Experienced Indianapolis Lawyers for Consumers
Most people do not know about or understand the many protections afforded
to consumers under state and federal law. Sometimes you might feel that
the treatment you are receiving is not right, but you don’t know
that it might very well be unlawful.
Our consumer attorneys can help enforce your rights under a number of laws
designed to protect consumers. Violations of these laws can subject the
offending companies or persons to damages set by statute, actual damages
you suffer, and attorney fees you incur to enforce these rights.
Fair Debt Collection Practices Act (FDCPA)
This federal law protects consumers from a number of unlawful practices
in the collection of consumer debt incurred primarily for personal, family
or household purposes (such as credit cards, auto loans, medical bills,
mortgages). This law attempts to enforce the values of honesty, privacy
and respect in the collection of consumer debt. To that end, the FDCPA
prohibits, among other things –
- Collection telephone calls at inconvenient times and places;
- Discussion of your debt with other persons who you have not authorized
to speak with collectors;
- Harassment in the form of threats or repeated telephone calls;
- Misrepresentation of the amount or nature of the debt, the identity of
the person collecting, the means by which the debt can be collected, or
the consequences of non-payment.
Fair Credit Reporting Act (FCRA)
This federal law sets forth duties and procedures required to be followed
by credit reporting agencies (Experian, Equifax, Trans Union and other
specialized reporting agencies) agencies and the companies that furnish
information to them which is reported on credit reports, to ensure the
accurate reporting of existence, amount of, and status of consumer debt.
It specifically sets forth requirements for –
- Disclosure by credit reporting agencies of information in your credit file;
- Accurate reporting of consumer debt by credit reporting agencies;
- Procedures for reinvestigation of consumer debt by credit reporting agencies
and furnishers when a consumer disputes the accuracy of information in
a credit report;
- Blocking of information inaccurately reported on a credit report as a result
of identity theft;
- Exclusion or removal of certain information from a credit file after a
certain number of years.
Telephone Consumer Protection Act (TCPA)
This federal law has most recently been used to prohibit most prerecorded
or autodialed calls and text messages to your cell phone without your
prior express consent. It operates in tandem with similar state laws and
DO NOY CALL lists in an effort to prevent unwanted telephone communications
from debt collectors and telemarketers.
Soldiers and Sailors Civil Relief Act (SSCRA)
This law provides various kinds of protections to military service members
and their dependents in areas as diverse as a termination of pre-service
property lease agreements, 6% caps on certain interest rates, stays of
certain civil proceedings, protection from eviction from leased housing
and certain kinds of enforcement of installment contract and auto leases,
and enforcement of other kinds of liabilities, obligations and taxes.
Entitlement to these protections depends on service status and timing.