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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.

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).

Can I Keep my car if I file for Bankruptcy? 5 things to know.

Buying a car is costly.  Most people finance the purchase of a vehicle by taking out a loan. The agreement states terms for regular monthly payments to be made until the debt is satisfied. If the borrower defaults on payments, the lender has the right to repossess the vehicle.

Auto Finance Law & Bankruptcy  

However, there is a complicated intersection between auto finance law and bankruptcy. Before taking any action, borrowers must understand the implications of bankruptcy and be able to determine the most prudent steps to take before and after a vehicle has been repossessed. In general, merely having your car or truck repossessed is not enough to warrant filing for bankruptcy.  Let’s try to simplify it.

Repossession = Bankruptcy?  Maybe, maybe not.

  1. Filing a bankruptcy can stop a repossession from going forward.
    When a consumer bankruptcy is initiated, the debtor protections include an “automatic stay.” This means that your creditors are prohibited from taking almost all actions to collect a debt.  This automatic provision can be a powerful way to prevent repossession of the car, but only temporarily.
  2. The automatic stay can last weeks or years.
    The stay begins automatically upon filing and lasts only as long as the Court allows it to, which can be anywhere from weeks to several years, depending on the type of bankruptcy you choose to file. However, if you filed an earlier bankruptcy within a year of the new bankruptcy case, the automatic stay will terminate within 30 days. The judge also has the choice of extending or shortening the time period in certain circumstances. Even if you file for bankruptcy, to keep your financed car you will have to resume a car loan repayment schedule.
  3. Filing a bankruptcy after the repossession will not necessarily get you the car back.
    If the lender already repossessed your car, then the bankruptcy does not necessarily require the lender to return the car.  If the car was already sold by the lender by the time you file bankruptcy, then it is already too late.  However, if the sale has not gone forward, a bankruptcy may stop the lender from selling the car, and perhaps you can get it back by agreeing to ongoing monthly payments. This is something to discuss with your bankruptcy attorney.
  4. If you file bankruptcy, you might have to eventually give up the car, but not always.
    The point of bankruptcy is to help people in debt have a fresh start.  Because of this, there are certain state and federal exemptions you can claim to prevent the car from being lost to the bankruptcy.  For example, under the federal rules, you can claim $4,450 in a motor vehicle as exempt.  This means that if you owe less than that amount on the car, you’ll be able to keep it.  If you owe more, then the trustee may sell your car, pay you $4,450 for the exemption, and distribute the rest among your creditors — unless you make a showing of need before the bankruptcy court, something your bankruptcy lawyer can help with.
  5. Even if you file bankruptcy, you will likely need to continue making car payments throughout the bankruptcy if you want to keep the car.
    This is because the lender has “lien” or “security interest” in the car, which is still recognized in the bankruptcy.  So, if you don’t pay as agreed, or if you default on the car loan in some other way (g. failing to maintain insurance) then the lender may still be able to repossess the car.  Practically speaking, you’ll need to keep paying on the car loan if you want to keep the car through your bankruptcy.

    Borrowers have rights when facing repossession

If your car was already repossessed, you have other rights as a consumer borrower, separate from any bankruptcy proceeding.  Bankruptcy is only one tool or avenue if your car or truck has been repossessed – and it might, or might not, be right for your specific situation. Consult with an experienced consumer lawyer to understand your options outside of a bankruptcy.

Seek advice from an Experienced Consumer Lawyer

If you’re concerned that the lender my repossess your vehicle, or perhaps thinking of filing bankruptcy to get your car back after repossession, contact Flitter Milz for a no cost case evaluation. Our attorneys are knowledgeable of consumer laws that protect borrowers from wrongful repossessions.
Pictured l-r: Attorneys Cary Flitter and Andy Milz.

Thinking of Going Solar? Do your homework.

Most households are looking for ways to reduce costs.  Today, utilizing the sun’s power has become an enticing option. Lowering monthly energy bills and  contributing to a green environment are common reasons that homeowners opt for solar power.  But, choosing to add solar panels to your home is not a casual decision.  It requires research, investigation and planning.

Is my home suitable for solar panels?

There are pros and cons to every decision a homeowner makes.  Like any other investment, going solar may not make sense for every home.  After gathering facts, you need to evaluate:

  1. Energy usage for the home.  How much power must be generated to satisfy the needs of people in the home.
  2. Condition of the roof.  Does the roof need repair or to be replaced? Can my roof handle the weight of panels?
  3. Location of the home.  Am I in the right climate for solar panels?
  4. Sunlight v. Shade.  Does my roof get enough sunlight throughout the day to produce the power needed for my home?  Do trees need to be removed from my property for panels to work efficiently?
  5. Panel configuration.  Does my roof have enough space for solar panels?

Shopping Solar Companies & Financing

Similar to purchasing other items for the home, when considering solar panels, homeowners must shop around, get quotes, and investigate solar panel companies to compare one offer from another. There are a wide variety of products on the market with varying levels of efficiency, durability, reliability, output and design. As well, there are a number of solar companies and installers — some are better than others. Check the company’s reputation to see if complaints been filed against them with the Federal Trade Commission, State Attorney General, or Better Business Bureau?  Also, searching court dockets for lawsuits that have been filed against solar panel companies or their finance companies may provide insight to issues that other consumer’s have faced involving solar transactions.

CAUTION #1:  Is “Free” really free?

Frequently, we hear about door-to-door solar salesman telling homeowners that the solar panels will be free. After listening to a sales presentation and learning

of the benefits of solar power, the consumer is presented an iPad or tablet to sign, believing their signature gives the salesman  permission to evaluate the property for panels.  However,  the signature, or initials, on an iPad may authorize the solar company, without the consumer’s knowledge, to:

 

-Access the consumer’s credit file.
-Utilize the signature on documents that are Doc-U-Signed
-Enter the consumer in to a contract for solar panels
-Submit applications to finance the panels.

It’s not until panels have been installed on the home and bills begin to arrive that the consumer realizes solar panels are anything but free. Instead, many consumers find that they signed into a decades-long financial commitment which can last for 20 -25 years for the panels.  Bills from the local energy provider plus the cost of solar panels make the total cost of energy burdensome. All of a sudden, homeowners finds themselves in thousands of dollars of debt when they thought the panels were for free.

CAUTION #2:  Is the solar company reputable?

Before making a commitment to get panels, investigate reviews from other consumers. Obtain quotes from multiple solar companies for comparison. Then decide which company is best for you. For example, do I get panels from SunPower, Momentum Solar or Tesla?  Which company offers the product I want to buy?  Which company is presenting me with the best system for my home? What types of problems have other consumers faced when getting panels from one company versus another?

CAUTION #3: Why did the solar company access my credit report?

Prospective lenders for solar panels, such as banks, credit unions and financial institutions, seek access to the homeowner’s credit reports to determine whether to extend credit. This can only be done with the consumer’s written permission. When reports are accessed without the consumer’s permission, the consumer’s rights may have been violated. The Fair Credit Reporting Act is a federal law that governs the privacy and accuracy of credit reports.  If you do not want your reports accessed, do not sign anything that would grant permission.

CAUTION #4: How do I pay for the solar power system?

If you don’t have cash on hand to pay for the system, you must evaluate whether to lease, enter a power purchase agreement (PPA) or finance the system through a solar loan.

The benefit of entering a solar lease or PPA is that costs are not paid upfront. The solar company owns the system on your roof and monthly payments are made to them for the energy generated by the panels.

Solar loans work like other home improvement loans. The loan is taken out through a finance company with monthly payments made to the lender for the purchase of the system.  Just like researching the solar company, homeowners must research the best way to finance the solar power system. There are several companies, such as Goodleap, Mosaic, or Sunlight Financial, that offer loans for solar panels. But ask yourself, which one offers the best terms for me?

For instance: Who is Goodleap?

Formerly known as Loanpal, Goodleap is a finance company that provides loans for solar products like rooftop solar panel systems. Goodleap teams up with door-to-door sales companies who sometimes entice people to sign up for “free” solar panels. Hundreds of consumers have complained about Loanpal/Goodleap’s business practices to the Better Business Bureau. The Better Business Bureau has rated Loanpal an “F.” From customer reviews, Loanpal received only one out of five stars. In fact, some consumers complain that they never saw or signed a contract. When faced with accusations that the solar panel salesperson engaged in fraud — such as signing up a consumer for a loan without their knowledge or consent — Goodleap has attempted to distance itself from the solar panel company.

The salesperson won’t even tell you that Goodleap needs to pull your credit report for a loan.  Your “consent” may have been buried in documents that were Doc-U-Signed on the iPad or tablet. And although you may have been promised copies of anything you signed, you never received them. Often, you won’t learn about the existence of any loan papers until the solar panels have been installed on your home.  Remember, it is fraudulent and unlawful for anyone to be signed up for a loan without written consent.

How to protect yourself when considering solar 

  • Get a copy of the contract and read it carefully before signing. There is no rush for you to enter into a deal.
  • Never give out personal information – bank account numbers, birth dates, Social Security Number – to a door-to-door salesman you just met.
  • Monitor your credit. It is illegal for a solar company to make a hard inquiry on your credit report without a permissible purpose. You must provide written authorization for someone to access your credit file.
  • Visit websites for the Federal Trade Commission, Consumer Financial Protection Bureau, State Attorney General, and the Better Business Bureau for insight on solar energy scams.

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 laws involving fraud, such as forged contracts, identity theft and credit reporting privacy violations.  Contact Us

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

Is your Credit Report Mixed with Someone Else’s Information?

Finding out that your credit report has been merged with someone else’s information usually occurs at the most inopportune time.  Often it’s when you’re considering the purchase of a home or car, taking out a student loan, or possibly looking for a new job or apartment.  However, it’s not until after credit applications are denied, or credit scores lowered, that most consumers review their credit reports.  At that point, when errors are discovered, damage to one’s credit may have already taken place.

Read more below:

Flitter Milz Nets
$360k Award in
Mixed Credit File
Lawsuit 

How do credit files get mixed?

There are a variety of reasons why credit files get mixed.  With the amount of information handled by creditors and the credit bureaus, mistakes are bound to happen.  For example, information from an application may be keyed into a file incorrectly. Digits on a social security number may be transposed, or a name misspelled from an application.  Those errors can pass from the original creditor through to the credit bureau.  Or, the credit bureau mistakenly may combine credit files of two or more different consumers into one file.  Unfortunately, the errors may not be discovered until the consumer reviews his or her report…usually after applying for new credit.

Common errors on mixed credit files
-Share a common family name, such as Smith or Jones

-Name suffixes – i.e. Sr., Jr., III
-Identical names
-Common address
-Similar Social Security Number or Birthdate
-Co-signers on loans
-Unidentifiable accounts resulting from identity theft
-Public record listings – judgments, liens, foreclosures.

Correcting mis-merged or mixed credit files 

If you believe someone else’s information has been mixed with or merged onto your credit file, a written dispute must be sent to the reporting agency.  Disputes for information on credit reports should be sent directly to Transunion, Experian or Equifax.  If errors appear on an industry specific agency report, such as ones used by employers, insurance companies, banks, or landlords for screening applicants, the dispute must be sent directly to that agency.  Correction of mis-merged or mixed credit files is similar to disputing errors on credit files.  Consumers should follow these important steps:

STEP ONE
Obtain current copies of your credit reports from Transunion, Experian and Equifax, or the industry specific agency.

Write for a current copy of your complete report.  Your letter must include two forms of identification to validate your ID and address, such as a current driver’s license and utility bill.

STEP TWO
Highlight items on your report that are incorrect.

STEP THREE
Gather documents that confirm your identity.  You must be able to distinguish yourself from the other person, such as a birth certificate, social security card, passport, driver’s license, account statements with your address, or paystub from your employer.  Provide copies of documents that specifically relate to the error(s) on the report.

Also, if you know who the mixed information belongs to, such as a relative, let the credit bureau know.  This may help in their investigation and enable a faster resolution to your dispute.

STEP FOUR
Prepare a dispute letter for the reporting bureau.  The letter must state that your file has been mixed with someone else.  Clearly identify the mistakes and provide relevant documents that show the error(s).  Request that the bureau correct your file.  Ask for written confirmation that shows the correction has been made.

The credit bureau has 30 days to address disputes

The reporting bureau has 30 days to respond to your written dispute.  If errors are not corrected, you may need to send a second dispute to that bureau, and possibly provide additional documentation.  Or, you may need to write to the underlying creditor, explain the problem and request corrected information be sent to the reporting bureau.

Can I sue the Credit Bureau or Credit Furnisher?

The Fair Credit Reporting Act is a federal law written to protect consumers from inaccurate or incomplete information listed on credit files.  When credit bureaus or credit furnishers do not take steps to correct errors on credit reports, the consumer may consider filing a lawsuit against the reporting bureau or creditor furnisher.

 

Flitter Milz in Action


Flitter Milz nets $360K Award in Mixed-File Case:
Hutchins v. Mountain Run Solutions, LLC

A U.S. federal court recently awarded $360,000 to our client, a young man whose life was upended by a debt collector who refused to remove an inaccurate account from his credit report despite our client’s numerous requests.  The case is Hutchins v. Mountain Run Solutions, LLC and can be found here.

Our client is a young professional who noticed a collection account he didn’t recognize on his credit report.  The account – which dragged down his credit score – belonged to his father, who shared the same name but had a different date of birth, SSN, and address.  The son made three disputes to the credit bureau Experian and the debt collector, Mountain Run Solutions, claiming the debt was not his and asking for an investigation, only to have his requests to investigate ignored.  He was forced to sue.

Mixed files like this, as recognized by the Consumer Financial Protection Bureau, are a big, big problem in the credit reporting industry.

After a damages hearing in federal court, the court entered judgment against the debt collector, awarding $180,000 to the son for the mental and emotional toll the negative credit caused him.  The court also said punitive damages were warranted for the debt collector’s knowing and willful violation, adding another $180,000 to the award for a total of $360,000.  (The claim against the credit bureau was resolved out of court).

Seek Qualified Legal Counsel

If someone else’s debt or a stranger’s account is on your credit report, Flitter Milz can help.  Whether your credit file has been mixed or mis-merged with a family member, someone with a similar name, or a total stranger, your consumer rights may have been violated.  Contact Us for a no cost evaluation.

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