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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.

Monitor Reports

Consumer Laws Protects the Military

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

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

Scams to our Servicemembers

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

The Law is on your side

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

 

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

Consumer Protection Laws for Servicemembers

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

Seek Legal Help at No Cost

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

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

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

Avoid Solar Panel Scams

The addition of solar panels to your home may sound like a great idea. From lower energy bills to a reduced carbon footprint, it’s the “green” thing to do.  However, you must assess whether it is the right decision for your home and your budget.

Consumers considering solar energy must take time to research the pros and cons of solar power, and then investigate the companies that sell, install and finance the panels. Do not feel pressured in to signing a contract for solar panels. Informed decisions make the best decisions.

Is the Solar Salesperson being truthful?

Many times, the sales process begins with an unsolicited call at your door.  You’re greeted by a salesperson that is personable and knowledgeable about the benefits of solar power.  They’re professional and trained to earn your trust. Most homeowners are persuaded with promises of free panels, reduced costs for energy, and low maintenance.

How did I end up in a contract for solar panels?

Maybe you aren’t completely sold on solar panels, and simply want more information about switching to solar power.  Beware. At this point of the presentation, the salesperson may casually suggest that you submit an application, just to see whether or not you qualify for solar panels. You’ll be offered an iPad or tablet to sign, and be told not to worry because you’ll receive copies of all documents by email.

Dangers of E-Signing 

Placing your signature or initials on an iPad, tablet, or phone may seem easy. However, your electronic signature or initials may be copied and affixed to a contract or other forms that you did not intend.

A signature on a contractual document or other written agreement, demonstrates that a party has read, understood and consents to the terms and conditions of the contract.

Before signing anything, insist on a paper copy of every document in advance.  Take time to read each document.  If the terms do not make sense, consult an attorney.

Written Permission to Access Credit Reports


Solar companies rely on financing to make solar panels available to consumers. Credit reports are accessed to evaluate a potential customer’s creditworthiness. The consumer must provide written permission for the solar company to obtain these reports.

If you do not want your credit accessed, do not provide your E-signature on an electronic device. That signature could be copied to a credit request form. Credit files accessed without permission could be a violation to the consumer’s rights under the Fair Credit Reporting Act (FCRA).  This federal law offers protections to consumers for the privacy and accuracy of their credit information.

Common Misrepresentations to the Consumer

Solar panels will be free.
Many salespeople tell consumers that solar panels are free. In most cases, they are not free; in fact, they can cost you $20,000 to $30,000, or more. And, you can be in a 20+ year contract to pay for the panels.  As well, the consumer will pay for electricity that is produced by the panels, usually through a lease or power purchase agreement.

Tax rebates 
Many times, the solar panel company may not want to sell you the panels. If you, the buyer, purchases the panels, you would receive the tax credit, not the solar company. If the solar company leases you panels and only promises to sell you the solar power, the solar sales company may receive the tax credit, not you, the homeowner.

Your Neighbors Are Doing It!
A popular tactic used by solar salespeople to gain credibility is to mention that your neighbor signed the same contract as the one offered to you.  Don’t feel pressured. Speak with your neighbor first and find out about his experience.

Four Important Steps to protect yourself from Scams: 

  • Research whether adding solar panels is right for you. You may wish to visit websites for the Federal Trade Commission, Consumer Financial Protection Bureau or the Department of Energy
  • Evaluate the reputation of solar providers — Solar panels companies, installers and finance companies.
  • Consult consumers who have entered solar panel contracts. Visit websites for the Better Business Bureau, your State Attorney General, Federal Trade Commission, or online consumer complaint forums.
  • Review the solar panel contract. Understand the terms and financial obligation. Get answers to your questions. Once you sign, you may be on the hook for 20 years or more.

Seek Legal Help from a Qualified Consumer Law Firm

Flitter Milz is a nationally recognized consumer protection law firm that evaluates solar panel sales matters for potential violation of the consumer protection laws involving fraud, such as forged contracts, identity theft and credit reporting privacy violations.  Contact Us for a no cost evaluation.

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

 

Take Control of your Credit

Understand credit scores and credit reports

Credit is part of your financial power.  It plays a crucial role in enabling us to get the things we may need or want, such as homes, vehicles or educations. However, many consumers don’t take an active role in managing and monitoring their credit scores or credit files. There is a common misconception that your “credit score” is your credit report.  It is important to understand the difference.

What is a credit score?

A credit score is a number that predicts how likely you are to pay back a loan on time.  Information that appears on your credit report is used in a scoring model, which is a mathematical formula, to create the score. Depending on the specific data used to calculate a score, the actual credit score number can vary from one scoring model to another.  Most credit scores range from 300 – 850.  Higher scores make it easier to qualify for a loan and may result in better terms, such as interest rates and length of the loan.

Seeking Credit

When consumers seek credit, whether it be for a mortgage, auto loan, credit card, or another type of credit product, the lender will request access to the consumer’s credit and obtain copies of his or her credit reports and credit scores.
This information will assist the lender in determining whether to extend credit, and if so, the interest rate on the loan or credit card, and the credit limit.

Here are some guidelines that may help you to get and keep a good credit score

  • Pay your loans in full and on time.
  • Keep credit balances low in relation to the full credit limit
  • Develop good payment history over time
  • Only apply for the credit you need
  • Review your credit reports regularly

What is a Credit Report?

Transunion, Experian and Equifax are the three main credit reporting bureaus.  These bureaus provide credit reports which list specific information about a consumer’s credit activity and payment history. Lenders use these reports to help determine whether to extend credit or not.  As well, other businesses such as insurance companies and utilities, or prospective employers and landlords, may request access to a consumer’s report for use in making decisions about you.  Shall I give you a job offer?  Rent you an apartment?

Many people use apps, such as CreditKarma or Credit Sesame, to get a sense of where their credit stands.  But these apps do not show your credit report.  Instead, they give you only a superficial snapshot of the status of your accounts.  They may not show the most up-to-date information about your credit file, which may reflect inaccurately reported missed payments from years ago.  The only way you can see the most current information on your credit file is to obtain your credit report from one of the three main bureaus – Transunion, Experian and Equifax.

What type of information is on a Credit Report?

The type of information listed on credit reports can include:

Personal information:
Your name and name changes, current and former addresses, birth date, social security number and phone numbers.
Credit Accounts:
Name of creditor & account type, balance, payment history, credit limit &
date opened/closed.
Collection Accounts:
Credit accounts that have been assigned to a collection agency.
Public Records:
Liens, Foreclosures, Bankruptcies, Civil suits and Judgments
Hard Pull Inquiries:
Lenders that access a consumer’s credit file in the process of extending new credit.
Soft Pull Inquiries:
Businesses access consumer files for the purpose of extending a new
credit opportunity or service.

Check your credit reports for accuracy

Credit reports should be reviewed regularly for accuracy. When incorrect information appears on a credit report, the consumer must send a written dispute to the credit bureau. The dispute letter must clearly state the error that appears on the report and include documents that support the claim for correction.  The bureaus have 30 days to respond in writing to the dispute.  If the error is not corrected, the consumer may need to seek counsel from a qualified consumer protection lawyer.

How to Obtain a Credit Report?

Send a written request to the credit bureau

Consumers may obtain credit reports by writing to Transunion, Experian and Equifax. Your letter should include two forms of identification, such as a current driver’s license and utility bill.  It may take about two weeks to receive your report through the mail. Click here for a template letter.

Request your report online:

During the COVID-19 pandemic, Transunion, Experian and Equifax are offering free weekly online credit reports through annualcreditreport.com, a website authorized under federal law that allows you to request free reports from each credit reporting agency every 12 months.

Seek Legal Help from Qualified Consumer Lawyers

Attorneys at Fitz MilnerDo you have errors on your credit reports?  Problems getting credit?
Flitter Milz is a nationally recognized consumer protection law firm that evaluates matters involving credit reporting accuracy and privacy.

Contact us for a no cost legal evaluation of whether your consumer rights have been violated.  Pictured:  Cary Flitter (center), Andy Milz (left), Jody López-Jacobs (right)

Are you keeping your Credit Information Private?

Credit reports contain a wealth of personally identifying financial information and offer a peek into a consumer’s current, and past, financial status.  The privacy of these reports, and the accuracy of their information, is critical to consumers. Prospective lenders, employers, landlords and utility companies may need to request access to reports to determine whether to extend credit, offer a job or a place to live.

The Fair Credit Reporting Act is the federal law that governs how credit information is used and distributed. Consumers have the right to see their reports, who may have accessed it, and dispute any errors that appear and get them corrected.

Who can access your credit report?

An individual or business may request access to a consumer’s credit file, but they must obtain written permission from the consumer.  Often, during the process of applying for credit, interviewing with a prospective employer or landlord,  or applying for utilities,  there may be a request to access the consumer’s credit file.  Many times the credit application will serve as written permission.  Other times, a specific document will be presented to the consumer for his or her signature.

Periodically, lenders with whom you already have credit accounts are also given permission to access your credit reports as part of their account review process. These inquiries, however, would not negatively impact your credit scores.

In some instances, the government is also permitted to access your credit reports, specifically if responding to a court order or subpoena, or when reviewing your eligibility to certain governmental benefits.

Monitor your Credit Reports for Privacy and Accuracy

Credit report print outConsumers must monitor their reports, not only for accuracy, but to see who has accessed his or her credit file. The three main credit bureaus, Transunion, Experian and Equifax, are required to keep track of instances in which credit reports are accessed, and who is accessing them.

Impermissible Credit Pulls include:

  • A sales company pulling a credit report before a consumer has given an OK.
  • A creditor that pulls a report after debt is discharged in bankruptcy.
  • A creditor pulling a report after the account has been closed.
  • A potential employer pulling a report during the interview process.
  • A potential landlord pulling a credit report without permission.

What is ‘Hard’ v. ‘Soft’ Credit Inquiry

In general, two types of credit inquiries exist:  a hard inquiry and a soft inquiry.

      • A ‘hard’ inquiry, is when a lender with whom you’re applying for credit reviews your credit reports within the scope of their process to decide whether to approve or decline the new credit application. Too many hard inquiries on one’s credit report is not a good sign to lenders, since it signals that you either have too many accounts open, that you are having financial difficulty, or that you are at risk of overspending.
      • A ‘soft’ inquiry, is when a lender or credit card company reviews your credit reports as part of a preapproval process for some type of promotional offer. The important thing to remember is that a ‘soft’ credit pull will not hurt your credit score.

How do I know if someone accessed my report?

Credit reports are divided in to sections, such as:  Personal Information, Public Records, Account Information, Satisfactory Accounts, Closed Accounts, Collections, and Inquiries. The Inquiry section lists all individuals or companies that have accessed the consumer’s report and includes the name of who inquired, the date of the inquiry, the type of business and the businesses’ contact information.  The consumer may write to the address of the inquirer to request an explanation for the inquiry.

How do you get your Credit Reports?

All consumers are entitled to one free credit report every 12 months from TransUnion, Experian and Equifax. Often, the credit bureau will request two forms of identification with your request which confirm who you are and where you live. You may choose to submit a current driver’s license, utility bill or pay stub. Consumers that wish to view their reports more often could enroll in a credit monitoring service, or pay to receive additional individual reports from each bureau.

3 Options to obtain credit reports:

      1. Write to the credit bureau.
      2. Visit the website:  annualcreditreport.com.
      3. Call toll-free –877-322-8228.

 

Have you become a victim of Identity Theft?

Periodic reviews of credit files can help ensure that no fraudulent activity has occurred with your financial information.  By checking your credit reports frequently, you can see whether credit applications or unfamiliar accounts were opened in your name, or that your file was accessed without permission. If you discover that you may be an identity theft victim, place a fraud alert on your credit report to alert the bureaus that you must be contacted when credit applications are filed.

How do you dispute Credit Reporting Errors?

Credit reports must be accurate.  When you discover errors or listings that are unfamiliar, a written dispute letter must be sent to the credit bureau. The letter must clearly identify the error and state the action required to correct the problem.  In addition, the bureaus must receive documents which support the claim for correction.

Get help from a Qualified Consumer Law Firm

Flitter Milz is a nationally recognized consumer protection law firm that represents consumers in matters involving credit reporting accuracy and privacy. Contact us for a no cost evaluation of whether your consumer rights have been violated.

How to Maintain Good Credit During Divorce

Financial Separation is Key

Getting divorced is never easy. Although it is an unfortunate fact of life for more than half of all U.S. couples, parting ways with your spouse doesn’t mean that your credit has to take a hit.

Separating financially is crucial as most married couples share joint assets, such as homes, cars, credit cards and loans. But the division of these accounts can be a messy financial predicament.  It is important for you to protect your credit, and good name, as you work towards an independent life from your spouse.

Credit Impact During Divorce

Joint accounts have joint consequences, and often with the stress of divorce one spouse may have forgotten to make a payment, or assumed the other spouse did. Missed or late payments may result in contact from debt collectors, negative credit reporting and lowered credit scores.  To ensure joint accounts get paid properly and on time take these steps:

1. Calendar payments.
–   Identify accounts: your name v. joint.
–   Create a file for each account.
–   Organize account statements.
–   Calendar payment due dates.
–   Review accounts for payment status.

 

2. Obtain Current Credit Reports.  Transunion, Experian and Equifax are the three main credit reporting agencies. Consumers are entitled to receive one free credit report from each bureau every year.  Sometimes, consumers choose to enroll in a credit monitoring service which enables review of credit reports on a regular basis throughout the year.

How to get credit reports.  We suggest that you send a written request to each credit bureau to obtain a report.  Your letter should include two forms of identification, such as a current driver’s license and utility bill. It takes about two weeks to receive your reports.  While you can also obtain your reports online through www.annualcreditreport.com, this method requires you to agree to terms in a “click” agreement, which could negatively impact your consumer rights.

3. Identify your accounts
Review your reports and identify accounts in your name and those that are joint with a spouse.  Evaluate your reports for errors such as:

            • Inaccurate personal identifying information.
            • Account balance or payment history errors.
            • Duplicate account information.
            • Personal information belonging to someone else.
            • Accounts opened by someone other than yourself.

4. If Inaccurate…Dispute!  After obtaining your credit report, if there are errors, you should send a dispute letter to the credit reporting agency to request that the errors be corrected.  Be sure to enclose documents that support your claim. The credit bureaus have 30 days to respond to your dispute. You may include documents such as, account statements, cancelled checks, court docket information, or collection correspondence that  prove why your claim of an error is valid.

One Dispute Letter Per Error. If you find multiple errors on a credit report, dispute them individually with the bureau. Enclose a copy of the credit report with the error highlighted and your supporting documents. The credit bureaus then have 30 days to respond to your dispute letter.

 

 

The Fair Credit Reporting Act 
The Fair Credit Reporting Act is a federal law governing how consumer credit information can be used and distributed. Consumers have the right to see what’s on their credit reports and dispute errors and inaccurate information. Errors not corrected, may violate the consumer’s rights.

Seek Legal Help

Flitter Milz, P.C. represents people in consumer credit matters related to credit reporting accuracy and privacy, abusive debt collection contact and vehicle repossessions which stem from a pending divorce or separation.  Contact Us for a no-cost consultation.

 

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

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

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

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

It All Starts With Budgeting

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

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

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

3. Where is your hard-earned money spent?

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

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

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

Seek Legal Help

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

Identity Theft During Economic Crises: Look for Credit Report Errors

Credit Score Consumers Law

You may think an identity theft hacker may not notice you. That’s not true. The ways identity thieves pick their targets are more about accessibility. They don’t care about your financial situation. Cybercriminals look for weak spots in personal financial security and privacy they can exploit for profit.  Too often, the way we find we’ve been financially hacked is when credit report errors are revealed. It’s never at a good time, either. Most often it occurs when we’re about to seek credit for a home mortgage, car or personal loan.

Continue reading Identity Theft During Economic Crises: Look for Credit Report Errors →

How can a Credit Report Lawyer help me?

Mistake on Credit Report

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

Continue reading How can a Credit Report Lawyer help me? →

How Will Borrowing Money Affect My Credit?

Getting a Loan

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

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

Continue reading How Will Borrowing Money Affect My Credit? →