Fair Credit Reporting Act Lawyers
Protecting Your Credit Rights
When it comes to your credit, information is of the utmost importance. Inaccurate information about past and current debts, current credit and other important aspects of your credit can have disastrous consequences. You could see a lower credit score, along with the inability to obtain further credit and other financial issues.
At Kazerouni Law Group, APC, our fair debt collection attorneys fight for people just like you in Costa Mesa and throughout California. Our attorneys have a thorough understanding of the Fair Credit Reporting Act (FCRA) and other legislation enacted to protect debtors. We take a strategic, aggressive approach and our lawyers will fight to protect you against violations of the FCRA.
What is the Fair Credit Reporting Act?
The FCRA establishes guidelines and standards for credit reporting agencies, creditors, and businesses that handle consumer credit information. It sets forth rules regarding the collection, accuracy, and use of consumer credit information. Key provisions of the FCRA include:
Accuracy in Reporting: The FCRA mandates that credit reporting agencies and data furnishers must maintain accurate and up-to-date information about consumers’ credit history. Inaccurate or outdated information can have serious consequences for individuals’ creditworthiness.
Privacy and Consent: The FCRA requires that individuals’ consent is obtained before their credit information is shared with third parties for certain purposes, such as employment background checks. It also protects consumer privacy by limiting who can access their credit reports.
Dispute Resolution: The FCRA provides a mechanism for consumers to dispute inaccurate or incomplete information on their credit reports. Credit reporting agencies are required to investigate and correct any errors within a reasonable time frame.
What Are Common Violations Of The FCRA?
The Fair Credit Reporting Act (FCRA) is a vital piece of legislation designed to protect the rights of debtors and ensure accurate reporting of financial information. It contains several provisions that address various aspects of credit reporting and debtors’ rights. Understanding these provisions is crucial for individuals seeking to protect their credit and financial well-being.
One of the most common violations of the FCRA involves inaccuracies in credit reporting. Credit reporting agencies and data furnishers may inadvertently or intentionally report incorrect information, such as late payments, accounts in collections, or erroneous account closures. These inaccuracies can significantly impact individuals’ credit scores and financial well-being. It may result in the denial of credit, higher interest rates, or even difficulty securing employment or housing.
If you have experienced a violation of your rights, talk with an attorney from our firm. Our lawyers are aggressive litigators who will fight for your rights. Many people with credit problems caused by inaccurate reporting feel like they don’t have rights or options. We have the experience and resources to help you.
Contact Kazerouni Law Group ∙ Free Case Evaluations
Even if you’re not sure whether there’s been a violation of the FCRA, talk with us. We offer free initial case evaluations. Our lawyers will examine your case to determine whether you could bring a claim. Call us at 800-778-2065 or fair debt collection attorneys to schedule your free case evaluation.
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Violations Of The Fair Credit Reporting Act
- Have you seen inaccuracies in your credit report?
- Have collectors been calling you about debts you’ve already paid?
- Have you received collections calls on debts that were discharged in bankruptcy?
Violations Of The FCRA
Our lawyers represent clients who have experienced FCRA violations involving:- Credit report errors: Obviously, credit reports need to be accurate. Even simple errors are not acceptable under the law.
- Identity theft: There are significant limits on the reporting of information after identity theft has been reported.
- Post-bankruptcy collections: Reporting agencies are prohibited from reporting debts that have been previously discharged through bankruptcy.
- Privacy violations: There are limits as to which entities the reporting agencies are allowed to release your information.
These are just a few of the rules on credit reporting under the Fair Credit Reporting Act. Learn more about the FCRA and call a lawyer right away if you think your rights have been violated.
Contact Kazerouni Law Group ∙ Free Case Evaluations
To schedule a free case evaluation, call 800-400-6808 or contact us online.Protecting Clients Against Fair Debt Collection Practices Act Violations
Typical FDCPA Violations
Though the FDCPA is a very technical statute and there are hundreds of ways that the statute can be violated, we have listed some of the most common violations for your convenience. Talk to a lawyer from our firm as soon as possible if you have experienced any of these from a collector:- Call you before 8am.
- Call you after 9pm.
- Call you at work more than once.
- Call third parties (the only person debt collectors can contact on multiple occasions apart from you is your spouse if you have one) more than once to try to locate you.
- Tell anyone else (apart from your spouse) that the collector is trying to collect a debt from you.
- Contact you after you have written to the debt collector and asked them not to contact you (there are more effective ways of doing this than merely sending a letter – for more information contact Kazerouni Law Group, APC today).
- Try and collect on a debt that is not valid [you would be surprised to know that this happens very frequently – usually the alleged debtor never owed the money or had settled the debt a long time ago and the debt collector is trying to double dip].
- Debt collectors cannot lie to you or use deceptive methods in trying to collect a debt (this is very vague and can be a great tool for you).
- Leave a message on an answering machine without saying that the collector is trying to collect a debt; he must leave his name and his company.
- Sue or even threaten to sue on a debt that you have not made a payment on for more than four years (CA – other states differ).
- Say or imply anything about arrest, going to jail, or the like.
- Threaten to sue you when the collector has no intention of doing so [this usually happens when you have been given a deadline to do something (usually make a payment) and if the deadline goes and they have not sued you, that is a violation].
- Threaten to garnish your wages without explaining that first the creditor must file suit and get a judgment.
- Say or imply anything about taking cars, furniture, or any other property and putting liens against your property – again a debt collector has to first sue you and obtain a judgment against you before it can do this.
- Sue you on the debt except a) where you live now or b) where you entered into the debt agreement.
- Embarrass you by saying things like: “You are a deadbeat; why don’t you pay your bills; you are a disgrace; why don’t you get rid of your spending spouse.” Things like that.
- Use profane or other abusive language.
- Shout, scream, or get angry with you.
- Give the impression that the caller or his company has some connection with the government, the courts, the police, other law enforcement, etc.
- Try to collect the wrong amount: add small fees, for instance.
- Threaten to deposit a post-dated check, particularly when the collector knows you do not have the money to cover the check. Typical situation: “Give us a check to stop the calls and we will hold it.” The perfect response to this should be: “The check is in the mail.”
- Call you repeatedly. A call a week is OK. More than one call a week is harassment. Certainly more than one call in the same day is an abuse, particularly if you hang up and the collector calls right back.
- Call you or anyone else (looking for you), after the collector knows you have an attorney.
- Ask you to pay more than you owe.
- Ask you to pay interest, fees, or expenses that are not allowed by law.
- Call at times the collector knew or should know are inconvenient.
- Use or threaten to use violence if you don’t pay the debt.
- Threaten action they cannot or will not take – an example of this is when the statute of limitations has passed and they threaten you with a lawsuit when that it is not a remedy to the collector at law
You do not have to tolerate creditor harassment. You have rights, and our attorneys can help you. We sue debt collectors for violating our clients’ rights. With decades of combined experience and knowledge in protecting clients from debt collection, we will take an aggressive approach to get you the results you need. Even if you have experienced some type of harassment not listed here, there is a chance you still have a claim. Our lawyers know the law and we can determine whether you have a viable case.