Consumer Litigation FAQ

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What is Consumer Litigation?
What is Identity Theft ID?
What is the Fair Debt Collection Practices Act?
What if I am Served with Legal Papers?
What is Creditor Fraud?
What should I do about Errors on my Credit Report?

What is Consumer Litigation?
What is Consumer Litigation It is the legal field which focuses on the rights of individuals who’s trouble stems from some kind of consumer transaction. Credit cards, credit reports, lemon laws, car fraud, car warranty, student loan debt, fair debt collection, landlord-tenant, repossession, truth in lending, unfair and deceptive practices, usury, and more. The protections for the consumer stem from both common law and statutory schemes. This unfolding area of the law is largely due to the unfortunate way the massive corporations have changed their business models with regards to their customers (i.e. consumers). Due to the massive imbalance of power between the businesses and the consumer, Congress and state legislators around the country have passed laws which help protect the consumer.

What is Identity Theft ID?
Theft occurs daily and the it is becoming more and more common and the numbers are growing. In addition to the disaster and headache of having your ID stolen, the nature of the collection industry makes it worse. Amazingly, most of the time they don't care. Especially when it goes to collections. Sometimes they will stop collecting if you inform them of the identity theft, most of the times they won't. The bill will be generated (accurately or inaccurately) and once it is in the system it never gets out. It will be reported on your credit, and sold over and over again to possibly dozens of downstream credit buyers so many times you will lose track of where the debt is. You may talk to hundreds of people over several years and re-explain the facts to them, they will note the file, and someone else from a different collection agency will call you a month later and start harassing you again. Be vigilant, take notes about with whom you speak and when. Send all correspondence via certified mail, return receipt. Keep a file and keep it organized. If you can do nothing on your own, it is time to get an attorney involved.

What is the Fair Debt Collection Practices Act?
The debt collection industry was notorious for its abusive tactics in collecting a debt (and in many ways, still is). Collectors would show up at your home, tell your neighbors you were a deadbeat, post false legal papers on your door, call you at all hours of the night, call you dozens of times throughout the day, and more. Thus the FDCPA was passed. The FDCPA is designed to prevent such behavior and to provide the consumer with rights which make debt collection more fair. Indeed, it has generally worked. However abuse is still common. If you think your rights under the FDCPA have been violated then you should call an attorney.

What if I am Served with Legal Papers?
Call a lawyer at once or even the clerk of the court. Even though a clerk is not allowed to give you legal advice, they can help you understand the procedures involved in a lawsuit. Remember though, time is of the essence and you need to know how to proceed or otherwise protect yourself. But note that the if you owe the money, you owe the money and you will probably have to pay it. Consumer law protects you from how the creditor gets you to pay it (e.g., abusive collection tactics, fraudulent collection tactics, etc…), not whether or not you have to pay the debt. If you don't owe the debt, for whatever reason, you should contact an Attorney at Cohen & Cohen, P.C., as soon as possible to discuss your rights. Don't get bullied by a collection law firm into losing your rights and paying something you shouldn't have to. Protect your rights, you have more than you think.

What is Creditor Fraud?
If you have been served with papers, undoubtedly there is an "affidavit" attached as support of the debt. It is our position that 9 times out 10 that these are fraudulent and defamatory. It is extremely unlikely that the signor of the affidavit has personal knowledge of your account. The reason why they attach these affidavits is that Court's wont grant judgment without some form of proof. So if you don't show up for court (which most people don't), then the judge has support for awarding the creditor a judgment. But always remember, that the if you owe the money, you owe the money and you will probably have to pay it, regardless of the fraudulent affidavit. If you don't owe the debt, for whatever reason, you should contact an Attorney at Cohen & Cohen, P.C., as soon as possible to discuss your rights. Don't get bullied by a collection law firm into losing your rights and paying something you shouldn't have to. Protect your rights, you have more than you think.

What should I do about Errors on my Credit Report?
Credit has a major impact on our lives. The Consumer Reporting Agencies handle literally billions of transactions each year, they make mistakes, more often than you would think. If there is an error on your credit report there are specific steps you need to take before you can commence litigation. Contact an attorney at Cohen & Cohen, P.C., to learn more about how to protect yourself.