I represent consumers whose rights have been violated by debt collectors, debt buyers, banks, credit unions and other creditors. If the violation of a statute can be established, attorney’s fees are payable by the offender, and the claim can be handled at no cost to the client.
Debt Collection Harassment and Abuse: The Fair Debt Collection Practices Act (FDCPA)
The FDCPA regulates “debt collectors,” which includes debt buyers and loan servicers who become involved in collection efforts after the consumer defaults. In California, the corresponding state law (the Rosenthal Act) also regulates the behavior of original creditors.
For more information about prohibited actions, click here.
Consumers have one year to file a lawsuit for violations of the FDCPA. This is a relatively short time-frame, and so it’s necessary to act quickly if you think you have a claim.
If you are the subject of abusive or unfair collection tactics, request a free consultation to discuss your circumstances. You may be entitled to up to $1,000 in statutory damages, plus compensation for financial losses and emotional distress that resulted from the violation.
Credit Discrimination: The Equal Credit Opportunity Act (ECOA)
The ECOA prohibits lenders from making credit decisions based race, color, religion, national origin, sex, marital status, age, or because an applicant receives public assistance.
Under the ECOA, a consumer applicant has the right to receive a response to a credit application within 30 days. If an application is denied, the business offering credit must send written notification of the reasons why it was denied.
If you have been denied credit, or an existing account that was in good standing was closed, but you were not notified of the reasons, you may have a claim under the ECOA.
To request a free consultation regarding a consumer rights issue, click here.