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.

Consumer Law

How to Spend Responsibly on Credit Cards

It’s hard to argue with the convenience of a credit card. Credit provides you with flexibility when it comes to spending. Your card is always available to use regardless of when you expect your next paycheck. Owning a credit card and making timely payments also helps your credit because it shows lenders that you’re a trustworthy and responsible borrower.

It’s important to establish responsible spending habits early so that you don’t find yourself with significant amounts of debt later in life. Carrying a balance each month can make it difficult to stay on top of payments. Here are some credit spending tips that you should practice now to keep your finances healthy for your future.

Set a Budget

The perk of using a credit card is having the ability to spend money you may not necessarily have at the moment. But this can be a dangerous. It can lead to spending above your means. Create a reasonable spending budget for your card to ensure that you don’t overspend.

Pay the Balance in Full Each Month

Carrying a balance from month to month like so many consumers do isn’t ideal. Many cards have high interest rates, which make it even more difficult to keep up with payments every month. Set a goal to pay your balance in full and on time each month so that you don’t end up paying exorbitant late fees and interest.

Keep Your Credit Utilization Low

It’s never a good idea to max out a credit card. Your credit utilization plays a major factor in your credit score. Ideally, you don’t want to spend more than 30% of your credit limit. This means if you have a $1,000 credit limit on a card, you shouldn’t spend more than $300. If you have a higher budget and want to use your card more, pay the existing balance before it’s due to bring your available credit back to its full amount.

Find a Card with No Annual Fees

When you shop around for a new credit card, look for ones with lower interest rates, no annual fees, and useful perks. Many cards offer cash back on any amount that you spend with your card. Others offer travel perks like airline miles.

Pay Off Credit Card Debt

Get control over credit card debt as soon as possible. Making minimum payments will mean paying excessive amounts of interest over time and can make you feel as if you’ll never get out of debt. Cut your spending wherever you can so that you can focus on paying off your debt as quickly as possible.

Seek Free Legal Help

Flitter Milz is a nationally recognized consumer protection law firm that represents victims of abusive collection tactics, credit reporting accuracy and privacy issues and wrongful vehicle repossessions.  Contact Us with your consumer credit concerns.  There is no cost for the consultation.

How do I Get a Better Auto Loan?

Shopping for a new vehicle can be overwhelming on its own without even considering the auto loan application process. But if you don’t take the time to research and compare auto loans, you may end up with a bad deal.

Review your Credit Reports

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Before you begin to shop around for the best deal, check your credit report. Your overall credit will give you a general idea of what interest rates to expect. You should also consider your budget and how much you can afford to spend each month on vehicle loan payments. It’s important to make a purchase that you can afford. If you fall behind on loan payments, your vehicle may be at risk for repossession. A vehicle repossession negatively affects your credit for up to seven years. You should also keep in mind that shorter term loans will mean that you pay higher monthly payments, but less over the course of the loan.

Evaluate your credit score

When you apply for an auto loan, your credit score will take a slight hit. The credit bureaus will treat several loan applications made within a short time frame as a single application. If you were to receive credit denials from several potential lenders, your credit report could be impacted negatively and your credit score may drop.

Seek Legal Advice

Flitter Milz is a consumer protection law firm that represents victims of vehicle repossession.  If a borrower defaults on a bad auto loan and the vehicle is repossessed, Flitter Milz will evaluate whether the lender violated the borrower’s consumer rights.  If your vehicle has been repossessed in the past six years, Contact Us for a free evaluation.

What College Students Need to Know about Credit

As a college student, your credit is probably one of the last things on your mind. It can be a challenge to balance your classes and coursework while responsibly managing your finances, especially if this is the first time you have had to manage and budget your money.

Many students don’t realize that they start to build their credit right away once they take out student loans, or have expenses like utilities and rent.

If you continue to regularly monitor your credit report, pay bills on time, and keep your credit utilization low, your overall credit will remain in great standing. Good credit after college will make it easier for you to purchase a car, rent without a cosigner, and may even help you secure a job.

Tips for Building Credit

As a young person, you may not have a very extensive credit history. Unless a parent listed you as an authorized user on a credit card, your history is probably minimal. Sparse information may make it more difficult for you to secure new lines of credit or loans without a cosigner because lenders can’t be certain of your likeliness to make timely payments.

If you have student loans, these accounts will appear on your credit report and reflect positively as long as you make payments on time and in full. If you’re struggling with payments, look into income-based repayment options to avoid going into default.

You may also want to consider opening a credit card if you don’t already have one. Different types of accounts add diversity to your credit portfolio and will reflect positively on your score. Shop around for a card with little to no annual fees. Older accounts are more beneficial to your history, so the account will continue to positively affect your credit over time as long as you make payments in full and on time.

Tips for Monitoring Credit

Request your Credit Report
Every twelve months you are entitled to obtain a free credit report from each Transunion, Experian and Equifax. It’s important to regularly monitor your reports, even as a student, because there could be errors that negatively affect it. Write for a copy of your report and have it mailed to you.

Dispute Errors on your Credit Report
Although the credit bureaus have similar listings, the information that appears on one report may differ from another.  Be sure to obtain copies of all three reports and review them carefully.  If you find an error on your credit report, be sure to send a written dispute to those credit bureaus. You may also want to dispute the error with the creditor. Be sure to include any documents and relevant information that supports your claim.

Keep Your Credit Utilization Low
Your credit utilization also plays an important role in your overall credit health. If you regularly use more than 30% of your available credit, this may have a negative impact on your score. For example, if you have a credit card with a $1000 credit limit, you should avoid spending more than $300. This shows that you’re not only using a small amount of the credit that’s being loaned to you, but that you are using the credit responsibly and paying the amount borrowed.

Seek Legal Help

Flitter Milz is a consumer protection law firm that represents victims with problems involving credit reporting issues, debt collection harassment and vehicle repossessions. Contact Us for a free consultation to discuss your consumer credit issues.  If your rights have been violated, our firm will sue the credit bureau, debt collector or lender at no cost to you.

 

5 Money Mistakes for Students to Avoid

College is stressful enough without having to worry about financial issues. Avoid these five common money mistakes to stay on track with your spending.

1. Not Setting a Budget

There are a lot of expenses when you’re a student. Tuition and textbooks aside, you also need money for things like rent, utilities, and going out with friends. It’s easy to quickly burn through your money without realizing how much you’re spending. This is why it’s so important to set well defined budgets.

Budgets for different spending categories will keep you on track and will help prevent you from spending above your means. Look at your recent transaction history to gauge how much you typically spend on expenses like utilities, groceries, and entertainment. Set a modest and reasonable goal for each category and work on not exceeding your budget.

2. Paying Bills Late

Many students don’t realize that late bill payments can negatively affect their credit. You start to develop credit history right away, so financial irresponsibility during school could have an impact later in life. Credit history is a factor when you’re seeking new lines of credit, applying to rent an apartment, and sometimes even in a potential employment opportunity.

Always pay your bills on time. Include all bill payments in your budget and set reminders so that you don’t lose track during a busy semester.

3. Spending Too Much on Credit Cards

Credit cards are convenient. It’s easy to spend hundreds of dollars without thinking about when you have to pay it back. But overspending on your credit card means you risk spending more than you can afford.

If you only pay the minimum balance each month, you could end up paying excessive interest fees. Spending more than 30% of your available credit can also have a negative effect on your credit overall. For example, your credit score may take a hit if you spend more than $300 on a card that has a credit limit of $1,000.

Keep your credit usage below 30% and always pay off your balance in full and on time every month.

4. Not Paying Off Student Loan Interest During School

If you have student loans, you may be wondering why you should bother making payments while you’re still in school – you aren’t required to, and there’s even a grace period after you graduate for most loans.

Unsubsidized loans start to accrue interest as soon as they’re disbursed. This means that your loan amounts are slowly creeping up even when you’re still in school. Eventually, you’ll have to pay interest on top of this interest.

Depending on your interest rates, it may be entirely manageable to keep up with these payments during school. Small payments each month now could mean thousands of dollars in savings later on.

5. Spending Money on Things You Don’t Need

It’s easy to spend money on items you don’t really need – new clothes for a party, brand new furniture, new cookware. You should have some room in your budget for unexpected expenses and fun purchases, but don’t go overboard.

Before you buy something new, decide if you really need it or if you can find it cheaper elsewhere. Not only will this help you stick to your budget, it will also mean you have fewer things to pack up and move when it comes time to graduate.

Seek Legal Help

Flitter Milz is a nationally recognized consumer protection law firm that represents victims of abusive collection tactics by debt collectors, and those with credit reporting privacy and accuracy issues.  Contact us to discuss your consumer credit concern.

Personal Finance Basics for College Students

The start of a new college semester is a busy and exciting time. As you prepare to begin new classes, it’s important to consider how you’ll manage your finances while you’re in school. Follow these tips to keep your finances in order and avoid any unnecessary additional stress.

Set a Budget

Whether you receive a stipend from financial aid, are working part-time, or get financial help from your parents, it’s important to set a monthly budget to stay on track with your finances. You should budget for mandatory expenses like room and board or rent, utilities, and groceries, but you should also consider how much you can afford to spend on dining out and entertainment. Sticking to a budget will help you stay organized and help ensure that you don’t spend above your means.

Start a Savings Account

If you work during school, make it a goal to save ten percent or more of your income and put it into a savings account. Even if it seems like a small amount, savings will help when it comes time to graduate and find an apartment or begin to pay off student loans. It’s also helpful to have some money saved up in case of an emergency.

Pay Off Loan Interest During School

Many students take out both federal and private loans in order to fund their education. If you have student loans, you likely already know that you’re not required to pay them off until after you graduate, and there is typically a six month grace period following your graduation as well.

However, it’s a good idea to pay off the interest that accrues on your loans while you’re still in school if you have the means to do so. Some of your loans may be subsidized, meaning they won’t accrue interest while you’re still in school, but unsubsidized loans begin to accrue interest from the date that they are issued. Not paying this interest means you’ll eventually have to pay interest on the interest that you didn’t pay previously.

Build Your Credit

It’s important to keep in mind that your credit history will begin to develop right away. Certain bills are included on your credit report, so it’s critical to pay them in full and on time to avoid negative marks on your credit. Student loans will also appear on your credit report and will help you establish positive history as you make payments on time.

In order to secure new lines of credit in the future, a lender will pull your report to determine your creditworthiness. It is possible to get denied for credit if you lack sufficient credit history, so it’s helpful to try to build credit while you’re still in school.

The Credit Card Act of 2009 placed restrictions on individuals under the age of 21 getting a credit card without a cosigner, but secure credit cards are still a good option. A secure credit card requires an initial deposit. This deposit then acts as your available amount of credit. You can also build credit as an authorized user on a parent’s credit card.

Check Your Credit Report Regularly

You can get a free credit report from each of the three credit bureaus – TransUnion, Experian, and Equifax – every twelve months. Checking your own credit report does not reflect negatively on your credit. You may choose to request a copy from one bureau at a time so that you can check your report several times throughout the year.

Always review your report for errors and inaccurate information. Incorrect listings can have a negative impact on your credit if they aren’t addressed. Dispute any incorrect information with the bureau and with the creditor and provide any documentation that supports your claim.

Successfully managing your finances and building healthy credit requires consistency and time. With these tips you’ll be well on your way to good credit.

Seek Legal Help

Flitter Milz is a nationally recognized consumer protection law firm that represents victims of abusive collection tactics by debt collectors, and those with credit reporting accuracy and privacy issues.  Contact us to discuss your consumer credit concern.  There is no cost for the consultation.

6 Credit Definitions You Must Know

Poor credit and unsteady financial standing can make many aspects of your life much more difficult than they need to be. Your credit follows you wherever you go, and it can affect your ability to get a job, rent an apartment, or secure new lines of credit. For this reason, it’s important to prioritize your credit health and always make sure your finances are in the best order that they can be.

As a consumer, it’s important to educate yourself on all of the financial aspects that affect your credit. Make sure that you’re aware of how your open accounts will increase or decrease your credit score and how certain financial mishaps are reflected on your credit report. Certain occurrences like a vehicle repossession, late payments, or a defaulted account will result in negative marks on your credit report. These types of negative marks can remain on your report for many years. Take the following steps:

Learn these 6 Important Credit Definitions.

1. Credit Report:  A credit report is a statement that has information about your credit activity and current credit situation such as loan paying history and the status of your credit accounts.

2: Credit Bureau: The three main credit bureaus are Transunion, Experian and Equifax. Credit bureaus collect data from lenders and creditors and provide reports to the consumer, and to prospective lenders.  The reports show a consumer’s payment history and amounts owed on credit cards, mortgages, auto loans, etc.

3. Credit Score: A credit score is based on credit history – the number of open accounts, total levels of debt, and repayment history, and other factors.  Lenders used credit scores to evaluate the probability that an individual will repay loans in a timely manner.

4. Hard Inquiry: A hard inquiry, or “hard pull”, occurs when you apply for a new line of credit, such as a credit card or loan.  It means that a creditor has requested to look at your credit report to determine how much risk you pose as a borrower. Hard inquiries show up on your credit report and can affect your credit score.

5. Soft Inquiry: A soft inquiry occurs in cases where you check your own credit or when a lender or credit card company checks your credit to pre-approve you for an offer.  Soft inquiries do not impact your credit scores.

6. Debt-to-Income Ratio: A Debt-to-Income Ratio is all your monthly debt payments divided by your gross monthly income.  This number is one way lenders measure your ability to manage the monthly payments to repay the money you plan to borrow.

Check your credit reports regularly.

Ensure that all information on your credit reports is accurate and up to date by checking your reports regularly. All consumers are entitled to one free credit report each year from each three of the credit reporting bureaus.

Set Goals to Improve your Credit.

Determining benchmarks to improve your credit standing over time.

Seek Legal Help

Flitter Milz is a nationally recognized consumer protection law firm that represents victims of abusive collection tactics, wrongful vehicle repossessions and credit reporting privacy and accuracy issues.  Contact Us to discuss your consumer credit concern.

 

How to Secure an Auto Loan

When you’re in the market to purchase a new vehicle and need to secure an auto loan to do so, it’s always best not only to shop around for the car, but also to shop for the best interest rate and loan that works best for you.

Often times, consumers will secure a loan to purchase their dream car, but will then fall behind on payments and become delinquent. This tarnishes your credit score and may even result in vehicle repossession.

Here are some steps to take prior to securing a loan, and how to ensure that you find the best loan agreement that fits your budget.

Check Your Credit

Man questioning credit reportThere are a number of factors that will affect your auto loan agreement, but the most important is your credit history. Before you start shopping for interest rates, check your credit report and credit score. You can get a free credit report from each of the credit reporting bureaus, TransUnion, Experian, and Equifax, every 12 months.

Review each credit report for accuracy. Dispute any credit report errors by writing directly to the reporting agency. Negative listings that are more than seven and a half years old, like prior vehicle repossessions, should no longer appear on your report.

You should also review your credit score. This gives lenders an idea of your creditworthiness and will help determine what kind of interest rates you’ll be eligible for.

Assess Your Finances

Take the time to consider your current financial situation. Create a budget if you don’t already have one. This will help you determine how much you can afford to spend on monthly auto loan payments and will help you avoid signing an agreement that you can’t afford.

Choose a Lender

Once you know your budget, you can begin shopping around for lenders and interest rates. A higher credit score and healthy credit report will make you eligible for loans with lower interest rates. You should also consider whether you want to sign an agreement with a bank, finance company or credit union.

Credit unions may be able to offer lower interest rates than banks and finance companies, but they may only lend to members and may have more stringent credit requirements than a bank. Do your homework!

Review Documents Carefully Before Signing

Always secure your auto loan agreement in writing, and be sure to review all of the details of the agreement very carefully before signing. This agreement should provide details related to default and steps the lender can take if terms of the loan are broken.

Seek Legal Advice

Flitter Milz is a consumer protection law firm that represents borrowers that have defaulted on their auto loan.  Whether payments have been missed or not, the lender must follow the law.   Contact Us for a FREE legal evaluation.

How Increased Interest Rates Will Affect You

What does it mean when the Federal Reserve increases interest rates and how will it affect your overall financial well-being?

Rate increases by the Federal Reserve may impact auto loans, mortgages, savings accounts, credit cards and refinanced loans. Unfortunately, if you carry a balance on that credit, you’ll most likely see your monthly payments increase. Paying off your credit balance with each statement will not only help you avoid an increase in monthly payment amounts, it will also help to improve your overall credit score.

If you can’t afford your monthly payments and your account goes into default, it may be sent to a third party debt collector. Debt collectors must follow specific guidelines when they contact you about your debt. The Fair Debt Collection Practices Act  is the federal law that outlines violations to a consumer’s rights by abusive debt collectors. You may request the collector provide validation of the debt and a detailed itemization of the amount claimed.

Negotiate a Payment Plan

You may also be able to negotiate a payment plan with the collector. Charges like interest and late fees could be removed from the balance when negotiated. If the collector is willing to agree to a payment plan, be sure to get the agreement in writing.  This letter should detail payment terms including the monthly payment amount, payment due date, total of payments and total balance owed.  Be sure to make your payments as agreed.

Settled Debt and Tax Implications

If you settle a debt consisting of $600 or more in principal — the actual loan amount, not interest or fees — for less than the full balance owed, there could be income tax consequences.  If you have questions concerning tax on a settled debt, be sure to seek advice of an accountant or tax advisor.

Seek Legal Help

Flitter Milz is a nationally recognized consumer protection law firm that represents victims of abusive debt collection tactics.  Contact Us for a free evaluation of collection letters and phone calls that you have received.  Whether or not you owe the debt, the collector must follow the law.

Cary Flitter — Next Lawyer Up

Listen to the podcast here.

Cary Flitter was interviewed on Next Lawyer Up, a podcast that features discussions with consumer lawyers across the country. Led by Ron Sykstus, partner with the prominent Alabama bankruptcy firm Bond & Botes, P.C., Cary was asked to discuss his background as a born and bred Philadelphian and graduate of Central High School (231), what drove him to become an attorney, and how he chose to develop a practice in consumer protection law.

Ron met Cary several years ago at a national consumer law conference where Cary spoke on consumer law issues. Ron found him to be a very engaging speaker. He liked Cary’s straightforward speaking style and ability to explain complex legal issues in a simple and understandable fashion.

Cary is regarded as a well-respected consumer law attorney whose advice and counsel is sought nationwide. He has been advocating for consumer rights for over 30 years. Building a practice around litigating cases on behalf of consumers against debt collectors, banks and finance companies, insurance companies, car dealers and credit reporting agencies, Cary has been recognized for litigating cases that have broken new ground, helped to shape the law itself and set precedent for future legal decisions.

Cary’s firm, Flitter Milz, P.C., is based in the suburban Philadelphia town of Narberth, with offices in Northeastern Pennsylvania and New Jersey. He represents clients as individuals and class actions in consumer lending, unfair debt collection, vehicle financing and leasing overcharges, wrongful car repossessions, credit reporting, credit privacy, unwanted “robo” calls and other consumer cases.

Cary currently serves on the adjunct faculty at Temple University’s James E. Beasley School of Law and Delaware Law School of Widener University where he teaches Consumer Law & Litigation. He has accepted invitations to guest lecture on consumer law topics at Harvard Law School, University of Pennsylvania School of Law, and many other venues.

Cary is a member of the National Association of Consumer Advocates and regularly presents at seminars around the country to train fellow lawyers and law students on developments and strategies in consumer law. As an author, Cary has contributed to Pennsylvania Consumer Law, the leading legal treatise in Pennsylvania on consumer law issues, and Consumer Class Actions published by the National Consumer Law Center in Boston.

 

How to Build an Emergency Savings Fund

Unfortunately, emergencies happen to all of us. Maybe your pet is suddenly sick and you have to pay an expensive vet bill. Or, you get into a fender bender and need to pay to get your car fixed. Emergencies are serious, unexpected situations that require immediate action. Many Americans don’t have enough money in savings to cover the cost of these unexpected expenses.   More often than not, they turn to credit cards to pay for emergencies.

While using credit is fine from time to time, it can be detrimental to rely on it, especially if you can’t keep up with the minimum payments. If you fall behind on payments, your account could go into default and negatively affect your credit report and credit score.

To set up an emergency fund that can help to avoid using credit cards in the future, follow these steps.

1. Establish a Specific Savings Goal

Start with a savings goal of $1000 and set aggressive benchmarks to reach your goal. Create a budget for your expenses and determine where you can cut costs for a few months. Food, entertainment, and transportation expenses are a good place to start.

2. Deduct a Set Amount from Your Paycheck

Deduct a set amount of money from every paycheck and put this into a savings account. Many online banking accounts allow you to set this up automatically so that it’s easier to stay on track.

$1000 is enough to cover many emergencies. Once you reach this goal, you can set more modest goals and work on building a more substantial savings account over time.

3. Consider Other Sources of Income

If you can’t find areas to cut expenses and are having difficulty saving a portion of each paycheck, consider potential sources for additional income. Babysitting, dog sitting, and house cleaning, or seasonal work such as cutting grass, raking leaves or shoveling snow, are all good part time options that are always in demand.

4. Take Charge of Your Finances

Assess your overall financial well-being. Request your current credit report and address any issues or inaccurate information.

If you’ve relied on credit for emergencies in the past and find yourself in debt as a result, take steps to pay off credit card debt over time. If you begin to receive contact from debt collectors, make sure you’re familiar with the Fair Debt Collection Practices Act. Under this law, debt collectors are not allowed to threaten or harass you, provide false information about your debt, or contact friends, neighbors or family about your debt.

Get Legal Help from Abusive Debt Collectors

Flitter Milz is a consumer protection law firm that represents people that have become victim to debt collector’s abusive practices.  If you have been contacted by a collection agency or law firm collector, we will evaluate whether your consumer rights have been violated – whether you fell behind on payments or not.  Contact us for a free legal evaluation.