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.

Credit Reports

Credit Report Listings with Negative Impact

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

Every person’s credit report has the following:

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

What you can do about negative listings

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

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

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

Seek Legal Help

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

How to Get a Job When You Have Poor Credit

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

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

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

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

1. Obtain current credit reports

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

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

2. Ask employer about credit checks

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

3. Know your rights

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

4. Take steps to improve your credit

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

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

Seek Legal Help

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

 

Check Your Credit Score Before Submitting New Applications

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

How to Obtain your Credit Score

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

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

Get Legal Help

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

What to Do if You’re Denied a Loan

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

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

  1. Figure out why you were denied

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

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

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

 2. Submit an application with a different bank

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

3. Consider getting a guarantor or co-signer

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

4. Pay down debt

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

5. Review your budget and credit profile

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

6. Seek legal advice

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

Avoid Credit Damage During Divorce

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

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

Protect accounts in your name

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

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

Get Legal Help

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

How to Read Your Credit Report

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

Reading Credit reports may be overwhelming

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

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

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

Obtain your Free Credit Report

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

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

Seek Legal Help 

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

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

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

 

7 New Year’s Resolutions to Improve Your Finances

Many people view a new year as a chance for a fresh start. It’s a great time to evaluate your financial health and set some goals for improvement. When you make resolutions, it’s important to set realistic, achievable goals so that you don’t get discouraged. Here are some ideas to get you started.

Create a budget and stick to it

Budgeting, or analyzing spending habits, is the best thing you can do for your finances. When you see how much money is spent on mandatory expenses, such as mortgage or rent, utilities, groceries, or loans, versus non-essential expenses, such as dining out, parties, gifts or vacations, you may find a way to reorganize expenses to make spending cuts, begin saving and start to pay off debt.

Once you’ve determined how much you spend on the necessities, compare what’s left over to your monthly income. Avoid setting budgets that are unrealistic.  You want to establish a budget that you will stick to and be able to feel success.

Grow your savings account

The amount of savings you have ultimately depends on your financial situation, but most experts say you should have enough to cover six to nine months of living expenses. Unless you already have a substantial amount saved, it isn’t realistic to make this your goal for the year. Instead, work on small progress over time. Refer back to your budget and determine how much you can save each month. Ideally, you should save at least 10% every month. By the end of the year, you’ll be well on your way to a healthy savings account.

Pay down your debt

You already know that the sooner you can pay off your debt, the better. You’ll end up paying less overall by avoiding extra interest accrual.

If you’re able to, set a goal to aggressively pay down your debt this year. Pay more than the minimum amount due to see progress more quickly. Try to trim extra expenses from other budget categories so you can prioritize your debt.

Pay on time

If you’ve struggled with timely bill payments in the past, make it your goal this year to always pay on time. Set up automatic payments if you can, or create recurring reminders on your calendar or in your phone. You’ll save money because you won’t be hit with late payment fees, and your credit will improve.

Check your credit regularly

The best way to know where you stand financially is to regularly check your credit report. You’re entitled to one free credit report from each of the three credit reporting bureaus every 12 months. Your report has information about your current credit account standing and payment history. It also includes any negative occurrences, like car repossessions or accounts in default. Check your report regularly to make sure the information is accurate and up to date.

Improve your credit score

If your credit score is on the lower end, set a goal to improve it this year. Pay any overdue bill payments, and make sure you make all payments on time moving forward. Keep credit usage below 30% of your available credit. This means you shouldn’t spend more than $300 on a card with a limit of $1,000.

Keep in mind that if you apply for new credit this year, whether it’s an auto loan or a credit card, the lender will most likely perform a hard inquiry, which could lower your score.

Become more financially literate

Are there certain aspects of your finances that you struggle to understand? Take the time this year to learn more. Whether you want to do research into different ways to invest your money, or you want to have a better understanding of how interest accrues on your loans, having a solid understanding paves the way for healthier financial well being.

Seek Legal Help

Flitter Milz is a consumer protection law firm that represents victims with credit reporting problems, those that have received contact from abusive debt collectors, and have had vehicles wrongfully repossessed.  Contact us for a free consultation to determine whether your consumer rights have been violated.

What To Do If Your Identity is Stolen

Identity theft happens when someone uses your personal or financial information without your permission.  It can damage your credit status and ability to utilize credit. If you suspect someone has stolen your identity, it’s important to take action immediately. The consequences can be disastrous, but following these steps will help secure your information and prevent your credit from getting tarnished by someone else’s actions.

Most Common forms of Identity Theft 
– Account Takeover Fraud
– Debit Card Fraud or Credit Card Fraud
– Driver’s License Identity Theft
– Mail Identity Theft
– Online Shopping Fraud
– Social Security Number Identity Theft
– Senior Citizen Identity Theft and Scams
– Child Identity Theft

8 Self-Help Steps for Identity Theft Victims 

1) File a Police Report

File a Police Report with the local police department and request a copy of the report for your files. A copy of the police report must accompany all disputes to the bank and or creditor.

2) Contact the Bank or Creditor

When you discover suspicious charges or withdrawals on an account, immediately contact the bank or creditor and inform them that the charges were not made by you. Follow up the call with a letter confirming specific details of the issue. Keep a copy of all correspondence for your files.

3) File ID Theft Affidavit with the FTC

Identity Theft must be reported to the Federal Trade Commission through submission of an Identity Theft Affidavit.  This form must be completed and signed in the presence of a law enforcement officer, then submitted to the Federal Trade Commission.
For an Identity Theft Affidavit:
CALL:      FTC Identity Theft Hotline
                 877-ID-THEFT  or  (877-438-4338)
ONLINE:  identitytheft.gov
Retain a copy of your submitted affidavit.

4) File a Fraud Alert with each credit bureau

After discovering suspicious activity on a credit card or bank account statement, contact the three main credit bureaus – Transunion, Experian and Equifax –  to place a fraud alert on your credit file.

A fraud alert letter, accompanied by the police report, notifies the credit bureaus that you’re a victim of identity theft. Afterwards, the bureaus must confirm with you any new applications for accounts before authorizing approval.  Fraud alerts remain on credit files for 90
days and are free to the consumer.

5) Request Your Credit Report

Credit Report RequestRequest a copy of your credit report directly from each of the three main bureaus — Transunion, Experian and Equifax.  Review each report for listings of accounts or entries that do not belong to you or that you don’t recognize.

6) Send a Blocking Letter to the Credit Bureau

After review of your credit reports and identification of accounts that do not belong to you, a Blocking Letter should be sent to the credit bureau. The Blocking Letter confirms:
– You are an identity theft victim
– Suspicious or unrecognizable accounts.
– Accounts blocked from all future transactions or charges.

A Blocking Letter must include a copy of the police report filed, a current copy of your credit report with unrecognizable items circled, and a copy of your Fraud Alert Letter sent to the credit bureau.

7) Keep a Good Paper Trail of all Documents & Correspondence

Organize your files with all information related to the identity theft.  As each case of identity theft is unique, it can take months, or even years to untangle the fraud and restore your credit.

Documents must be readily accessible    Maintain files that are categorized by police records, credit bureaus, banks, and creditors. Assemble all correspondence, statements, phone logs, photographs, and notes for easy access and reference for future correspondence.

8) Protect Your Personal Information

Minimize the risk of identity theft for the future.

  • Keep your social security card in a safe space, not on your person.
  • Shred documents that have personal information like your social security number, bank account number or PIN, and credit card number.
  • Never provide personal information over the phone or online unless you have verified that the requesting party is legitimate.
  • Use secure, complex passwords. Don’t repeat passwords across websites. Keep your passwords in a safe place.  You may want to consider using a password storing tool to list your accounts and passwords.

Experienced Consumer Lawyers to Help

Flitter Milz is a consumer protection law firm representing victims of credit reporting errors and privacy violations and contact from abusive collection tactics which stem from identity theft.

If you have become a victim of identity theft and notice errors on your credit report, or have received calls or letters from debt collectors, Contact Us for a free consultation.  Our attorneys will evaluate whether your consumer rights have been violated.  Pictured above:
Attorneys Cary Flitter (center), Andy Milz (left), Jody López-Jacobs (right)

Are You Credit Invisible?

If you hear the term “credit invisible” it means that you may not have credit files  with the nationwide credit reporting agencies — Transunion, Experian and Equifax — or that the information that exists on your credit reports is very limited.

Credit invisibility doesn’t only apply to young individuals who haven’t built up their history yet. It can also apply to older individuals who have stopped using credit, or to Americans who live abroad and don’t keep their U.S. credit accounts active.

Lacking Credit History

Credit invisibility can be detrimental for a number of reasons. Lacking credit history can make it difficult or impossible to secure new lines of credit. This means you may not be able to get a loan for the house or car you want, or open a new credit card account. It could also make it more difficult for you to rent an apartment or get hired for a job.

Keep your credit files up-to-date

Stay up to date with your credit standing by checking your report regularly. Consumers may obtain credit reports from Transunion, Experian, and Equifax every twelve months for free. We recommend that you request your reports from the credit bureaus in writing and have them mailed to you. You should enclose two forms of identification, such as a current driver’s license and utility bill, with your request. Once you have your reports, review your information to make sure that all of your information is accurate.

Seek Legal Help

Flitter Milz is a nationally-recognized consumer protection law firm that represents victims of inaccurate credit report listings. Contact us for a free legal evaluation of errors that appear on your report.

Don’t Get Burned on Bad Credit

Checking your report regularly is the best way to ensure that your finances are healthy and that your overall credit remains in good standing. Poor credit can negatively affect your life in many ways. You can request your credit report by mail or online at annualcreditreport.com.

Consequences of Poor Credit

1. Higher Interest Rates

Individuals with lower credit scores and negative listings on their credit report will incur higher interest rates on new lines of credit.

2. Credit Application Denial

Poor credit can also result in loan application denial. Lenders will view you as a high risk borrower and are less likely to approve your application. This could mean you’ll have more difficulty purchasing a home or vehicle.

3. Difficulty Finding a Job

It’s becoming more common for potential employers to check an applicant’s credit before making a final hiring decision. This is especially common for jobs within banking and financial services, government, or jobs that require security clearance. Employment screening reports are also often used for trucking, nursing, food, and retail positions. Employers are required to provide you with report details if you’re denied a position as a result of the report.

4. Rental Application Denial

A lower credit score is likely to make it more difficult to rent an apartment. Landlords want to see that you can make payments on time. Poor credit can be a red flag that makes them less likely to rent to you.

5. Higher Utility Bills

A person with lower credit may experience higher utility bills than someone whose credit is in good standing. It can also make it more difficult to negotiate a cell phone contract, or result in a more expensive contract.

6. Debt Collection Contact

Negative credit listings are typically the result of late payments or accounts in default. When someone doesn’t make payments for 60 to 90 days, the account may be sent to a debt collector. Debt collection contact can be overwhelming and intimidating and can add stress to your financial situation.

Seek Legal Help

Flitter Milz is a nationally recognized consumer protection law firm that represents victims with credit reporting privacy and accuracy problems. Contact Us for a free legal evaluation of credit report errors.