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.

Credit Reports

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.

 

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.

 

Credit Lessons for College Students

As a college student, this is likely the first time you’re responsible for your own finances. The way you manage your money in college can have a longstanding effect on your overall credit. Here are some important things to know about credit and what financial actions can help and hurt you.

Know the difference between your credit score and credit report

You’ve probably heard both of these terms used before, but what’s the difference between the two? Think of your credit score as an overall summary of your creditworthiness. Scores fall between 300 and 850, and the higher the number, the better the score. The average credit score is between 670 and 700, and a score above 720 is considered to be excellent. Lenders use credit scores to determine who qualifies for a loan as well as the terms of the loan agreement.

Credit reports contain more detailed information about your credit history than your score alone. They include payment history records as well as employment, legal, and bankruptcy information. Negative listings on your credit report, such as late payments, loan defaults, or a vehicle repossession, will lower your credit score.

Paying bills late will hurt your credit score

Timely payments are extremely important to your overall credit health. Late payments will appear on your credit report and have a negative effect on your credit score. Create reminders for all of your monthly bill payments like utilities, rent, student loans, and credit cards so that you don’t miss a payment and risk hurting your credit.

Checking your credit doesn’t hurt your score

There’s a common myth that checking your own credit will lower your score, but this isn’t true. Consumers are entitled to one free credit report from each of the three credit bureaus – Experian, TransUnion, and Equifax – every 12 months. You can request one from a single bureau every four months to ensure that you’re always monitoring your credit for accuracy. Credit report errors are relatively common, so it’s important to monitor your information and make sure that everything is accurate.

A potential employer can perform credit checks on you

Employment screening reports have become more and more common, especially for individuals seeking employment in banking and financial services, government, or jobs that require security clearance. They may also be used in various other industries such as trucking, nursing, food, and retail.

There are, however, certain limitations when a potential employer seeks your credit information. They must request your permission by having you sign an authorization before they can access your credit or perform a background check. You’re also entitled to a copy of the report if they choose not to hire you as a result.

Diverse account types will help you

When you start out building your credit, it’s beneficial to have a variety of accounts in good standing. This could include credit cards, federal and private student loans, and other regular bill payments like utilities. This shows lenders that you can responsibly manage different types of financial accounts. The length of time the accounts have been open also affects your score. Older accounts have a more positive impact on your credit.

Secured credit cards can help you initially build credit

If you don’t have credit history, lenders may reject your application for a new line of credit because they can’t ascertain whether or not you’re a risk. Secured credit cards are a good option for those who need to build credit, or for those who have poor credit.

A secured credit card requires an initial deposit which is then used as the credit limit on your card. You’ll get this deposit back if the card graduates to a normal credit card.

You shouldn’t max out your credit cards

Many people don’t know that the amount they spend on their credit cards in relation to their available credit plays an important role in their overall credit health. If you have a credit card, avoid spending more than 30% of your available credit. Spending more can lower your credit score.

Pay close attention to your credit health

Your credit is important for your future, so it’s important to monitor it regularly and stay on top of monthly payments. Healthy credit ensures that you won’t have an issue securing new lines of credit down the road and also sets you up for financial success.

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 for a free evaluation of your consumer credit concern.

How Your Credit Affects Vehicle Financing

Before applying for any new line of credit, it’s good practice to check your credit report and credit score. Auto loans are no exception. A credit check will give you a good idea of where you stand and what type of interest rates you can expect. It’s also important that you verify that all of your information is correct and dispute any inaccuracies that may be bringing down your score.

However, credit scores that fall in the non-prime (620-679) and subprime (550-619) ranges may not necessarily indicate that you aren’t eligible for a reasonable interest rate. Lenders often use different tiers according to their own business needs to assess creditworthiness.

Lenders also frequently place more weight on credit history that is specific to auto loans. Timely auto loan payments in your credit history are more important than whether or not you make credit card payments on time. Always shop around to compare rates before signing an auto loan agreement.

Seek Legal Advice

Flitter Milz is a consumer protection law firm that pursues matters against lenders, debt collectors and the credit bureaus.  If a lender wrongfully repossesses a vehicle, a debt collector is abusive or the credit bureaus report information inaccurately, the consumer may have a lawsuit to pursue. For a no cost legal evaluation, Contact Us .

How to Finance a Vehicle with Bad Credit

Purchasing a new vehicle is a major decision, especially when you need to secure a loan in order to do so. Not only are you shopping for a car, you’re also shopping for the best interest rate and loan agreement terms. This process can be even more difficult if you have poor credit.

Check your credit before the purchase

A negative credit history can make it more difficult to find an agreement with reasonable interest rates and can also make it more challenging to get your application approved. It’s important to prepare and research ahead of time before you make a decision to ensure that you choose the best option for your situation. You may run the risk of a vehicle repossession when the loan agreement terms present challenges to your finances.

The vehicle is collateral to the lender

The vehicle is considered collateral in a loan agreement. As the borrower pledges repayment of the loan, collateral is a form of security for the lender. If a borrower fails to make payments under the loan agreement, the lender has the right to repossess the vehicle. A repossession will further harm your credit and negatively impact your history for up to seven and a half years.

Shop for the loan that is right for you.

When you need to secure a loan for the purchase of your new vehicle, take steps to make sure you get the loan that is right for you.  If you  enter a loan agreement with unfavorable terms, you may not be able to make loan payments in full and on time.  When the terms of the loan have been broken, the lender may take steps to repossess your vehicle.

Seek Legal Advice

Flitter Milz is knowledgeable about the laws governing repossession of cars, trucks, motorcycles, boats and RVs.  If your vehicle has been repossessed, Contact Us.  We will review the details of your case at no cost, and evaluate whether your consumer rights were violated.

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.

Credit Scores and Credit Repair…not a Quick Fix

A high credit score makes many aspects of our lives more simple. It may be easier to purchase a home or car, secure a new line of credit, rent an apartment, or possibly be hired for a job or awarded a promotion.

What is a good credit score?

A credit score of 800 and above is considered excellent and indicates that the consumer not only uses credit, but pays bills in full and on time. A  score in the 700s is considered good, however there may be some negative listing on the credit report such as late payments. Scores falling in the 600s are considered fair and may represent denial of a loan, or possibly approval but with lower credit limits or higher interest rates . Lower scores indicate to lenders that the consumer is a high credit risk and either, the consumer may be denied, or credit would be offered with unfavorable terms.

Credit score ranges

Image via Experian.com

Consumers with poor credit may seek ways to repair and improve their credit scores quickly. However, it’s a process that takes time and responsible financial management.  Paying bills in full and on time, maintaining a low credit utilization, and paying off debt are critical steps.  Also, a regular review of your credit report for accuracy is important.  Every twelve months consumers are entitled to a free report from each, Transunion, Experian and Equifax.  If there are errors listed on the credit report, the consumer should promptly dispute the errors.

Send a dispute letter to the bureau by US Mail with an explanation of the error and documents that support your claim.  Be sure to keep a complete copy of your dispute.  The credit bureaus have 30 days to respond to disputes.  The bureau does not correct the error, you may need to re-dispute until your report has been corrected.

Seek Legal Help

Flitter Milz is a nationally recognized consumer protection law firm that represents victims of credit reporting errors by credit data furnishers and the credit bureaus.  Contact us  for a free evaluation of your credit report errors for a potential violation of the Fair Credit Reporting Act.

Servicemembers Civil Relief Act (SCRA)

Protection from Repossession

The Servicemembers Civil Relief Act (SCRA) provides special protections for active service members that have defaulted on car loan payments.  To qualify, servicemembers must have signed the loan agreement, and paid at least the deposit or first installment payment, before entering military service. To repossess a vehicle, the lender must obtain a court order.

Reasons for Repossession

Vehicle repossessions occur for a number of reasons. Most often, a vehicle is repossessed due to missed payments or the lapse of insurance. When a car is repossessed, lenders need to follow the law, whether payments were missed or not. If the lender overlooks the law, the servicemember may bring a lawsuit against the lender.

Requirements AFTER Repossession

After a vehicle has been repossessed, the lender is required to send proper notices to the borrower. Shortly after the repossession, the lender will send a letter called a Notice of Intent to Sell Property, which confirms the repossession occurred and details terms for to retrieve the vehicle. If the borrower is not able to meet the terms, the lender may choose to sell the vehicle at an auction or private sale. Once the sale has taken place, the lender will send a second letter called a Deficiency Notice, which informs the borrower of the sale price of the vehicle and any remaining balance due.  If the borrower is not notified properly, there may be grounds to file a lawsuit against the lender.

Credit Reporting and Car Repossession

If a servicemember’s vehicle has been repossessed, he or she may face loss or denial of a security clearance, or other types of punishment based on mismanagement of their finances.  In addition, credit reports may list delinquencies or the repossession and lower credit scores, which make it difficult to obtain a new loan.

All consumers are entitled to receive one free credit report every twelve months directly from Transunion, Experian and Equifax.  Check your credit reports , and make sure the information is accurate.

Seek Legal Assistance

Servicemembers that have fallen behind on payments for auto loans and are facing repossession should seek the advice from a qualified consumer protection attorney to advise on their consumer rights.

Flitter Milz is a nationally recognized consumer protection law firm who knows the laws to protect borrowers from wrongful repossession and inaccurate credit reporting. Contact us for a no cost consultation.

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

What You Should Know About Employment Background Checks

Be sure to request your credit report and verify that your credit history is up to date and accurate before seeking a new job. Prospective employers often run credit checks on potential employees prior to making hiring decisions, and negative listings could hurt your chances for employment or a promotion. The Fair Credit Reporting Act (FCRA) is the law that requires employers to obtain a prospective hire’s consent prior to pulling a credit file.

Employers Must Obtain Permission

Employers must obtain your written permission before they can access your credit file. During the application process, the employer should provide you with background check disclosure and authorization forms that require your signature.

Easy to Understand Forms

The Federal Trade Commission (FTC) states that these authorization forms should be free of “complicated legal jargon” or “extra acknowledgement or waivers.” You should never feel confused or misled when it comes to authorization forms that an employer or prospective employer provides in order to get your consent to view your credit.

Your Right to View the Report

You also have the right to see the report that the employer used as a means to determine your employment. You should inform the prospective employer that you want to have a copy whether you are hired or not.

Seek Legal Advice

Flitter Milz is a nationally recognized consumer protection law firm that represents victims of inaccurate credit reporting. Contact us for a free evaluation of your reports.