The FCRA & Consumer Protection

Whether you have been victimized by erroneous background or credit reports, deceptive and unfair trade practices, fraudulent charges, or creditor/debt collector abuse, we may be able to help you correct the situation and/or obtain compensation for the wrongs done to you.

There are a variety of consumer protection laws that may apply to your situation:

• Fair Credit Reporting Act (“FCRA”) — Today over 90% of companies require prospective employees to submit to a background report.  This is also often true for folks trying to lease a dwelling.  Errors in background reports can lead to consumers being denied employment or housing.  Moreover, errors in credit reports can lead to consumers being denied loans, including mortgage loans, or paying higher interest rates.  Under the FCRA, companies which prepare these kinds of reports, known as consumer reporting agencies, have an obligation to follow reasonable procedures to ensure maximum possible accuracy of these reports.  Under the FCRA, some information, even if accurate, can become too old to be reported.  Moreover, consumers have the right to dispute errors in these types of reports and the reporting agencies, as well as the furnishers of this information have an obligation to investigate these disputes and remove the disputed information if it can’t be verified as accurate.  If you are denied employment, housing, or a loan or have to pay a higher interest rate due to an erroneous consumer report of the types discussed above, we can help you.  As discussed more-fully on the Results page of this website, we obtained a jury verdict of $3.55 million (plus fees which are yet to be awarded) which resulted in the largest judgment ever obtained by an individual under the FCRA.  See Palm Beach Post article regarding case.  We invite you to watch these videos answering frequently asked questions about the FCRA:  what is the Fair Credit Reporting Act?; what can I do if there is erroneous information in a background report about me?; can a lawyer help me remove erroneous information in a background report about me?; what can I do if there is erroneous information in a credit report about me?; and can a lawyer help me remove erroneous information in a credit report about me?
• Florida’s Deceptive and Unfair Trade Practices Act (FDUTPA):  As the name suggests, FDUTPA is a Florida law designed to protect consumers from deceptive and unfair practices such as a “bait and switch,” where a consumer is promised and pays for one thing and receives another.  Please feel free to watch our videos:  what is the Florida Deceptive and Unfair Trade Practices Act?; and what can I do if I am a victim of a deceptive or unfair practice?
• Fair Debt Collection Practices Act (FDCPA) and Florida Consumer Collection Practices Act (FCCPA) — Under the FDCPA, debt collectors, and, under the FCCPA, debt collectors and creditors do not have the right to harass you to collect debts. They are not permitted to release false information about your outstanding debts to anyone, including your employer or a credit reporting agency.  We invite you to watch these videos answering frequently asked questions about the FDCPA and FCCPA:  what are the Fair Debt Collection Practices Act and the Florida Consumer Collection Practices Act?; and what can I do if a creditor or collector violates the Fair Debt Collection Practices Act of Florida Consumer Collection Practices Act?
• Fair Credit Billing Act — Creditors are responsible for correcting billing errors with due diligence.  When your creditor has failed to reverse unauthorized charges, charged the wrong amount, charged you for merchandise you never received, failed to post payments and other credits, failed to send bills to your current address before they came due, or failed to provide you with written proof of purchase, I can help.
  
• Truth in Lending Act — Your creditors are required by law to explain — conspicuously, in print — the precise terms of any loan, including the amount being financed, the required minimum monthly payment, the number of payments to be made and the annual percentage rate (APR).  If you discover that a loan you were led to believe was a fixed rate loan is actually a variable rate loan, you may have a claim against your creditor.
• Real Estate Settlement Procedures Act — Mortgage lenders are not allowed to advertise low interest rates but then charge high rates through their affiliates for a kickback.  Such bait-and-switch tactics are illegal.  As a consumer, you can sue if you have been a victim of deceptive real estate practices.
• U.S. National Do Not Call Registry — Registrants with the U.S. National Do Not Call Registry have a right not to receive unsolicited calls from telemarketers. If your right has been violated, I can help you take legal action.

We have handled many consumer protection actions.  Please feel free to contact us for a consultation with no cost or obligation to you toll-free at 866-452-9400 or at 561-242-9400 or by E-mailing me by filling in the boxes above.