How to Use this Resource

We hope the articles below help you understand your rights as a consumer. You can scroll through the titles, or sort by Practice Area or Topic. You can also use the search feature to locate information by keyword.

Flitter Milz represents people with a variety of problems involving consumer credit and collections. If you have a particular question or believe your consumer rights have been violated, Contact Us for a no cost consultation.

Avoid Solar Panel Scams

The addition of solar panels to your home may sound like a great idea. From lower energy bills to a reduced carbon footprint, it’s the “green” thing to do.  However, you must assess whether it is the right decision for your home and your budget.

Consumers considering solar energy must take time to research the pros and cons of solar power, and then investigate the companies that sell, install and finance the panels. Do not feel pressured in to signing a contract for solar panels. Informed decisions make the best decisions.

Is the Solar Salesperson being truthful?

Many times, the sales process begins with an unsolicited call at your door.  You’re greeted by a salesperson that is personable and knowledgeable about the benefits of solar power.  They’re professional and trained to earn your trust. Most homeowners are persuaded with promises of free panels, reduced costs for energy, and low maintenance.

How did I end up in a contract for solar panels?

Maybe you aren’t completely sold on solar panels, and simply want more information about switching to solar power.  Beware. At this point of the presentation, the salesperson may casually suggest that you submit an application, just to see whether or not you qualify for solar panels. You’ll be offered an iPad or tablet to sign, and be told not to worry because you’ll receive copies of all documents by email.

Dangers of E-Signing 

Placing your signature or initials on an iPad, tablet, or phone may seem easy. However, your electronic signature or initials may be copied and affixed to a contract or other forms that you did not intend.

A signature on a contractual document or other written agreement, demonstrates that a party has read, understood and consents to the terms and conditions of the contract.

Before signing anything, insist on a paper copy of every document in advance.  Take time to read each document.  If the terms do not make sense, consult an attorney.

Written Permission to Access Credit Reports


Solar companies rely on financing to make solar panels available to consumers. Credit reports are accessed to evaluate a potential customer’s creditworthiness. The consumer must provide written permission for the solar company to obtain these reports.

If you do not want your credit accessed, do not provide your E-signature on an electronic device. That signature could be copied to a credit request form. Credit files accessed without permission could be a violation to the consumer’s rights under the Fair Credit Reporting Act (FCRA).  This federal law offers protections to consumers for the privacy and accuracy of their credit information.

Common Misrepresentations to the Consumer

Solar panels will be free.
Many salespeople tell consumers that solar panels are free. In most cases, they are not free; in fact, they can cost you $20,000 to $30,000, or more. And, you can be in a 20+ year contract to pay for the panels.  As well, the consumer will pay for electricity that is produced by the panels, usually through a lease or power purchase agreement.

Tax rebates 
Many times, the solar panel company may not want to sell you the panels. If you, the buyer, purchases the panels, you would receive the tax credit, not the solar company. If the solar company leases you panels and only promises to sell you the solar power, the solar sales company may receive the tax credit, not you, the homeowner.

Your Neighbors Are Doing It!
A popular tactic used by solar salespeople to gain credibility is to mention that your neighbor signed the same contract as the one offered to you.  Don’t feel pressured. Speak with your neighbor first and find out about his experience.

Four Important Steps to protect yourself from Scams: 

  • Research whether adding solar panels is right for you. You may wish to visit websites for the Federal Trade Commission, Consumer Financial Protection Bureau or the Department of Energy
  • Evaluate the reputation of solar providers — Solar panels companies, installers and finance companies.
  • Consult consumers who have entered solar panel contracts. Visit websites for the Better Business Bureau, your State Attorney General, Federal Trade Commission, or online consumer complaint forums.
  • Review the solar panel contract. Understand the terms and financial obligation. Get answers to your questions. Once you sign, you may be on the hook for 20 years or more.

Seek Legal Help from a Qualified Consumer Law Firm

Flitter Milz is a nationally recognized consumer protection law firm that evaluates solar panel sales matters for potential violation of the consumer protection laws involving fraud, such as forged contracts, identity theft and credit reporting privacy violations.  Contact Us for a no cost evaluation.

Pictured:  Cary Flitter (center), Andy Milz (left), Jody López-Jacobs (right).

 

Timeshare Deception Lawsuit: Jury Awards over $1M to Consumers

 Pictured:  Attorney Joe Solseng, Clients Jay & Carmen Seda, Attorneys Andy Milz & Dave Ricci

ATLANTIC CITY, N.J.Oct. 6, 2022 /PRNewswire/ — A Superior Court jury in New Jersey decided in favor of consumers deceived by timeshare seller FantaSea Resorts, awarding the plaintiffs a $1,069,285 verdict for the Atlantic City resort’s intentionally deceptive sales practices. The victory for consumers was championed by Schroeter Goldmark & Bender along with partners, Flitter Milz, PC and the Law Office of David Ricci.

The jury verdict will compensate a group of 19 plaintiffs whose consumer protection rights were violated by repeated misrepresentations throughout FantaSea Resort’s routine, deceptive sales practices. The jury agreed that FantaSea’s tactics left consumers with timeshare purchases they couldn’t use as described, with payments and rising maintenance fees they couldn’t escape.

“FantaSea stacked the deck against these families from the start,” said Joe Solseng, attorney with Schroeter Goldmark & Bender. “We’re grateful for the jury’s hard work and their willingness to hold FantaSea accountable for its systemic lies and deception, which turned a promised fantasy into a nightmare.”

In trial, FantaSea Resorts admitted to making knowingly false statements to lure potential buyers into binding timeshare sales agreements through a sales process that violated the New Jersey Real Estate Timeshare Act (RETA). According to court documents, FantaSea intentionally withheld important sales documents from the buyers until after they had completed the transaction, contrary to what they are legally required to do.

FantaSea, a participant in the Resort Owner’s Coalition (ROC) of the American Resort Development Association (ARDA) whose properties include its Flagship, Atlantic Palace and La Sammana resorts, also misled consumer plaintiffs into believing that their purchase was a real estate investment that would increase in value over time. Instead, plaintiffs in the suit found that they were not only unable to sell their timeshare purchase but that it had effectively no resale value.

“FantaSea Resorts had every opportunity to change its deceptive practices and comply with consumer protection laws before these plaintiffs were forced to bring this lawsuit against them. These families simply wanted out of these oppressive contracts, but FantaSea doubled down  on their deception and made these families bring their case to trial. We hope this verdict sends a message that fraud of this nature won’t be tolerated,” said attorney Andrew Milz with Cherry Hill, New Jersey-based law firm Flitter Milz, PC.  

FantaSea Resorts admitted to committing multiple violations throughout the sales process by failing to inform buyers of required legal disclosures and withholding important documents that revealed details about the timeshare until after the buyer had signed a purchase and sale agreement.

What’s more, FantaSea’s timeshare sales were rigged so that timeshare owners would routinely pay more for a vacation stay than non-owners, according to court documents. In one case, over the length of the plaintiff’s 10-year mortgage, she would pay more than $17,000 for five one-week stays throughout the decade. A non-owner would pay just $3,965 for those same five stays. Even if the plaintiff continued to use her timeshare after her 10-year mortgage was paid off, it would take more than 150 years to break even with the non-owner. Another plaintiff testified at trial that it would take him 168 years to break even with a non-owner. Pictured above:  Attorneys Joe Solseng (l), Andy Milz (r), & Clients Brian & Jenny Roward

“What’s concerning for consumers is that business models like these, that are intentionally built to take advantage of good people, are not unique to FantaSea – and in fact, there are many resorts in the timeshare space that are even more egregious in their deceptive practices,” Solseng said. “I don’t recommend that anyone attend a timeshare presentation, no matter how much they entice you with gifts.”

Solseng added, “FantaSea and certain other ARDA timeshare outfits often use the word ‘Vacation Ownership’ so as to not call it a timeshare. But it’s a timeshare through and through, and the so-called vacation ownership can quickly turn into a vacation nightmare. We hope that the jury’s verdict and nullification of these FantaSea contracts will help other FantaSea timeshare owners and their lawyers. We hope this verdict is a way forward for plaintiff’s lawyers across the country to help timeshare consumers who are in the same position our clients were.”

About Plaintiffs Counsel

Flitter Milz, P.C. 

Flitter Milz, PC, with offices in PA, NJ, and NY, is a nationally recognized leader in consumer protection law, with over 30 years’ experience in the field. The firm represents victims of finance fraud, illegal vehicle repossessions, unfair debt collection practices, credit report errors, civil rights abuses, and other consumer protection matters in individual and class action cases.  Pictured:  Cary Flitter (center), Andy Milz (left), Jody López-Jacobs (right).

Schroeter Goldmark & Bender

Founded in 1969, Schroeter Goldmark & Bender (SGB) is a nationally recognized law firm based in Seattle that holds the most powerful companies, government agencies, and people accountable for their wrongdoing. SGB focuses on representing individuals in consumer protection cases, along with injured persons in aviation, asbestos and mesothelioma, catastrophic injury, brain/spinal cord injury, medical malpractice, unsafe products, wrongful death, sexual assault and harassment, as well as individual and class action employment cases. The firm believes the law is a force of good and is committed to achieving justice for people who have been harmed.

Employment or Tenant Reports Often Mix Consumers’ Files

Background Check Wrongly Says I’m a Criminal!

All it takes is someone with the same or similar name, birthdate, address, or other matching identifying information to have a stranger’s record inaccurately mixed with yours.  Their DUI, their theft conviction, or their sex offence can then show up on YOUR report.  It’s no surprise then that bad background checks for employment, rent, or security clearance can ruin someone’s livelihood and reputation in an instant.

F L I T T E R  M I L Z:   Client Story

Flitter Milz understands the impact of employment background checks. Recently, a client of ours was moving to a new town.  He applied for a job, and a rental home.  He was denied the job, and the rental. Our client inquired with the employer and landlord.  After receiving a copy of the background screening report, he found that a stranger’s criminal history appeared on his report.  This story is all too common today. 

CFPB on Background Reports:  Accuracy and Privacy

The Consumer Financial Protection Bureau (CFPB) recently published an advisory warning that background check companies must take care not to mix consumers’ files or otherwise threaten consumer privacy.   According to CFPB Director Rohit Chopra, “The CFPB will be taking steps to use the Fair Credit Reporting Act (FCRA) to combat misuse and abuse of personal data on background screening and credit reports.”

 

Permissible Purpose to Obtain Background Check

More than 90% of prospective employers, landlords, insurance companies and banks use background check data as part of their application process.  These companies must have a legally permissible purpose to obtain a copy of a consumer’s background report when evaluating the consumer for credit, insurance, housing, or employment decisions. The consumer is entitled to a copy of the background check report used to evaluate his or her application.

Background Reports to be Accurate and Kept Private

Background reports include information such as, employment history, credit information and legal problems. In some cases, social media accounts may show up.  The more data listed in a background check could mean a greater possibility for error.  As a result, the consumer could be denied a job, housing, insurance or credit. Just one error on a background report can cause significant harm.  Procedures for maintaining and dispensing accurate information are critical. Background reports must ensure proper identification of the applicant, plus accurate data related to the applicant.  Disclaimers by background reporting companies do not cure permissible violations.  Instead, they could violate a person’s privacy, which is strictly prohibited under the FCRA.

Written Permission for a Background Check

When a background check is required, the prospective employer or landlord must obtain written permission from the applicant to request a report.  A Disclosure Notice and Authorization form must be filled out and signed by the applicant, then submitted to the background check company. Most authorization forms require the applicant’s full name, date of birth, social security number, current zip code, phone number and email address.  Screening for some types of employment may require additional information, such as motor vehicle reports, employment verifications or international criminal checks.

Victim of a Mixed Credit Files?  Steps to Take

If you’re the victim of a mixed file, take steps to dispute the errors with the reporting bureau.

  • Obtain a copy of the screening report used by the employer or landlord to evaluate your application.
  • Prepare a written dispute and send it to the background check company. Enclose a copy of the report with the error highlighted. Include documents which illustrate why the reported information is incorrect.
  • Request investigation of your dispute. The background company must send a response to your dispute, and correct or remove the inaccuracy within 30 days of your dispute.

Seek help from a Fair Credit Reporting Lawyer

The attorneys at Flitter Milz have extensive experience dealing with violations of the Fair Credit Reporting Act.  If a background checking company fails to correct information on your report, and you’ve suffer the loss of a job, rental, or other damages, you may be able to sue the company for money – and your legal fees will be paid by that violating reporting bureau.  Contact us today for a no cost legal evaluation.
Pictured:  Cary Flitter (center), Andy Milz (left), Jody López-Jacobs (right).

Dispute Credit Report Errors Effectively

Credit reports must be kept accurate.

Let’s face it, consumers need good credit for a variety of reasons — from housing, education and employment, to personal loans or emergency expenses, such as medical bills or funerals. Good credit and high credit scores facilitate the process of obtaining approval for new credit. Errors on credit files not only affect the consumer’s ability to borrow money and how much it will cost to borrow money, but present a wider-range of unfavorable consequences, such as lowered credit scores, increased interest rates and lower credit limits.

Steps to Effectively Dispute Credit Report Errors

The Federal Trade Commission conducted a study that showed one in five people have an error on at least one credit report.  By reviewing credit files regularly, consumers can minimize errors by disputing them timely.

STEP ONE:       Obtain current credit reports

The website, annualcreditreport.com, is the quickest way to access reports.  By writing to the three main credit bureaus – Transunion, Experian and Equifax —  to obtain a current copy of your report, you will need to provide two forms of identification.  A government-issued ID, such as a driver’s license and a copy of a current utility bill or bank statement showing your current address would be acceptable.

STEP TWO:      Write to the Credit Furnisher

After reviewing your credit report for accuracy, if there are errors listed you may need to write to the lender, creditor, collection agency or other type of data furnisher to request updated information on your account.  Obtaining verification of your account status from these companies can provide useful evidence when your dispute is investigated by the credit bureau and evaluated for accuracy.

STEP THREE:   Prepare a Written Dispute to the Credit Bureau

The most effective method of disputing errors on a credit report is to write to the credit bureaus — Transunion, Experian and Equifax.

Five simple guidelines for your dispute letter:

1. Keep your dispute to one page.  Address only one issue at a time.
2. Clearly identify the error by highlighting it on a current credit report.
3. State the action you want the bureau to take.
4. Enclose documents supporting why the tradeline must be corrected.
5. Make your dispute & supporting documents easy to understand.

Why must I dispute directly with Transunion, Experian and Equifax?

Transunion, Experian and Equifax are considered “the source” of credit reporting information. They are most likely to have been furnished with the most up-to-date information. Although there are a variety of other sources that provide credit reporting information such as, Credit Karma, Credit Sesame, MyFICO.com, or various industry-specific reports, these reporting services may not update information with the frequency of the three main bureaus.

Can’t I dispute online or over the phone?

Although the credit bureaus accept disputes online and by phone, consumers must be cautious.  These methods of disputing could present problems.

  • Online disputes have limits to character/space requirements, and could present difficulty in communicating a complex dispute.
  • Phone communications are difficult to document — whether it’s conveying precise issues or identifying steps required to resolve the problem. As well, phone disputes do not provide the opportunity to submit supporting documents which could help prove your point.  It’s best to have a good paper trail showing all steps you’ve taken to address any errors.

STEP FOUR:     Keep Records of your Dispute

Dispute letters should be sent to the credit bureaus by Certified Mail, Return Receipt. Be sure to keep a copy of the dispute letter and all supporting documents enclosed with your letter, along with all mailing receipts from the post office.

Credit bureau disputes are typically concluded within a few weeks, but the bureaus have 30 days to respond in writing to your dispute. It may take a little longer for the reports to be updated and for credit scores to reflect updated information.

The Law is on your Side

The Fair Credit Reporting Act (FCRA), is a federal law governing how consumer credit information can be used and distributed.  It gives consumers the right to obtain credit reports, dispute inaccurate information appearing on the reports, and have errors corrected.  Credit furnishers, such as banks, mortgage lenders, credit card companies and other finance companies, must provide accurate information to the credit bureaus. When a consumer’s application for credit is denied due to errors on the credit report, the consumer’s rights may have been violated under the FCRA.

Seek Help from a Qualified Consumer Law Firm

Flitter Milz is a consumer protection law firm that addresses accuracy and privacy violations of the Fair Credit Reporting Act.  If there are uncorrected errors on a consumer’s credit reports, the consumer’s legal rights may have been violated.  The attorneys at Flitter Milz evaluate consumer’s credit reports for errors and identify steps to correct them. If a consumer’s credit has been damaged, there could be a violation of the law. CONTACT US for a no cost legal review.  Pictured:  Cary Flitter (center), Andy Milz (left), Jody López-Jacobs (right).

Loan Applications & your Credit Reports

Consumer credit is when credit is advanced to a consumer for the purchase of personal or household goods or services. The system for extension of credit allows consumers to borrow money, or incur debt, and to defer repayment of that money over time.

Obtaining Credit

Having credit enables consumers to buy goods or assets without having to pay for them in cash at the time of purchase. For example, if a consumer wants to purchase expensive items such as a home, car, or an education, it’s unusual for that person to have cash available to make the purchase.  Obtaining credit permits the consumer to make the purchase and pay for it with scheduled monthly payments over a specific period of time.

Finance Options

Consumers may explore options to finance the purchase by contacting banks, credit unions and financial institutions. The terms for borrowing money may vary from one lender to another.  After submission of a credit application, lenders take steps to evaluate the borrower’s creditworthiness. Typically, a credit application triggers a hard inquiry on the borrower’s credit reports.

Credit Application Submission

Consumers must provide written permission for their credit report to be accessed. The reports aid in assessing payment history and the borrower’s ability to repay debt to a lender and not default.  Credit scores are a 3-digit number that reflect a consumer’s ability to repay a loan and help to determine terms, such as interest rates and length of the loan.

Most important, in advance of seeking new credit, consumers should obtain a current copy of their credit report from each of the three main bureaus – Transunion, Experian and Equifax, and review the reports for accuracy. If there is information that is incorrect or needs to be updated, a dispute should be filed with the credit bureau.  The bureaus have 30 days to respond to the dispute.  Once information is corrected, the consumer may see an increase in his or her credit score. 

Five Factors Considered in the Loan Application Process

      1. Character:
        Does the borrower have a good credit payment history? Have payments been managed well in the past?
      2. Capacity:
        What is the borrower’s ability to repay the loan?  How much debt does the borrower have in relation to his or her income?
      3. Capital:
        Does the borrower have assets or savings to put towards the loan?  Will the borrower make a down payment?
      4. Collateral:
        Does the borrower have assets that can be provided as security for the loan?
      5. Conditions:
        Lenders may consider how the borrower plans to use the loaned money. Also, they may evaluate economic conditions that dictate whether the loan may be high risk and one that they want to take.

 Credit Denial

Borrowers must be prepared for the lender to approve or deny the application. If the consumer is denied a loan, the lender must send a letter to the consumer explaining the specific reason, or let the consumer know about their right to request information that led to the decision for denial within 60 days.  Also, if the denial is related to information that appears on the credit report, the lender must provide the credit bureau name, address and phone number for the consumer to inquire about the denial.

Are credit references necessary?

A credit reference is one of the methods lenders and service providers use to determine a borrower’s creditworthiness.  Credit references can include your bank, previous landlords, employers, or companies whose bills you’ve paid regularly.  Depending on the type of application, it is best to submit the best reference for the situation.  Typically, this person or company would improve the borrower’s chances for approval for the type of loan that is sought. 

Seek advice from Experienced Consumer Lawyers

If you’ve been denied credit due to errors on your credit report, contact Flitter Milz for a no cost case evaluation.  Errors on credit reports can lower your credit score, which can hurt your ability to get new lines of credit or receive favorable terms on a new loan.  Contact Us today.

Buying a new car? Make sure your credit reports are in order.

A car purchase is one of the most exciting purchases a consumer makes. But let’s face it, cars are expensive and you have to figure out how to pay for them.

Before visiting the dealership, consumers must review their finances and evaluate payment options.  Informed buyers allow for making the best car buying decisions.  Car salespeople are known to pressure potential buyers in to selecting vehicles from their lot — often ones the consumer may not want or be able to afford.

Four steps to prepare for purchasing a vehicle

STEP 1:  Obtain current copies of your credit reports

Lenders request access to consumer’s credit files in the process of evaluating the buyer for a new loan. Credit reports provide detailed information related to Credit Report and Credit Historythe consumer’s credit accounts, including balances and payment history.  When reports reflect incorrect information, lenders may deny applications for credit.

Before submitting a credit application, consumers should obtain current credit reports from each bureau – Transunion, Experian and Equifax — and evaluate the reports for accuracy.  If there are errors, written disputes must be sent to the bureau.

To obtain credit reports, prepare a request and send it by US Mail to the bureau.  The letter should be accompanied by two forms of identification, such as a current driver’s license, a utility bill, or pay stub.  It may take about two weeks to receive reports from the three bureaus.  Alternatively, you could visit annualcreditreport.com to obtain reports online.

STEP 2:  Review credit reports for items that could hurt your Credit Score

Banks, credit unions or financial institutions review the consumer’s credit reports and scores in the process of determining whether to extend credit or not.  Various factors are considered in the evaluation process:

  • Payment history:  Were payments made in full and on time?
  • High Debt to Credit Utilization: How much credit is used compared to the total amount of credit that is available?
  • Multiple Hard Inquiries: How many credit inquiries have been made within a period of time? Would this borrower be considered high-risk?

When there are errors on credit reports, the consumer must take steps to correct them. Sometimes, tradelines are not listed accurately by lenders or creditors on credit reports.  These errors, which could result in lower credit scores, must be corrected in advance of a new credit application.

STEP 3: Evaluate options to pay for the new car

Determine the price range of the car you can afford before deciding on the car you want to drive.  Evaluate your finances and determine how you’ll be able to pay for the vehicle.

Should I pay with cash?
The advantage of purchasing a car with cash is that you own the vehicle free and clear.  You will not pay interest on monthly loan payments, or have lease payments which do not build equity in a vehicle that can be sold later.  However, car buyers must consider whether it makes the best financial sense to allocate funds to purchase a car with cash.

Should I enter in to a lease?
Leasing a car allows for driving a “better car” for less money.  This option can be advantageous to some consumers as there is no down payment, lower monthly payments, and repair costs can be covered under the manufacturer’s warranty.  At the end of the lease, the vehicle is returned to the dealership — you don’t own the vehicle. Issues such as early termination costs, mileage overages, or wear-and-tear must be addressed with the leasing company.  After leasing, some consumers may choose to purchase the vehicle they had leased and enter a finance agreement to pay for it.  Others may choose to enter a new lease for a brand new car.

Should I finance the vehicle?
The process for selecting a car can be tedious.  Decisions involving which manufacturer, model, color, and options, as well as availability can make the purchase difficult.

Equally important is the process to determine how to pay for the car.  Questions such as: Do I have funds to put towards a down payment?  Do I have a vehicle to trade?  How much will the dealership give me for the trade? Which lender provides the financing rates and terms? Do I need to purchase a warranty?

Shop for the Financing

Once the decision is made on the specific car you want to buy, and you know how much it will cost, it’s time to shop for financing. Whether its with a bank, credit union, or financial institution, explore and compare loan offers for interest rates, loan terms, and monthly payment amounts.  Most dealerships encourage buyers to work with their finance manager for these arrangements. But beware of add-ons, such as extended warranties, GAP insurance, or extra equipment which add to the total cost of the vehicle.

Do not feel pressured by the salespeople at the dealership.  Take your time to review the documents. Think about the following:

  1. Shop for the car, then, separately, shop for the financing.
  2. Review the Paperwork:  Does the Buyers Order list all items you want on your car. Do the numbers add up?
  3. Is the amount of the down payment listed correctly?
  4. Is the amount of the trade listed correctly?
  5. Read the loan agreement carefully before signing.  Do you agree to the terms?  Payment due date?  Do the numbers add up?

If the paperwork is not correct, demand that it be corrected. If you’re not satisfied, you can always go elsewhere.

STEP 4:  Cost of Ownership
Do not overlook the cost to care for the vehicle. On average consumers keep a car for about 6 years, whether it’s new or used, . Estimate expenses such as, maintenance, repairs, insurance, and fuel. No matter which car you buy, maintaining the vehicle is an important part of your investment.

Legal Evaluation of Credit Reporting Problems

Have you been denied an auto loan due to errors on your credit reports? Flitter Milz is a nationally recognized consumer protection law firm that represents consumers in matters against the credit bureaus for inaccurate credit reporting.  Contact us for a no cost legal evaluation.

Pictured: Attorneys Cary Flitter (center), Andy Milz (left), Jody López-Jacobs (right)

Who is Titan Solar?

Titan Solar is a door-to-door sale company that sells and installs solar products like rooftop solar panel systems.  Titan Solar teams up with finance companies like Goodleap to finance the installation through loans and power purchase agreements.

Common Complaints about Titan Solar

In online complaints, Titan Solar has been accused of engaging in predatory marketing and of misrepresenting facts.  Sometimes, Titan Solar is accused of not informing the customer that installation is conditioned upon agreeing to a decades-long loan or power purchase agreement, and the contract might be hidden from the consumer.  Titan Solar’s finance company partner may also pull your credit report without your permission.

Impermissible Credit Pull

Doesn’t a company need your consent to pull your credit report?
Generally, yes.  If you did not consent to your credit being pulled, the company that did so must have some other legitimate business purpose for pulling your credit.  Often, during the process of applying for new credit or utilities, or interviewing with a prospective employer or landlord, there may be a request to access the consumer’s credit file. The consumer must provide written permission for his or her credit file to be accessed.

Consumer Rights for Impermissible Credit Pull
When a credit report has been accessed without the consumer’s permission, there may have been a violation to the Fair Credit Reporting Act.  The FCRA is a federal law governing how consumer credit information can be used and distributed.  Consumers may dispute inaccurate information and inquire about companies who accessed their credit file that they do not recognize.

Check your Credit and Dispute Errors
Before applying for new credit, consumers should obtain current copies of their reports from the three main bureaus – Transunion, Experian and Equifax. The reports should be viewed for accuracy and privacy.  If errors or unfamiliar information is listed, written disputes should be sent to the credit bureau through the US Mail.  The bureaus have 30 days to respond.

Disadvantage of Hard Pulls on Credit Report

If there was a “hard pull” of your credit report, it could harm your credit standing going forward. Hard pulls will stay on your credit file for two years, and as a result over that time period, you might lose out on other job, housing, or credit opportunities.

Lenders evaluate the number of hard inquiries that appear on a consumer’s credit reports during the credit application review process. Although hard inquiries represent one factor in the calculation of credit scores, too many hard inquiries in a short time could impact scores negatively and jeopardize the approval of a new credit application.

 

Better Business Bureau Complaints about Titan Solar

Hundreds of consumers have complained about Titan Solar’s business practices to the Better Business Bureau. As of the date of this writing, customers on the Better Business Bureau site have rated Titan Solar 1.87 stars out of five. Some consumers have made the following types of complaints:

  • Never saw, signed for, or received a contract or loan agreement.
  • Were signed up for a loan without giving permission.
  • Were sold more panels that needed for the home
  • Poor performance resulting in higher energy costs.

Protect Yourself from Solar Panel Sales Scams

Consumers must use caution while considering a solar power contract. If there are problems, address them quickly whether they’re with the solar sales company, the panel installer, or the finance company.  Otherwise the results can be devastating and put you in thousands of dollars in debt.  Solar panel loans or power purchase agreements can last for 20 or 25 years, resulting in burdensome monthly payments on top of an expensive electricity bill.

Contact an Experienced Consumer Protection Law Firm

Did Titan Solar reach out to you to have solar panels installed without disclosing the existence of a loan or power purchase agreement?  Has a Titan Solar salesperson offered you “free” solar panels without mentioning a loan?  Have you received an alert that your credit has been pulled, and you never gave permission to the salesperson to do so?  If the answer to any of these questions is yes, contact Flitter Milz for a no cost legal evaluation. Pictured: Cary Flitter (center), Andy Milz (left), Jody López-Jacobs (right).

Flitter Milz Attorneys published in widely-used legal treatises

Repossessions

Andy Milz is a contributing author to REPOSSESSION, National Consumer Law Center (10th ed. 2022) Carolyn Carter, Andrew Milz, et. al., considered the leading legal reference book on consumer repossession issues in the United States.  This reference  appears on the shelves of courthouses and law libraries across the country and provides detailed and comprehensive coverage of repossession law throughout all 50 states.

Pennsylvania Consumer Law

Cary Flitter and Andy Milz recently edited three chapters in PENNSYLVANIA CONSUMER LAW, Carolyn Carter, et. al, Geo. Bisel Co., 2d ed. Supp. (2021).  Annually, Flitter and Milz edit chapters on The Law of Repossessions, Attorneys’ Fees for Consumer Litigation, and Odometer FraudThis treatise is considered the leading authority on consumer protection law in the Keystone state.

Flitter Milz is an experienced consumer protection law firm in the area of consumer credit finance and auto repossession law.  The firm has recovered tens of millions of dollars for borrowers who have become victim of wrongful repossessions.  Our attorneys have the experience and knowledge to win your case.   Contact us, for a consultation at no cost.
Pictured:  Cary Flitter (center), Andy Milz (left), Jody López-Jacobs (right).

Flitter Milz IN THE NEWS!

Flitter Milz has been recognized recently for support of various organizations within Philadelphia’s Legal Aid Community.  Through the pursuit of class action lawsuits where justice is sought for an entire group of consumers who had become victim of the same type of illegal treatment, Flitter Milz has worked to direct court designated cy pres funds to Legal Aid Programs, law school clinical programs and other consumer non-profits for use to help serve the needs of legal aid’s low-income consumer clients.

Community Legal Services of Philadelphia

Flitter Milz was presented with the Equal Justice Award in recognition of support to legal aid programs that allow low-income consumers to seek economic justice.

Pictured with the Equal Justice Award, l-r:  Attorneys Cary Flitter, Andy Milz and Jody López-Jacobs (right).

 

 

 

 

Legal Aid of Southeastern Pennsylvania — Fête 4 Justice Honoree

Cary Flitter was honored in May 2022 at the Fête 4 Justice hosted by Legal Aid of Southeastern Pennsylvania for his continued support of their mission to provide free civil legal aid to low-income consumers in Bucks, Chester, Delaware and Montgomery counties which surround Philadelphia, Pennsylvania.

Cary L. Flitter, LASP Honoree

 

Philadelphia Legal Assistance  —  Jubilee for Justice

The commitment to helping low-income Philadelphians receive free civil legal services over the past 25 years gave cause for Philadelphia Legal Assistance to celebrate.  Flitter Milz was a proud sponsor to this anniversary event.

Experienced Consumer Protection Lawyers

Law Teaam at Consumers LawFlitter Milz represents people in individual and class action lawsuits with legal problems involving consumer credit transactions. Our attorneys evaluate whether a consumer’s rights have been violated — at no cost to the consumer — in matters related to credit reporting accuracy and privacy violations, wrongful vehicle repossessions, abuse from debt collectors, and consumer frauds, such as solar panel sales fraud.  Contact Us to discuss your consumer credit concern.

 

Medical Debt –Three Important Changes to your Credit Reports

The three main national credit bureaus — Trans Union, Equifax, and Experian — have agreed to make changes in the reporting of medical debt. As of July 1, 2022, settled medical debt that would normally remain on credit reports for up to 7 1/2 years should come off the report. As a result, consumers may see an increase in their credit score, a benefit which can open doors to borrowing at more favorable rates for housing, loans and credit cards.

Three Important Changes to Credit Reporting

Change #1: As soon as a medical debt is paid, it will be removed from the consumer’s credit reports. This means if you’ve paid your medical bill in full and the debt still appears on your credit report as a negative mark, the tradeline and any late pay history on the credit report, will be removed.

Change #2: The period to report unpaid medical debt will increase from six months to one year. This will give people a chance to pay the medical debt off, work with a health insurance carrier, or dispute it before credit problems arise.

Change #3:  In the first half of 2023, all medical collection debt with an initial reported balance of less than $500 will be removed from credit reports.  This will result in nearly 75% of medical debt to disappear from consumer credit reports.

Medical Debt is usually unforeseen

Let’s face it.  Most medical debt is incurred unexpectedly. Patients visit doctors or seek medical treatment because they are sick or have had an injury. Due to the high cost of healthcare, many Americans have difficulty paying expensive medical bills to hospitals, physicians, labs and other medical providers.

Collectors must follow the law

Unfortunately, unpaid medical debt may be forwarded to a collection agency or law firm collector.  Once in collection, negative tradelines appear on credit reports and credit scores may drop. Consumers then begin to feel the effects of a negative credit rating.

 

Common impact of a negative credit rating
-Credit term changes, i.e. credit limits lowered, or interest rates increased
-Loan applications denials
-Landlords application denials
-Job offers or promotions retracted

Federal Laws Protecting Consumer’s Rights

The following consumer protection laws provide protections for consumers from inaccurate information appearing on credit reports and abusive collection practices by debt collectors.

Fair Credit Reporting Act

The Fair Credit Reporting Act governs how consumer credit information can be used and distributed.  It gives the consumer rights to view credit reports and dispute inaccurate information.  Consumers should obtain current copies of their credit reports from Transunion, Experian and Equifax at least every year.  When information is listed incorrectly, the consumer must take steps to dispute the errors.  The credit bureaus are required to investigate disputes and fix or delete inaccurate information within 30 days of a consumer dispute. If they don’t, they may have broken the law.

Fair Debt Collection Practices Act

The Fair Debt Collection Practices Act is a federal law that provides legal protections for consumers from a collector’s abusive collection tactics.  Common violations to this law include:

  • Harassment or abusive contact
  • Threaten a lawsuit when none is intended
  • Misrepresentation, miscalculation, or inflation of the debt
  • Provide false or misleading information to the credit bureau
  • Continue to collect after filing for bankruptcy

When collecting medical debt from consumers, or other personal and household obligations, debt collectors must follow the law.  Violations to the FDCPA allow the consumer to pursue legal action against the collector, and the collector will be responsible for legal fees.

Get Qualified Legal Help from Experienced
Consumer Protection Lawyers

Attorney Andy Milz states, “Here at Flitter Milz, PC, we strongly believe medical debt should not be reported at all.  Unlike a mortgage, credit card, or car loan, medical debt does not represent a financial choice, but is often a result of an emergency or hardship.  And, even for the majority of consumers with some form of health insurance, getting the insurance      company to pay the bill in its entirety is always a challenge. Inability to pay medical debts should not weigh down a person’s creditworthiness.  Unfortunately, until now, health care providers, medical debt collectors, and the credit bureaus have been allowed to report this negative information.”

Flitter Milz is a consumer protection law firm that concentrates in the specialized area of credit reporting and addresses accuracy and privacy and violations of the FCRA, and abusive contact by debt collectors that violate the FDCPA.  Our firm has obtained millions of dollars in relief for consumers whose credit reputations have been damaged.  If inaccurate credit information is affecting your life, or you have been contacted by an abusive debt collector, contact us, for a no cost consultation.
Pictured: Cary Flitter (center), Andy Milz (left), Jody López-Jacobs (right).