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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

What Can I Do If My Car Was Repossessed by Mistake?

When you default on a car loan, your lender can repossess your vehicle. Most defaults come from someone failing to make their monthly payments. If you’re up to date on your payments and your car was repossessed, then clearly, a wrongful car repossession has occurred.

But even if you have missed payments, lenders and repo agents need to follow the law. If your vehicle has been unlawfully repossessed, you may be able to sue your lender and the repo agent.

Here’s what lenders and repossession companies need to do to stay within the bounds of the law:

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E-Signing Your Rights Away

In our increasingly paperless society, more and more companies are requiring consumers to sign contracts electronically, called “e-signing.”  You may have encountered this yourself.  A door-to-door salesperson promises you a deal that sounds almost too good to be true, but only if you sign their electronic tablet on the spot.  An online lender guarantees to get you money now, but only after you check the boxes on the website.  The convenience seems hard to pass on.  You don’t even have to deal with the finicky fine print! Instead, you get what you want, and you can get it now.

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How Do You Get Your Car Back After Repossession?

You don’t park your car in front of your house anymore.

It’s been a few months since you were able to make a payment and you’re worried about repo men showing up in the middle of the night.

What you didn’t anticipate is the repossession firm showing up where you work. Suddenly, you have no car, no way to get back home, no way to get anywhere.

This can be a devastating situation, but it’s not a hopeless one. Even though your car has been repossessed, it doesn’t mean you can’t get it back.

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Midland Credit Management KO’d in Flitter Milz Lawsuit

September 24, 2018/Philadelphia, PA

U.S. Court of Appeals precedential ruling impacts consumers nationwide

In an important ruling this week, the United States Court of Appeals for the Third Circuit in Philadelphia, PA agreed with Flitter Milz that a collection dun sent to a consumer was deceptive and in violation of the federal law regulating debt collectors.

Midland Credit Management, one of the largest debt-buyers and debt collectors in the United States, sent our client a collection notice stating Midland would “report forgiveness of debt as required by IRS regulations.”  Flitter Milz argued that the debt involved was so small that there is nothing ever to report to the IRS, and the statement about Internal Revenue was just a scare tactic.

The federal appeals court, sitting in Philadelphia, agreed that the consumer might be persuaded into thinking that a settlement may be reportable to the IRS, and this remark is misleading under the consumer laws.  The Court agreed with Flitter Milz, holding that “it is not merely the inclusion of a lie, but also incomplete” language in a collection letter that may violate the consumer laws. The Court has told Midland that ‘half-truths’ to consumers are not good enough.

Flitter Milz is a nationally recognized consumer protection law firm representing consumers in matters against collection agencies and collection law firms for violation of the Fair Debt Collection Practices Act. “This victory, is not just for our client and firm, but for consumers across the U.S.”, said Cary Flitter and Andy Milz.

To learn more about this case, Robert A. Schultz, Jr & Donna Schultz v Midland Credit Management, click here .  Consumers with questions about collection contact, calls or letters, from Midland Credit Management, contact us.

Midland Credit Management is a billion dollar purchaser of consumer debt, who collects and files collection lawsuits in Pennsylvania, New Jersey, New York and across the country.

Are you a Victim of a Solar Panel Scam?

Were you visited by a solar panel salesman, only to find that your credit report was pulled without your permission? Were you put in to a forged contract for solar energy?  If so, you may be the victim of a solar energy scam and your consumer rights may have been violated.

Door-to-door solar power sales is high pressure.  Solar panel salesmen are usually trained to engage unsuspecting homeowners in conversation and employ tactics to sell items that they may not be ready to buy.

Fraudulent Sales Tactics

Often, the consumer may be misled in to believing that the salesman works for his or her electric company.  During the sales pitch, the consumer may be asked to allow an inspection of the roof for a “roof survey”, or told that a review of energy bills is required.  The salesman may try to convince the consumer that energy costs will be lowered because solar energy is free, and with the installation of solar panels the consumer will make money.

Signing an iPad without seeing the Contract

To gain access to your property, the salesman may request your signature on a tablet or iPad.  Your signature may be used to commit you to a long term contract.  Or, unknowingly, your signature may provide permission for the solar panel company to obtain a copy of your credit report.

Credit Reports Obtained without Consent

The law requires that a company have a permissible purpose to obtain your credit report.  A consumer that seeks credit will be asked for permission to have his or her credit file reviewed.

Unless the consumer provides written consent for access to his or her credit file, the company is not permitted to obtain a copy of the credit report. The Fair Credit Reporting Act, offers protections to consumers whose reports were pulled without permission.

Whether a salesman comes to your door to sell solar panels or another product, the consumer must knowingly provide permission for credit reports to be pulled.  Obtaining access to credit reports under false pretenses could be a violation to your consumer rights.

Free Legal Evaluation for Solar Panel Fraud Victims

Flitter Milz is a nationally recognized consumer protection law firm that has pursued matters for consumers around the country against solar panel companies fraudulent sales tactics.  Whether a solar panel company has forged your signature, wasn’t upfront about the terms of its contract, or obtained your credit report without permission, we can provide a legal evaluation of your matter at no cost.  Contact us today to learn more.

Click to contact us if you've been the victim of a solar panel scam

7 Ways Millennials can boost their Credit Scores

Millennials may be aware of the harmful effects of bad credit. The difficulty is in determining ways to change habits and establish financial discipline that will improve their financial outlook and their credit scores.  The following steps may show useful ways to carve a path to a brighter financial future.

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Who Can See Your Credit Report?

Your credit report contains quite a bit of information about your financial history. It includes personal information, all of your open credit accounts and whether or not they are in good standing, and any negative marks, such as accounts in default or vehicle repossessions. Due to the sensitive nature of this information, not just anyone can see a copy of your credit report.

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What do Auto Lenders check on your Credit Report?

When you apply for an auto loan, lenders will perform a credit check on you. Your credit affects whether or not you’ll be approved for the loan, and the interest rate for the loan. The interest rate and terms of the loan have a major impact on how much you will end up paying overall, so it’s important that you know where your credit stands BEFORE you apply for an auto loan. When you apply, lenders will look at the following components of your credit file.

Continue reading What do Auto Lenders check on your Credit Report? →