Employment law and consumer protection, explained by the attorneys who litigate it. Straight answers on your rights at work and in the marketplace.
Consumer Rights
If the creditor has hired a collection agency and the collection agency (not the creditor) is sending you excessive text messages, that is a violation of the Fair Debt Collection Practices Act, (FDCPA). If the text messages are from the creditor (not a hired collection agency), the federal FDCPA does not apply. However, you may still be able to get protection […]
Consumer Rights
1. If I file a chapter 7 or a chapter 13 bankruptcy will I ever get credit again? Yes, it is possible. However, we caution jumping right back into debt to avoid ending up in the same situation. Many people start building their credit back up with secured credit cards. Also, time will help, the Bankruptcy becomes less significant the further […]
Consumer Rights
Losing your home can be a very traumatic experience and often times a homeowner ends up in the predicament through no fault of their own. In this tough economy many hardworking people have found themselves either under-employed or unemployed for years. They try to take whatever jobs they can just to get by, but often […]
Consumer Rights
If you are receiving calls from debt collectors, whether they are your debts or not, (sometimes debt collectors have the wrong contact information, but do not believe you when you tell them they have the wrong person) you should make a habit of doing the following: DO NOT THROW ANYTHING AWAY. Keep all letters, including the envelopes sent to you. Having […]
Consumer Rights
A creditor is never allowed to harass you and the law provides many remedies for consumers who are being harassed by rogue debt collectors. If you are in bankruptcy, the laws governing creditor communication are even tougher. It is a violation of the bankruptcy “automatic stay” for creditors to contact a person in bankruptcy about paying most debts […]
Consumer Rights
The Fair Debt Collection Practices Act, (FDCPA) prohibits collectors from collecting any amount unless the agreement you signed when you took out the loan states that they can add fees, penalties, etc. for such amounts to be legal. If the contract doesn’t specifically say that fees, penalties or other “extras” are allowed, they can be added if such a […]
Consumer Rights
The Fair Debt Collection Practices Act, (FDCPA) does not specifically prohibit debt collectors from using Facebook, Twitter or LinkedIn to locate and contact you about your debt. Under the FDCPA, you are entitled to privacy about your debts. For example, debt collectors aren’t allowed to publish your name, contact you by postcard, or call your friends and family members to tell […]
Consumer Rights
The following is a step-by-step explanation of Chapter 7 bankruptcy process after meeting with me: A bankruptcy petition and schedule will be prepared You must complete a short online credit counseling class Filing of the bankruptcy petition and schedules We will attend the 341(a) meeting of the creditors (30 – 45 days after filing bankruptcy), together Await bankruptcy discharge order from […]
Consumer Rights
The Federal Trade Commission enforces the Fair Debt Collection Practices Act, which prevents debt collectors & bill collectors from using abusive tactics collect debts. Under the FDCPA, there are many things debt collectors cannot do. Some are: Contact you before 8:00 a.m. or after 9:00 p.m, Contact you at work, Contact you after you’ve notified them in […]
Consumer Rights
If a debt collector is harassing you to make a payment, you may decide to give them a post-dated check to get rid of them because you are expecting to get the money soon. Often times, the debt collector will promise not to deposit it right-away in the hopes that you will send them a check. By law, […]
Consumer Rights
Many people assume that because of HIPAA, their medical bills are private and therefore can’t be turned over to a private collection agency. However, that is incorrect. Your medical bills can be turned over to debt collectors. The debt collector is not supposed to get your entire medical history, though. The doctor is only allowed to disclose the minimum amount […]
Consumer Rights
The town of North Riverside, Ill., has dubbed Oct. 31, “Halloween Party Time,” but only for children and only before 7 p.m. In South Hill, Va., if you are over age 12, masks, costumes or disguises are forbidden, even in a private home. Sanford North Carolina prohibits anyone over the age of 12 from appearing in public […]
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