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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

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.

How a Move Can Affect Your Credit

Your credit follows you wherever you go, and that includes whether you purchase a new home or move to a new apartment. But how does the process of moving affect your credit?

Credit Inquiries

When you apply for a mortgage or fill out an application for an apartment rental, the bank or landlord will most likely perform a credit check.

There are two types of credit inquiries: hard and soft. Most financial inquiries are considered hard and have the potential to negatively affect your credit, especially if you are declined. As well, lenders may see you as a higher risk if you have several hard inquiries.

If you’re concerned about the effect of a credit inquiry on your credit score, check to see if the prospective lender or landlord would accept a copy of a credit report that you pulled yourself. You’re entitled to one free credit report from each Transunion, Experian and Equifax every twelve months. Requesting the reports yourself will not affect your credit in any way.

Avoid Breaking a Lease

The terms detailed in the lease agreement will state your options if you need to terminate a lease early.  You may have to pay extra fees or surrender your security deposit for an early termination. Make sure you pay any agreed amount on time. If you don’t, the landlord may have the right to take you to court or send the account to a debt collector. This type of activity will appear on your credit report and will damage your credit score.

Missed or Late Payments

With the stress of moving, often it is more difficult to keep track of your finances and make timely payments. Missed or late payments can be very harmful to your credit. Depending on how late the payment is, it could appear as a negative mark on your credit report and also lower your credit score significantly.

Mail Forwarding

Prior to your move, ensure that you will receive mail from your old address by taking the following steps:
-Notify the United States Postal Service to forward all mail to your new address
-Notify your creditors in writing of your address change
-Inform your landlord of your new address and contact information.

Seek Legal Help

Flitter Milz is a nationally recognized consumer protection law firm that represents victims of abusive collection tactics, credit reporting privacy and accuracy violations and vehicle repossessions.  Contact Us for a free consultation.

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.

Financial Tips for New College Graduates

Graduating from college is a huge achievement. It means you’re done with studying, exams, and essays. But it also means you have to be more responsible with your finances and make sure to maintain healthy credit.

Your credit will affect many aspects of your future, like your ability to rent an apartment, secure a new loan, and even get hired for a new job. If you haven’t already, check your credit report. See what information is currently listed and make sure it’s all accurate. Dispute credit report errors with the reporting bureau to ensure that your credit history is reflected correctly.

If your credit history is relatively short, consider how you can continue to build your credit. If you have student loans, making your payments on time and in full each month will reflect positively on your credit. Obtaining a credit card and paying it off in full each month will also contribute to a higher credit score.

Seek Free Legal Help

Flitter Milz is a nationally recognized consumer protection law firm that represents victims of credit reporting privacy and accuracy issues, abusive debt collectors and lenders that have wrongfully repossessed vehicles.  Contact Us for a free legal evaluation of your consumer credit problem.

What is the Consumer Financial Protection Bureau?

The Consumer Financial Protection Bureau (CFPB) is an agency of the United States government that is responsible for consumer protection in the financial sector. Their jurisdiction includes banks, credit unions, securities firms, payday lenders, mortgage-servicing operations, foreclosure relief services, debt collectors, and other financial companies operating in the United States.

The CFPB’s creation was authorized by the Dodd-Frank Wall Street Reform and Consumer Protection Act, whose passage in 2010 was a legislative response to the financial crisis of 2007-08 and the subsequent Great Recession.

The CFPB aims to make consumer financial markets work for consumers, responsible providers, and the economy as a whole. They protect consumers from unfair, deceptive, or abusive practices and take action against companies that break the law. By providing information, steps and tools, their goal is to help people make smart financial decisions.

Contact the CFPB concerning an issue with a financial product or service:

  • By Mail: CFPB, P.O. Box 4503, Iowa City, IA 52244
  • Online: www.consumerfinance.gov/complaint
  • Phone: 855-411-2372
  • Fax: 855-237-2392
  • Facebook: @CFPB
  • Twitter: @CFPB
  • U.S. Senate:  senate.gov
  • U.S. House of Representatives:  house.gov

 

Spend Your Gift Card before Delaware Takes It

The state of Delaware could confiscate your gift cards’ unused balances if you wait too long to use them

Delaware state laws allow for expired or dormant gift card balances to be turned over to the state. Gift cards that haven’t been used for five years or those that have expired are considered “abandoned property.”

Consumer lawyer Cary Flitter, with the Philadelphia law firm Flitter Milz, said, “Customers can protect themselves from having their cards confiscated by learning the expiration dates. Consumers should read the disclosure on the card or jacket it comes with. The burden should be on the seller, but there is a little bit of buyer beware that helps the consumer from losing the gift card’s funds.”

Under Delaware’s escheatment or unclaimed property laws, the holder of that abandoned property – the retailers who issued the cards – is required to report to Delaware when the funds have become abandoned and turn them over to the state.

Typically, most states have laws to collect abandoned property or funds when someone passes away without any heirs.  But only about half the states include gift cards.

 

Consumer Financial Protection Bureau: Successful Cases Helping Consumers

Since the formation of the CFPB in 2010, the Bureau has taken on the biggest banks, including those that open thousands of phony accounts, payday lenders that charge 200% or more in interest, abusive debt collectors, the credit bureaus, student loan servicers, and other irresponsible lenders.

The CFPB’s success has been undeniable in getting these entities to clean up their practices and refrain from abusing and overcharging consumers. The CFPB has recovered nearly $12 billion from these financial institutions to redress these abuses, making the CFPB one of the most efficient government agencies.

CFPB Success stories – helping all Americans.

  • 9/11 Victims:  Predatory lending to first responders.
  • Wells Fargo customers: Phony consumer accounts opened unknowingly by Wells Fargo employees.
  • Prepaid debit card users: RushCard denied customers access to their money through system failure.
  • Auto Lending Discrimination: CFPB and Department of Justice resolve action with American Honda Finance Corp. for discriminatory practices placing auto loans which resulted in African-American, Hispanic, and Asian and Pacific Islander borrowers paying higher interest rates than white borrowers for their auto loans.
  • Mortgage Lending & Servicing Deception: Ocwen took advantage of borrowers at every stage of the mortgage servicing process.

Seek Legal Help from a Consumer Protection Law Firm

Flitter Milz is a consumer protection law firm  representing victims of wrongful car repossessions, debt collection abuse, credit reporting privacy & accuracy violations, and unwanted robocalls.   Contact Us to discuss whether your consumer rights have been violated.  There is No Cost for the consultation.

Was Your Car Repossessed? Follow These Steps.

Whether you are behind on payments or not, the lender must follow a number of rules before and after a car is repossessed. These rules detail how and when they can initiate car repossession, what kind of notices must be given, and how any auction or private sale must be handled.

If any rules were overlooked during or after the repossession of your vehicle, you may be able to take legal action against the lender or car repossessor, even if you were behind on payments. If your car or motorcycle was recently repossessed, do the following.

1) Confirm the Repossession

Call the lender or local police department to confirm that the vehicle was repossessed and not stolen. Ask for details, such as which repossession company called the police and when.

2) Gather Repo Documents

Gather all purchase, loan, and repossession documents. These include your car purchase agreement, retail installment sales contract, notice of intent to sell property, deficiency notice, loan payment history, and any collection letters claiming a deficient balance is owed.

You should receive a Notice of Intent to Sell Property from the lender after your vehicle is repossessed. This notice explains how you can retrieve the vehicle, how much you must pay, the location of the vehicle, and the time and location of a private sale or auction. You should receive this notice before the vehicle is sold at private sale or auction with enough time for you to get the car back.

The lender must also provide a notice that confirms the sale price after a vehicle is sold, called a Deficiency Notice. If the sale price does not pay off the balance that is owed on the loan, you will owe the remaining balance, even if the vehicle was voluntarily given back.

3) Don’t Sign a Waiver

Do not sign any waiver or release agreement to get your vehicle back. Signing a waiver could negate any legal claim for wrongful actions by the lender. The law does not require you to sign documents to retrieve your vehicle, even if the repo agent or storage yard asks for one.

4) Get Legal Help

If you believe your vehicle was wrongfully repossessed, gather all of your documents and contact Flitter Milz for a free evaluation of your case.  Our firm will review your loan and repossession documents at no cost, and determine whether your consumer rights have been violated.

 

8 Steps to Better Credit

Your credit report isn’t just for loans anymore! Job offers, promotions, security clearances, and insurance quotes are now routinely affected by your credit report or other types of consumer reports.

Follow these steps to rebuild and improve your credit.

Request Current Credit Reports

You’re entitled to a free credit report from each of the three credit bureaus, Experian, Equifax, and TransUnion, every twelve months under the Fair Credit Reporting Act (FCRA), and more often if you are the victim of identity theft or on public assistance. Request your credit report regularly and check that all information is accurate.

Address Any Credit Inaccuracies

Credit report errors are fairly common. If there is inaccurate information on your credit report, it’s important that you address it. Write and dispute directly with the bureaus. Include a current copy of the report with your dispute. It will be helpful to highlight the disputed item. Your dispute letter should briefly state why this item is listed incorrectly. Attach any supporting documentation that illustrates your claim. Send your letter to the credit bureau by Certified Mail, Return Receipt.  The bureaus have 30 days to respond to your dispute. If the bureaus don’t correct the error, you may need to send a second dispute.  Be sure to keep copies of all dispute correspondence.

Pay Bills in Full and on Time

Falling behind on payments will have a negative impact on your credit history. Always pay your bills in full and by the date listed on the statement or invoice.

Review Current Accounts

Pay down balances on existing credit cards or loans and pay off delinquent accounts. Be strategic about closing cards; consider keeping cards that you’ve had for a long time that show a consistent payment history and consider closing those with high interest. You should only maintain credit accounts that you can afford.

Maintain Stable Employment

A lapse in employment history can harm your credit. A high debt to income ratio will also negatively impact your credit history.

Do Not Max-out Credit Cards

Part of your credit score is based on your credit utilization, or the percentage of your available credit you use. Never use the maximum amount of available credit. Doing so will hurt your credit score. It’s best to not exceed fifty percent of your available credit.

Do Not Co-sign Loans

When you agree to cosign on a loan, you are liable for payment of the loan, despite any side agreement you may have with the other borrower. If the borrower defaults, you will be responsible for making payments. Co-signing brings a significant risk that you likely don’t want to take on as you rebuild your credit.

Building Credit Takes Time and Discipline

Remember that you must be responsible with credit. Always pay on time and maintain the terms of the credit agreement.

Seek Legal Help

Flitter Milz is a consumer protection law firm that represents victims with credit reporting problems, harassment from debt collectors, and wrongful vehicle repossessions.  Whether you fell behind on payments or not, the credit bureau, debt collector and lender must follow the law.  Contact us for a free legal review to determine whether your consumer rights have been violated.