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.

Consumer Laws Protects the Military

Flitter Milz Attorneys meet with JAG officers at local bases to discuss Military Consumer Law

This past summer our attorneys visited Joint Base McGuire-Dix-Lakehurst in New Jersey and Dover Air Force Base in Delaware to educate military lawyers (commonly known as Judge Advocates General or “JAGs”) about common scams targeting servicemembers and how consumer protection laws exist to give our men and women in uniform some measure of relief.

Scams to our Servicemembers

Young and impressionable servicemembers often become targets of scammers.  Factors such as reliable pay checks and great military benefits, as well as being subject to sudden deployment and relocation, make servicemembers easy prey for payday lenders, buy-here-pay-here auto dealers, and sub-prime finance companies.

The Law is on your side

Fortunately, the “Military Lending Act” places caps on interest rates to be charged, mandates certain disclosures, and prohibits the use of arbitration clauses in credit agreements. A violating seller can face punitive damages and having to pay the servicemember’s attorney fees.

 

The “Servicemembers Civil Relief Act” or SCRA provides additional protections. It says a creditor may not take a default judgment against an active servicemember.  SCRA requires a landlord abide protections for leasing rentals to active military, and empowers courts to stay (or temporarily halt) certain foreclosure and repossession proceedings.  The servicemember can also seek damages and their attorney fees for a violation.

Consumer Protection Laws for Servicemembers

Of course, all the other consumer protection laws Flitter Milz, PC routinely uses are also available to servicemembers. We have had military clients utilize the Fair Credit Reporting Act (FCRA) to remedy errors on their credit profiles that kept them from getting a promotion or security clearance.  Others have used the Fair Debt Collection Practices Act (FDCPA) to stave-off harassing collection attempts and repos.  Over all, we have helped thousands of consumers get relief from abusive commercial practices.

Seek Legal Help at No Cost

Flitter Milz is a nationally recognized consumer protection law firm that assists servicemembers who have become victim to credit reporting privacy and accuracy violations, abuse from debt collectors, and vehicle repossessions by aggressive lenders and repo agents.

If you’re a servicemember who has been exposed to unfair, fraudulent or deceptive conduct by a business, CONTACT US for a no cost consultation.  We may be able to help.

Pictured above:  Attorneys 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.

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.

 

Resolution for the New Year: Create a Budget and Avoid Credit Problems

Crafting a household budget is not only necessary to help evaluate spending patterns and measure income versus expenditures, but it also helps to ensure a secure financial future.

When an individual’s debt-to-income ratio rises, meaning that the person is taking on more debt than they are receiving in income, dire financial circumstances may occur for that person, and his or her family.

And if debt starts to get out of control and goes on unpaid for a period of time, debt collectors will no doubt start reaching out, your vehicle could get repossessed and credit scores could plummet.

It All Starts With Budgeting

The discipline of a budget helps keep a focus on income and payments towards all financial obligations.  Develop a plan to meet your obligations and protect your credit rating.

1. Obtain Current Credit Reports
One of the first steps toward keeping on top of your financial picture is to obtain current copies of your credit reports from the three main reporting agencies, Transunion, Experian and Equifax. You are entitled to one free credit report every 12 months from each credit bureau.

2. Evaluate Credit Reports for Accuracy
A review of your report will point out any negative entries and possibly errors, which could remain as black marks on your credit reports for up to seven-and-a-half years. These listings may affect terms on existing credit or your ability to obtain favorable terms on new lines of credit. If you discover errors on your reports, dispute the errors in writing directly with the credit bureau.

3. Where is your hard-earned money spent?

If you know how much money is coming in versus going out each month, it becomes less likely that you’ll overspend to the point where payments are skipped or missed. Create the budget that you can stick to with a payment schedule that you can meet.  When you stay in charge of your finances, you decide when it’s time to make a new purchase, whether it be for a home, education, a new vehicle, or another personal expense.

4. Develop a Budget that’s right for you.
It’s all about organization and discipline. Gather all of your paperwork, create files for each account, calendar your payments and focus on meeting your financial goals.  These steps will help you meet your goals.

  • Identify your income sources
  • Compile a list of all expenditures: i.e. rent/mortgage, auto loan, insurance, food, credit cards, etc.
  • Categorize expenses: i.e. essential/necessities versus extraneous/unnecessary
  • Develop a plan to satisfy obligations within a specific time period
  • Obtain current credit reports from Transunion, Experian and Equifax
  • Establish both long and short-term financial goals.
  • Develop a plan to meet your goals.
  • Consider ways to earn or save more to help meet your goals

Seek Legal Help

Flitter Milz is a nationally recognized consumer protection law firm that represents victims with consumer credit problems, such as credit reporting accuracy and privacy issues, abusive debt collection tactics, wrongful vehicle repossession, which stem from over-spending. If you have errors on your credit reports, have received contact from debt collectors, or your auto lender has repossessed your vehicle,  Contact Us for a no-cost evaluation to determine whether your consumer rights may have been violated.

Overwhelmed by debt? Bankruptcy may not be the answer.

What Happens When I Declare Bankruptcy Consumers Law

Bankruptcy may be an opportunity for a fresh start, however, it is not without consequences. Often the ripples resonating from bankruptcy can affect your financial life for many years to come.

If you are overwhelmed with debt, you may want to consult with a consumer protection attorney.  The consumer protection laws provide protections from abusive collection tactics used by collection agencies and law firm collectors.

Continue reading Overwhelmed by debt? Bankruptcy may not be the answer.

Understanding Auto Loan Financing

Auto Loan

Cars, trucks, motorcycles, RVs or boats, they’re all expensive.  It’s unusual that these purchases are made in cash.  Whether buying a new or used vehicle, most people choose to finance the purchase and make specified payments over a designated period of time.  Financing can be arranged in two different ways.

Continue reading Understanding Auto Loan Financing

Consumer Protection Laws – Helping Consumers from Deceptive Business Practices

What do all of these things have in common?

  •        A business that misleads its customers through false advertising.

  •        A group of people who try to set up a pyramid scheme.

  •        An auto dealership that winds back the odometer before selling a used car.

 

Continue reading Consumer Protection Laws – Helping Consumers from Deceptive Business Practices

How can a Credit Report Lawyer help me?

Mistake on Credit Report

Credit report errors happen more often than most of us would like to think. The Consumer Financial Protection Bureau has listed credit report errors as one of the top complaints filed.  Believe it or not, one out of every 20 of us have errors on one of our three major credit reports.

Continue reading How can a Credit Report Lawyer help me?

How Will Borrowing Money Affect My Credit?

Getting a Loan

Taking out a loan can help you build your credit.  But remember, to get that benefit, loans must be paid back in full and on time, and according to the terms of the loan agreement.  When these terms are not met, the lender can take steps to repossess collateral and collect any money that is owed.  As a result, the defaulted loan can be listed negatively on credit reports and lower your credit scores.

Let’s take a closer look at how this all works.

Continue reading How Will Borrowing Money Affect My Credit?