in statutory damages, in addition to actual damages. Importantly, you will not be charged any legal fees because the law mandates that the debt collector pays your attorney's fees on your behalf.
The Federal Trade Commission stated that in 2021, 1.7 million people nationwide received payments totaling $483 million dollars to people as a result of these unlawful collection attempts. Don’t fall victim to abusive debt collection practices, reach out to us today to discover how we can support your rights and act as your advocates.
The Telephone Collection Practices Act -TCPA
Are you aware of the fact that you could be compensated for robocalls? The s a federal law in the United States that regulates various types of communications, including telemarketing calls, auto-dialed calls, prerecorded voice messages, and text messages. One of its key provisions is related to obtaining consent for certain types of communications, and it also establishes rules for the National Do-Not-Call Registry. Under the TCPA, consumers have the right to take legal action and potentially receive compensation if they receive unwanted and prohibited communications that violate the law. This provision serves to protect individuals from harassment and unsolicited communications.
The Telephone Consumer Protection Act (TCPA) is a federal law enacted by Congress to address and combat unwanted and intrusive phone calls from telemarketers and creditors. The TCPA places restrictions on creditors, debt collectors, and telemarketers by prohibiting them from making automated calls using a robo-dialer to your phone. If you have received telephone calls made by an automated system, characterized by prerecorded voice messages or a brief delay before a human operator comes on the line, you may have grounds to seek compensation under the TCPA.
Key points about the TCPA:
- Automated Calls: The TCPA restricts automated calls that are commonly associated with telemarketing, debt collection, and unsolicited advertising.
- Potential Compensation: If you have received such automated calls without your consent, the TCPA allows for potential compensation of up to $1,500 per call.
- Cease and Desist: Once you have informed the caller to stop making automated calls to your number, the TCPA mandates that they cease such calls. If they continue after your request, you may have grounds for legal action.
- Faxes and Texts: The TCPA also covers unsolicited faxes and text messages. If you receive faxes or texts from companies without your prior consent or if they persist after you have asked them to stop, your rights under the TCPA may have been violated.
If you believe your rights under the TCPA have been violated, you may be eligible for compensation. It's advisable to consult with legal professionals who specialize in TCPA cases to assess your situation and explore your options for pursuing a claim. Many attorneys offer free consultations to evaluate your case and provide guidance on seeking compensation for TCPA violations.
The Video Privacy Protection Act - VPPA
Do you surf the web often? Are you on social media platforms like Facebook? Well, your rights are likely being violated and you could be entitled to compensation (up to $2,500 per claim). VPPA (Video Privacy Protection Act) is a federal law in the United States that primarily focuses on safeguarding the privacy of video rental and sales records. It sets forth restrictions on the disclosure of an individual's video rental or sales history without their explicit consent, thereby aiming to protect the confidentiality of this type of personal information.
The VPPA, or Video Privacy Protection Act, is a federal law in the United States that primarily focuses on safeguarding the privacy of individuals' video rental and sales records. Enacted in 1988, this law was prompted by concerns over the release of Supreme Court nominee Robert Bork's video rental history during his confirmation hearings.
Key aspects of the VPPA include:
- Consent: The VPPA requires that individuals provide their informed, written consent before a video rental service provider can disclose their rental or sales records.
- Protection of Rental Records: It prohibits the knowing disclosure of an individual's video rental or sales history without their consent. This extends to both physical media rentals (like DVDs) and digital rentals or streaming services.
- Retention Period: Video rental service providers must establish procedures to destroy personally identifiable information as soon as it is no longer needed for the purpose it was collected.
- Enforcement: The VPPA allows individuals to bring civil actions against parties that violate their privacy rights under the act, seeking damages and legal fees.
Overall, the VPPA is designed to protect the privacy of individuals' video rental and viewing history, ensuring that this sensitive information is not disclosed without their explicit consent. It remains an important piece of legislation in the realm of consumer privacy.
The Americans With Disabilities Act – ADA
Have you ever been denied a public accommodation or experienced employment discrimination? Perhaps you've experienced an unjust denial of an employment opportunity, or came across an inaccessible website, reclaim your right to equal opportunity and access by allowing us to advocate for you today.
The ADA is a federal law in the United States that is designed to prevent discrimination based on disability. While its main focus is on issues related to employment and public accommodations, it can also have implications for various aspects of financial services and accessibility, with the goal of ensuring equal opportunities and access for individuals with disabilities.
The ADA, or Americans with Disabilities Act, is a significant federal law in the United States that aims to protect the rights of individuals with disabilities and promote equal access and opportunities in various aspects of public life. The ADA was signed into law in 1990 and has since undergone amendments to strengthen its provisions.
Key aspects of the ADA include:
- Title I - Employment: Title I of the ADA prohibits discrimination against qualified individuals with disabilities in employment matters. It requires employers to provide reasonable accommodations to qualified employees with disabilities and ensures equal access to job opportunities, benefits, and workplace conditions.
- Title II - State and Local Government Services: Title II mandates that state and local governments provide equal access to public services, programs, and facilities for individuals with disabilities. This includes accessible transportation, government buildings, and services such as public education.
- Title III - Public Accommodations: Title III requires that places of public accommodation, such as businesses, restaurants, hotels, and entertainment venues, be accessible to individuals with disabilities. It also covers the accessibility of commercial facilities and mandates the removal of barriers that may hinder access.
- Title IV - Telecommunications: Title IV addresses telecommunications services for individuals with hearing and speech disabilities. It requires the provision of Telecommunications Relay Services (TRS) to facilitate communication.
- Title V - Miscellaneous Provisions: Title V contains miscellaneous provisions, including protections against retaliation for exercising ADA rights and instructions for enforcing ADA regulations.
The ADA has had a profound impact on American society, making significant strides in ensuring that individuals with disabilities have equal access to employment opportunities, public services, and places of public accommodation. It has also influenced the design and construction of buildings and facilities to be more accessible to people with disabilities. The ADA continues to be an important tool in promoting inclusivity and equal rights for individuals with disabilities in the United States.
Consumer protection violations
Consumer protection laws are regulations and statutes enacted by governments to safeguard the interests and rights of consumers when engaging in commercial transactions. These laws are designed to ensure fair and ethical business practices, prevent fraud, and promote consumer safety and satisfaction. The specific details of consumer protection laws can vary from one country to another, but they typically address various aspects of consumer-business interactions.
Here are some common elements found in consumer protection laws:
- Product Safety: Laws often require that products meet certain safety standards, and they may establish procedures for recalls or product warnings when safety issues arise.
- Consumer Rights: Consumer protection laws usually outline the rights of consumers, such as the right to information, the right to fair treatment, the right to a refund or replacement for defective products, and the right to privacy.
- Advertising and Marketing: Regulations may govern how businesses can advertise products and services, including rules against false advertising, deceptive marketing practices, and unfair competition.
- Contract Terms: Laws may set limits on unfair contract terms, ensuring that contracts are clear and not overly one-sided in favor of businesses.
- Price Transparency: Regulations may require clear pricing, including accurate pricing displays, disclosures of hidden fees, and the availability of pricing information.
- Consumer Privacy: Laws often protect consumer data and privacy, addressing issues such as data breaches, unsolicited marketing communications, and the collection and use of personal information.
- Consumer Financial Protection: These laws may cover financial products and services, including regulations related to lending, credit reporting, debt collection, and banking practices.
- Consumer Complaints and Redress: Laws may establish mechanisms for consumers to file complaints, seek refunds or compensation, and resolve disputes with businesses.
- Unfair Competition: Consumer protection laws often address practices that can harm consumers through unfair competition, such as antitrust regulations and laws against monopolistic behavior.
- Consumer Education: Some laws promote consumer education and awareness to help individuals make informed choices and understand their rights.
At Zemel Law, LLC we emphasizes the importance of consumer awareness and the role that legal channels and professional advice can play when consumers believe their rights have been violated. Consulting with our law firm can indeed be a valuable step for consumers seeking remedies or pursuing legal action in cases of alleged violations of consumer protection laws. Our team of legal professionals can provide guidance, assess the merits of a case, and help consumers navigate the complex legal processes involved in seeking remedies.
It's crucial for consumers to understand their rights and available recourse options when they encounter issues related to product safety, deceptive advertising, unfair business practices, or breaches of consumer privacy. Being informed and seeking appropriate legal advice can empower consumers to assert their rights and contribute to a fair and safe marketplace.