Understanding Consumer Law

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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.

Author: Consumers Law

How to Monitor Your Credit

Your credit history plays an important role in your ability to get approved for new lines of credit, whether it’s a new credit card, a personal loan, or another type of borrowing agreement. It also affects your ability to rent an apartment, or possibly be hired or promoted in your job.

Review Credit Reports & Dispute Errors

Do not wait until you’re ready to apply for a loan to check your credit. Monitor your credit reports regularly to see that your information is accurately reported.  If there is an error, send written disputes to the credit bureau.  You do not want to be denied for a loan because of someone else’s error. Credit applications are considered hard inquiries on your credit file, and denials could result in lowering your credit score.

Seek Legal Help

Flitter Milz is a nationally recognized consumer protection law firm that represents victims with credit reporting privacy and accuracy problems. Contact Us for a free consultation to discuss errors on your credit reports.

Tips on Purchasing a Car

The decision to purchase a new vehicle is exciting. Whether it’s your first car purchase or not, the freedom of mobility and independence is invaluable. You can go anywhere, whenever you like.

But cars are expensive. Buying a vehicle that suits your needs and your budget can be a challenge. Often, the vehicle that you would like to drive may not be the one that you can afford. Become an educated buyer.

Buying a car is a two step process

Continue reading Tips on Purchasing a Car →

Credit Report Listings with Negative Impact

Your credit report plays a critical role in your overall financial health. The information that it contains will affect your ability to get new lines of credit for auto or personal loans, rent an apartment, and sometimes even get a job or promotion. It’s important to understand all of the information on your report and what types of negative listings may appear.

Every person’s credit report has the following:

  • Personal information.  Your name, current and previous addresses, social security number, date of birth, and possibly current and previous employers.
  • Credit accounts.  Current and previous credit accounts including details such as payment history, credit limit, monthly payment amount, and current balance. Auto loans, student loans, credit cards, and any other type of credit accounts in your name will be listed.
  • Inquiries. Hard inquiries are listed on your report when there is an application for new credit, and may remain on your report for up to two years. Several hard inquiries, which may be viewed by a lender as high risk, may lower your credit score and impact your ability to be approved for credit.  Soft inquiries are listed by companies offering to promote a special product or service and do not hold negative weight on your report.
  • Negative listings and public records. Late payments, debt, accounts in collection, repossessions, accounts in default, bankruptcies, foreclosures, and judgments are all listed on your credit report. Negative information can stay on your report for up to seven years and will lower your credit score. It may make it more difficult to get approved for new credit, or could result in higher interest rates on any loans or credit.

What you can do about negative listings

Negative listings on your credit report are frustrating, especially if you’re making an effort to improve your financial situation.  Take steps to pay down debt over time.

-Monitor your credit reports
-Dispute errors with the credit bureau and credit furnisher
-Pay your bills in full and on time
-Make a budget and stick to it

These positive actions will help improve your credit and show that you’re on the right track, even while the negative listings remain.

Seek Legal Help

Flitter Milz is a nationally recognized consumer protection law firm that represents victims of car repossession, credit reporting errors and unfair debt collection practices.  Contact Us for a free consultation to determine whether your consumer rights were violated.

How to Get a Job When You Have Poor Credit

Finding a new job can feel like a full time job in itself. First identifying companies and positions, then prepare your resume and cover letters.

The next most important step is to check your credit reports.

Employers usually check credit reports during the hiring process as a means to gauge the applicant’s responsibility with finances. Not all employers check credit reports during the employment screening process. But those that do, often check for positions that involve a security clearance, access to money, sensitive customer data or confidential company information.

An employment screening report only includes your account payment record, how much you owe, and your available credit. Potential employers can’t see your credit score. Follow these steps to prepare your credit before applying for a new job.

1. Obtain current credit reports

When you start looking for a new job, get a copy of your credit report. You should know appears on your report before a prospective employer obtains a copy. You can get a free report every 12 months from each of the three credit bureaus – Transunion, Experian and Equifax.

Review your reports for accuracy. If you see errors, dispute them directly with the reporting bureau. If you have negative listings like a car repossession or defaulted account, these should only stay on your report for 7 1/2 years.

2. Ask employer about credit checks

If you have negative credit listings and you’re concerned about the role they’ll play in your job search, contact your target companies anonymously and ask if they check credit as part of their candidate screening process. If you think it will be an issue, you might choose not to spend time on applications for a company that asks for your credit history.

3. Know your rights

Potential employers can ask for a copy of your credit file. However, there are guidelines that must be followed.
1) You must provide written permission for a company to request your report.
2) The company must notify you of the company that provide the employment screening report.
3) You may write to the screening report company to request a copy of the report that was used in the employment hiring process.

4. Take steps to improve your credit

Your job search will be easier in the future if you don’t have to worry about how your credit might affect your eligibility. Be proactive and evaluate your credit before applying for that new job.

-Review your credit file in advance.
-Make bill payments in full and on time.
-Use less than thirty percent of the credit that’s available to you.
-Maintain a healthy debt-to-income ratio.
-Dispute errors on your credit reports.

Seek Legal Help

Flitter Milz is a nationally recognized consumer protection law firm that represents victims with credit reporting accuracy problems.  Contact Us for a free legal review of your credit reports and an evaluation of whether your consumer rights were violated.

 

Do You Actually Owe a Debt?

When a debt collector contacts you to collect payment on an account, it can be scary and overwhelming, especially if the debt in question is unfamiliar to you. Collectors may contact you from an agency you’ve never heard of, and some may even threaten legal action against you.

It’s possible that you don’t recognize the debt because the original creditor assigned it to a collection agency or sold it to a debt buyer. Collection lawyers may also try to collect on debts in certain situations. However, it’s also possible that you don’t recognize the debt because you don’t owe it.

What to do when you’re contacted by a debt collector

Whenever you receive any debt collection contact, the collector is required to mail a letter within five days that tells you the amount of the debt and the original creditor. This letter should also explain your rights under the Fair Debt Collection Practices Act (FDCPA). If you don’t receive this letter, it could be a sign that the collector may not be legitimate.

If you receive this letter and still don’t recognize the debt, write to the collector and request proof of the debt and how they’ve calculated the amount claimed. If you have proof the debt was paid, include these documents with your dispute letter.  Always keep a copy of any correspondence with the collector.

Seek Free Legal Help

Flitter Milz is a nationally recognized consumer protection law firm that represents victims of abusive collection contact.  Contact Us for a free legal evaluation of collection calls or letters that have been sent to you.

Debt Collection Against Military Personnel

When an account goes into collection, it’s stressful and overwhelming for anyone. But debt collection can be especially troublesome for military service members. Financial trouble could result in negative consequences like loss or denial of security clearance.

Frequent moves and relocations can make it difficult for service members to keep up with bills and collection notices. Set up automatic payments when you can and always make sure to update your address to avoid missing bill payments.

If an account does go into collection, debt collectors often use shady tactics to try and collect payments. However, the Fair Debt Collection Practices Act prohibits collectors from threatening to reduce a service member’s rank or security clearance. They are also not allowed to threaten to contact chain of command. Learn more about what debt collectors can’t do under the FDCPA.

Military personnel are also protected by the Servicemembers Civil Relief Act. This legislation provides some protections against car repossession for those in the military.

Make sure to educate yourself on how to manage your finances and learn about the laws that exist to protect you. Learn how to get a free copy of your credit report, and how to dispute errors in your credit history.

Seek Free Legal Help

Flitter Milz is a nationally recognized consumer protection law firm that represents victims of abusive debt collection tactics, credit reporting privacy and accuracy issues and wrongful vehicle repossessions.  Contact Us for a free legal consultation to determine whether your consumer rights have been violated.

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

Check Your Credit Score Before Submitting New Applications

Before you applying for new credit or a job, or submitting a lease application for a new home or apartment, check your credit reports and score. You can obtain a free copy of your credit report every twelve months by writing to the credit bureaus – Transunion, Experian and Equifax.

How to Obtain your Credit Score

Your credit score, which is a number that tells a lender how likely you are to pay credit back on time and is based on your credit history, can be obtained in various ways.

  1. Purchase your score from the credit reporting companies, like FICO.
  2. Many credit cards companies have started to include an offer to obtain credit scores in monthly statements. Check with your credit card issuer to see if your score is available.
  3. A credit counselor may also be able to give you your score.
  4. There are a number of websites that offer free credit scores, but be sure to read the fine print before you sign up. The Consumer Financial Protection Bureau says: 
    “Many services and websites advertise a “free credit score.” Some sites may be funded through advertising and not charge a fee. Other sites may require that you sign up for a credit monitoring service with a monthly subscription fee in order to get your “free” score. These services are often advertised as “free” trials, but if you don’t cancel within the specified period (often as short as one week), you could be on the hook for a monthly fee. Before you sign up to try one of these services, be sure you know what you are signing up for and how much it really costs.”

Get Legal Help

Flitter Milz is a consumer protection law firm that represents victims of credit reporting problems. Whether you are facing loan denials, lowered credit limits, increased interest rates, the consumer protection laws may provide protections. Contact Us today to discuss your credit report problems and find out how we can help.  There is no cost for the legal evaluation.

What to Do if You’re Denied a Loan

Loans are commonly used for expenses like car purchases, home improvements, medical bills, and weddings. They can also be used to consolidate debt or pay off credit card bills at a lower interest rate. Loans with reasonable interest rates can provide a means to purchase an item and pay for it over time.

But what happens if you’re denied for that car loan, or a bank loan that was to help with an unexpected expense? Review the following steps which may help provide a solution.

  1. Figure out why you were denied

A loan application could be denied for a number of reasons. It’s important to understand the bank’s reason for not approving your application. It’s possible that your income doesn’t meet the required amount or your employment history is inconsistent.

Loan applications may also be denied due to incorrect information on the application itself, or errors on the applicant’s credit report. You should verify that your identifying information like social security number and birth date are correct on the application. Check your credit report to make sure all information is accurate and dispute anything that is incorrect.

Banks also look at your debt to income ratio when you apply for a loan. If you already have significant debt, it will be more difficult to secure a loan. Your overall credit is also an important factor. If you have a history of late payments or negative listings on your credit report, the bank may deny your application.

 2. Submit an application with a different bank

If one bank denies your application, you can try applying with another. It’s generally best to apply with your own bank before trying a different one, but banks have different criteria and guidelines for loan approval. You may be able to secure a loan with another institution.

3. Consider getting a guarantor or co-signer

If you’re not able to secure a loan on your own, whether due to poor credit or insufficient income, a co-signer might be a good option. When a guarantor signs onto a loan, he or she agrees to take on financial responsibility if the borrower is unable to make payments. This helps the bank ensure that the loan will be paid back.

4. Pay down debt

If your debt to income ratio is the issue, take some time to create some attainable goals to pay down your debt. Banks typically want your debt to income ratio below 35% to approve another loan.

5. Review your budget and credit profile

Sometimes a loan denial is a sign that you need to reassess your finances and make some changes. Each time you apply for a loan, the lender performs a hard inquiry to pull your credit information. Hard inquiries can temporarily hurt your credit. Take a break from loan applications for now and work on improving your credit, paying down debt, and tracking your expenses.

6. Seek legal advice

Flitter Milz is a consumer protection law firm representing people with credit reporting errors, wrongful car repossessions, contact from debt collectors and unwanted “robo” calls.  Whether payments were missed, or a debt is owed or not, the consumer has rights against the credit bureaus, lenders or collectors.  Contact us for a free consult to determine whether your consumer rights were violated.

Avoid Credit Damage During Divorce

Divorce is an emotionally challenging time when you may be preoccupied with child custody, property and insurance issues.  However, your finances are just as important.

While a divorce alone won’t hurt your credit, certain consequences of divorce could. When a relationship ends on bad terms, joint accounts with missed or late payments will tarnish your credit.

Protect accounts in your name

  • Obtain current credit reports so that you can see all accounts listed in your name, and those listed jointly. The value of an accurate report is priceless.
  • Establish a budget and payment plan for your obligations. Pay attention to obligations that you must pay, such as mortgages and utilities, and those that may be considered as luxuries.
  • Evaluate accounts in joint names. Discuss with your attorney whether these accounts can be closed and/or reassigned to you or your spouse.
  • Learn the difference between credit score and credit report.

For more detailed information on how to handle your finances during a divorce, consult with a family law attorney that is aware of the types of consumer protection issues that divorce clients face.

Get Legal Help

Flitter Milz is a nationally recognized consumer protection law firm that represents victims of credit reporting errors and abusive collectors tactics.  Contact Us to discuss inaccuracies on your credit report, or letters and phone calls from collectors.  There is no cost for the legal review.

How to Read Your Credit Report

Credit reports impact many aspects of our lives.  Whether we want to apply for a mortgage, obtain a car loan or credit card, rent an apartment or apply for a job, we must prove to a prospective creditor or employer, that we are financially responsible.  Our credit report shows the history of our accounts and illustrates whether we may be a good credit risk.  

Reading Credit reports may be overwhelming

Transunion, Experian and Equifax are the three main credit bureaus. Although the bureaus report similar information, the actual reports may look different.  But, there is common information that appears on each.  As you review your report, look for sections that contain the following information.

  • Personal Information
    Your name and all variations of your name
    Your current and former addresses
    Social Security Number
    Date of Birth
    Phone Numbers
    Current and former employers
    Spouse or Co-Applicant on an account

  • Date of Report
    Every new credit report will list a current date. It is important to reference the report date when disputing an item on the report.
  • Credit Report number
    Every credit report will list a report number.  It is important to reference this number when disputing a listing.
  • Satisfactory or Accounts in Good Standing
    These accounts reflect a history of on time, as agreed payments.  Once an account is closed or paid off, it may continue to appear on the credit report for up to ten years.
  • Adverse or Negative Accounts
    The most common items in this section are late payments, accounts that have been charged off or sent to collection, bankruptcies, liens, and judgments.
  • Payment History Legend
    The legend is a code that is used to identify each account and its status, for example whether the payments are being made on time as agreed, 30-60-90-120-150 -180 days past due, if there is a repossession, charge off, collection, etc.
  • Request for Credit History from others
    The credit bureaus will make your credit history available to current and prospective creditors and employers, but only with your approval. Typically, these companies have requested your credit information as a result of an action you took, such as applying for credit or financing, a job application, or as a result of a collection.
    Unrecognizable Inquiries
    Sometimes unfamiliar inquiries may appear on a credit report.
    These requests may come from sources with a permissible purpose, such as: 
    – a current creditor offering new credit or a new product
    – a current creditor monitoring your account
    – an employer wishing to extend an employment offer
    – a potential investor assessing risk
    – an end user to complete your mortgage application
    – insurance underwriting (auto or home)

Obtain your Free Credit Report

Consumers are entitled to obtain one free credit report from each bureau every twelve months.  Make sure that the information is accurate. If you haven’t checked your report recently, learn how to request one for free.  

Credit reporting errors are common.  If you notice that  information is not listed correctly, send a written dispute to the credit bureau by Certified Mail Return Receipt.  If the bureau does not correct the error, your consumer rights may have been violated.

Seek Legal Help 

Flitter Milz is a nationally recognized consumer protection law firm that represents people who have been denied credit for a home, auto or personal loan, or possibly a job opportunity or promotion, due to a negative listing on a credit report.

Contact us for a no cost evaluation to determine whether your consumer rights have been violated under the Fair Credit Reporting Act.

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