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Consumer Law

Experienced Carmel 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.

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