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.

Seeking Credit

6 Credit Definitions You Must Know

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

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

Learn these 6 Important Credit Definitions.

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

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

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

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

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

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

Check your credit reports regularly.

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

Set Goals to Improve your Credit.

Determining benchmarks to improve your credit standing over time.

Seek Legal Help

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

 

Beware of Buy Here Pay Here Car Dealerships

Your credit affects many aspects of your life, perhaps even more than you realize. Consumers with significant negative marks on their credit report and a low credit score will likely have more difficulty securing a new line of credit, renting an apartment, and avoiding high interest rates on loans and credit cards.

Poor credit also makes it difficult, and sometimes impossible, to secure an auto loan. If you find yourself in this position and are trying to purchase a new vehicle, you may be tempted by dealerships that advertise, “No credit, no problem!” These dealerships finance loans “in-house” and often carry extremely high interest rates when compared to loans from banks, credit unions, and other lenders.

Shop Around for an Auto Loan

Auto car sales manpointing out odometer and selling couple used carBefore agreeing to a loan with one of these dealerships, be sure to shop around and see if there is a bank, credit union or other lender who is willing to loan to you.  An auto loan with high interest rates, like those that typically come from buy here – pay here dealerships, may not be worth it; the cost of the loan could outweigh the benefit of purchasing the vehicle.  Learn more about steps to take to secure an auto loan.

Obtain Current Credit Reports

Before visiting the car dealership, it’s important to check your credit reports.  If you discover errors on your report, address them before seeking new credit.  You do not want to risk denial for a loan, and possibly a drop in credit score, because of these errors.

Send your written dispute to the credit bureau and the creditor. Request the listing on your report be corrected.  Once your report is accurate, shop for the loan that offers you the best terms.

Seek Legal Advice

Flitter Milz is a consumer protection law firm that represents people that defaulted on auto loan payments and had a vehicle repossessed.  Contact Us for a FREE legal evaluation of whether the lender or repo agent violated the consumer protection laws.

How to Secure an Auto Loan

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

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

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

Check Your Credit

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

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

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

Assess Your Finances

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

Choose a Lender

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

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

Review Documents Carefully Before Signing

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

Seek Legal Advice

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

How Increased Interest Rates Will Affect You

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

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

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

Negotiate a Payment Plan

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

Settled Debt and Tax Implications

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

Seek Legal Help

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

Avoid These Credit Card Problems

Credit cards are useful for a number of reasons. They’re convenient when you don’t have cash on hand, and some cards carry perks like cash back or travel savings. However, you should avoid using credit for emergencies, and you should always be sure to make payments in full and on time. Carrying a balance from month to month can result in unruly interest charges that are more difficult to pay off, especially when trying to stick to a budget.

Credit Score Drop

Failing to make a payment on time just once could cause your credit score to fall as much as 110 points. Once lost, these points can be difficult to build back up and can make other aspects of your life more challenging. Your overall credit can affect your ability to secure new lines of credit, affect your interest rates, and even hurt your chances of renting an apartment or securing a new job.

Check your Credit Reports

Always be sure to stay on top of payments and check your credit report regularly. It’s not uncommon for credit reports to contain errors or inaccurate information, which could further harm your overall credit. You can request one FREE credit report every year from the three credit bureaus – TransUnion, Experian, and Equifax. Check for duplicate negative listings, someone else’s information, and any unfamiliar activity. Dispute any credit report errors immediately.

Seek Free Legal Help 


Flitter Milz is a consumer protection law firm that represents people in matters concerning credit reporting issues, contact from abusive debt collectors, or have had a vehicle repossession.  Contact us for a free evaluation of your consumer law concern —  whether you had fallen behind on payments or not.

Everyday Impact of Credit Scores

Many Americans have never checked their credit report or are aware of all the ways in which credit affects their lives. Poor credit can affect things like utility deposits, car insurance, and cell phone service options. Your credit can also affect your ability to get a job or rent an apartment.

NerdWallet Infographic

Check Your Credit

Every consumer is entitled to a free credit report from all three credit bureaus – TransUnion, Experian, and Equifax – every twelve months. Always check your credit report regularly and make sure all information is accurate and up to date. If you find any inaccuracies, dispute directly with the reporting bureau.

Improve Poor Credit

The best way to improve your credit is to make all of your payments in full and on time. Rather than carrying a small balance, it’s best to just pay it off completely. Keeping your credit utilization low will also help your score improve over time.

Seek Legal Help

Flitter Milz is a nationally recognized consumer protection law firm that represents victims of credit reporting errors.  Contact Us for a free evaluation of your credit reports and determination of whether your consumer rights have been violated.

Why You Shouldn’t Co-sign a Loan

When friends or relatives can’t secure a loan on their own, they may ask you to help by co-signing. A co-signer is often required for someone to secure a loan if they have poor credit history, or a lack of credit history.

Deciding whether or not to co-sign on someone else’s loan is a personal decision. However, there are some red flags to be aware of, and it’s important to understand that co-signing carries significant risk without much reward. Here are five signs to look for if someone asks you to co-sign a loan.

1) The person in need of a co-signer has a history of late payments

Individuals often need a co-signer when their own credit has too many negative marks to secure the credit on their own. Generally, this means that they have had difficulty making payments on time in the past and their credit has taken a hit as a result.

If you know that the person making the request has recently struggled with timely bill payments, it may not be a good idea to co-sign. If payments are missed, you’ll be liable to repay missed payments immediately and risk having to pay the full loan balance if the co-borrower defaults.

2) You anticipate needing a loan of your own in the upcoming months

Co-signing also affects your debt-to-income ratio. Even though you’re not the primary borrower, the loan will appear on your credit report. You’re liable for the payment of this loan, so it could affect your ability to secure a loan of your own. Before you co-sign, consider your current financial situation and whether or not you’ll need your credit for your own purposes.

3) You don’t have backup savings in case anything goes wrong

If the primary borrower misses any payments, you’re liable for those payments as the co-signer. Co-signers need to monitor the status of the loan and make sure all payments are made on time. They should also have backup funds in case the primary borrower lapses in payments.

4) You’re worried about your own credit

If you have concerns about how co-signing will affect your own credit, it’s probably not a good idea. If the primary borrower defaults, this could harm your credit, and it can be difficult to rebuild.

5) Your instincts are telling you not to do it

Plain and simple: if you have a bad feeling about it, don’t co-sign. It’s likely not worth the worry and risk, especially if the primary borrower has a troubled credit history.

Seek Legal Advice

Flitter Milz is a consumer protection law firm that pursues matters against lenders, debt collectors and the credit bureaus.  If you have co-signed a loan and the primary borrower has defaulted, it’s possible that a repossession has occurred, collectors are contacting you, or your credit has been affected.  Contact Us for a no cost consultation to discuss whether your consumer rights have been violated.

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.

Value your Credit Report. Keep it accurate.

Credit reports from Transunion, Experian, and Equifax are used to determine everything from your ability to get new credit to the rates that you pay for credit. If the wrong information is listed on your credit report, it can prevent you from getting approved for new credit and possibly have a negative impact on your current accounts through higher interest rates or reduced credit limits.

Where do the Credit Bureaus receive their information?

The credit bureaus receive your information through furnishers. Furnishers are businesses like banks, mortgage lenders, credit card companies, and medical or utility providers that provide data related to account ownership and performance. The furnisher has an obligation to provide the credit bureaus with accurate information.

However, when inaccurate information is provided to the credit bureaus, these errors could lead to a credit denial, a change in current credit terms, or a lower credit score.

How do I check my credit report?

Accurate credit reports are key to your financial health. Check your credit reports frequently. You can request a free credit report from each bureau every twelve months, but there are many ways to monitor your credit files on a regular basis. To check your report, send a credit report request letter to Transunion, Experian, and Equifax.

Seek Legal Help from a Consumer Lawyer

The Fair Credit Reporting Act (FCRA) is a federal law that promotes the accuracy, fairness, and privacy of information that appears in files of consumer reporting agencies.  Transunion, Experian and Equifax are the three main reporting agencies.

Violations to a consumer’s rights occur when errors remain on a credit report, or when someone accesses a credit report without the consumer’s permission.  Flitter Milz is a nationally recognized consumer protection law firm that pursues matters against the credit bureaus and/or furnishers for violations of the FCRA.

Contact us for a free evaluation of whether your consumer rights have been violated.

What You Need to Know About Credit Reporting

Access Your File Whenever you Want

You can request all of the information that the reporting agency has. You can get a free file disclosure if:

  • there’s a negative result after someone accesses your file,
  • you’re a victim of identity theft,
  • your file has inaccurate information due to fraud,
  • you’re on public assistance,
  • or you’re unemployed but expect to find employment within 60 days.

Others must have permission

Reporting agencies can only report your information to people who have a valid need for it, like those who are reviewing credit applications, insurance, employment, rental properties, or other business.

If someone accesses your credit report and it results in a negative outcome, like denial for credit, insurance, employment, or a rental property, they’re required to tell you. They should also give you the name, address, and phone number of the agency that gave the information.

Employers must get Consent

If an employer or potential employer needs to access your report, they need your written permission.

You Can Ask for Your Credit Score

Your credit score is a number that indicates your creditworthiness. Lenders will see you as less risky if you have a higher score. Check your credit score and report regularly to make sure all information is accurate and up to date.

You Can Seek Damages from Violators

If you think your credit report was provided without your permission, you may be able to sue the credit bureau for providing your report.  The Fair Credit Reporting Act provides protection for consumers that have had their credit privacy violated.

You Can Dispute Credit Report Errors

You have the right to an accurate credit report. If any information is inaccurate, write a credit report dispute letter to the reporting agency. The bureau has 30 days to respond to your dispute.

The reporting agencies are obligated to correct or delete information that’s inaccurate, incomplete, or unverifiable. They also can’t report outdated negative information. In most cases, negative information should be removed after seven years.

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 evaluation of your credit reports for potential violation of the Fair Credit Reporting Act.