Certain Debt Collection Practices can be Violation of the Law
Have you been harassed by a debt collector? Debt collectors are required to abide by strict rules under both Florida Law and Federal Law. Those rules are designed to protect both the consumer and the integrity of the American credit system. If an unscrupulous debt collector is harassing you, Boyer Law Firm can help you fight back.
What type of conduct is prohibited?
Debt collectors cannot:
• Telephone you an unreasonable number of times
• Telephone you at any unusual time or unusual place
• Disclose information about your debts to third parties
• Use profane or other abusive language
• Contact you after written notification that you do not want to be contacted any further
• Claim to be affiliated with any governmental organization
• Misrepresent the character, amount or legal status of a debt
• Threaten to take any action that cannot be taken legally
• Accuse you having committed a crime
• Threaten or communicate false credit information
• Attempt to collect until honoring your request to validate
• Use deceptive methods to collect debts
• Call you before 8:00 a.m. or after 8:00 p.m.
• Call you, but not announce who they are
• Talk to your employer about your debt
• continue collection efforts until honoring a request by you to validate the debt
What are my rights under the debt collection laws?
Within five (5) days of the first communication by a debt collector to a consumer, the debt collector must give the consumer a 30 day notice of the right to dispute the debt. If the consumer provides written notice of her intention to dispute the debt, then the debt collector must stop all collection activities until it obtains and provides the consumer with verification of the debt.
Regardless of whether you dispute the debt, you can ask the debt collector to stop all contact. If you do this, the debt collector can only contact you one more time to inform you of whether it intends to file a lawsuit.
How can an experienced fair debt collection practices attorney help me?
If you have been harassed by a debt collector, an experienced attorney will be able to sue on your behalf for damages and a penalty of up to $1,000. If you prevail, the debt collector has to pay attorneys’ fees and court costs, as well.
If you have been harassed by a debt collector, Boyer Law Firm can help you. You will be able to speak directly to an attorney.
Fair Credit Reporting Your Right to a Fair and Accurate Credit Report
The nation’s credit reporting system is in crisis. Credit bureau insiders have estimated that over 50% of all credit reports have errors. Those errors are costing consumers millions of dollars in unfair interest rate charges and lost credit opportunities. Unfortunately, the bureaus are so overburdened with information that consumers have little chance of being heard when they have a dispute. You have a right to a fair and accurate credit report under the law. Whenever a consumer reporting agency prepares a consumer report, it must follow reasonable procedures to assure maximum possible accuracy of the information concerning the consumer.
The First Step to a Fair and Accurate Credit Report: Obtain a Copy of Your Report
As our society becomes increasingly dependent upon the information contained in credit reports, it is critical that every consumer check their credit reports on a regular basis. Free credit reports are available in the following circumstances:
1. Once per year. 2. Within 60 days of being denied credit. 3. If you have been the victim of identity theft. 4. If you are unemployed and plan to look for a job in the next 60 days 5. If you are a recipient of public assistance
To get your free annual copy of your credit report, you can download the form found at http://www.ftc.gov/bcp/conline/include/requestformfinal.pdf and send it to the following address:
address: Annual Credit Report Request Service P.O. Box 105281 Atlanta, GA 30348-5281 Or call the Annual Credit Report Request Service at 877-322-8228.
If you have been denied credit in the last 60 days, the company that denied you credit must send you an “adverse action notice.” That notice will instruct you on how to obtain a credit report from the bureaus that reported the negative information.
If you have already exercised your right to a free credit report this year, call the following numbers to buy a copy of your report. The bureaus may charge no more than $9.50 for a copy of your report.
Equifax: 1-800-525-6285 Experian: 888-EXPERIAN (888-397-3742) TransUnion: 1-800-680-7289
Always ask for a copy of your credit report by regular mail and not over the internet. The terms and conditions that the credit bureaus force you to consent to over the internet can be unfair. For example, the Bureaus may try to force you to waive your Constitutional right to a trial by a jury should you have a dispute with them. Such a waiver would prejudice your right to a free and fair hearing.
How to Address Credit Report Errors
If your credit report contains errors, you can and must write a dispute letter to the credit bureaus. The credit bureaus have an obligation to conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate. After the reinvestigation, the credit bureaus must record the current status of the disputed information or delete the item from your file before the end of the 30-day period after it received notice of the dispute. If the credit bureau does not correct or delete the information, then the Fair Credit Reporting Act gives you the right to sue for damages. The Fair Credit Reporting Act also provides that the credit bureaus must pay attorneys’ fees and court costs.
Identity Theft
If you have been a victim of identity theft, you should request that fraud alerts be appended to your credit reports immediately. The contact information for the three credit bureaus is as follows:
Equifax: 1-800-525-6285 P.O. Box 740241 Atlanta, GA 30374- 0241 Experian: 1-888-EXPERIAN (397-3742) P.O. Box 9532 Allen, TX 75013 TransUnion: 1-800-680-7289 Fraud Victim Assistance Division P.O. Box 6790 Fullerton, CA 92834-6790
Warning: Stay Away from “Credit Repair” Companies
There are hundreds of companies that will promise to “fix” your credit for a fee. These companies routinely promise more than they can deliver. Additionally, the dispute process is not something that you should have to pay for. The law states that the credit bureaus must conduct a reasonable reinvestigation of disputed information “free of charge.” Call an experienced Fair Credit Reporting Act attorney before entrusting your credit reputation to a “credit repair mill.”
Links
Two of the best and most useful sites on credit issues and identity theft are: The Fair Trade Commission’s Website on Credit, which is found at: http://www.ftc.gov/bcp/menus/consumer/credit.shtm The Privacy Rights Clearinghouse which is found at: www.privacyrights.org
