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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.

Servicemembers Civil Relief Act

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).

U.S. Servicemembers: Strengthen your credit

Military life is one of frequent transitions. Each deployment, promotion, and change in duty status brings the need to make money-related decisions. These financial decisions can have long-term effects on family life, mission readiness, and security clearances.

Service members often run into trouble because of the irregularities in their daily life. They may tend to overspend and receive contact from debt collectors. They may fall for financial scams and become a victim of identity theft. Or, due to errors on credit reports, they may be denied loans or have a vehicle repossessed. Learning more about consumer credit and how to build a strong credit history can help servicemembers and veterans improve their financial health.

Take Advantage of Free Credit Reports

Under the Fair Credit Reporting Act, you’re allowed one free credit report from each bureau – Transunion, Experian, and Equifax – within a twelve month period. Send a letter to one of the bureaus and request your reports. Review them carefully to ensure that there are no errors and that you recognize all of the listed accounts. 

Credit Accuracy

Credit reports include personal information, credit history, credit inquiries, and public records.  Credit cards, mortgages, and loans are all listed along with the payment status. If you fall behind on payments or default on a loan, your credit report will list this negatively. Negative entries may make it more difficult for you to open a new line of credit, be approved for a new loan, or receive a promotion or security clearance. It may also mean that you will be approved for a loan, but with a higher interest rate.

Credit Privacy

Regular credit report checks help you monitor your accounts and determine whether someone has accessed your credit report without your permission or opened accounts in your name. If you notice suspicious activity, information that does not belong to you, or believe you have become a victim of identity theft, follow these steps:
  -Contact the Bank or Creditor
  -File a Police Report
  -File a Fraud Alert
  -Request your current credit reports
  -File an Identity Theft Affidavit with the Federal Trade Commission
  -Keep an organized file with all correspondence and records
  -Protect your personal information.  Keep it private.

Know How Much You Spend

A budget helps you see where you can cut back on spending and create a workable plan to pay off debt.Take the time to set a budget. Divide your regular expenses into categories for housing, food, transportation, health care, personal & family and finances. Determine how much you can afford to spend on each category every month. Use a spreadsheet or online tool to keep track of all of your accounts and expenses. 

Be Aware of Scams

Follow your gut. If it sounds too good to be true, it usually is. Unfortunately, service members are frequent targets for various scams. Companies or organizations could call and claim to belong to a veterans group or another legitimate sounding organization. Be sure to research the organization, find out where they’re located, see if there is a complaint board online, and investigate whether the company is reputable. 

Be cautious. If you receive a call from someone, do not provide any personal identifying information, such as your social security number or date of birth, or access to bank accounts or credit and debit cards.  Require them to provide you with something in writing that states who they are and where they are located.

Financial Guidance for Service Members

Remember, you’re not alone. There are many services offered through the Department of Defense and veterans organizations to help service members keep finances on track. Do your research and make a financial plan that is right for you.

Seek Legal Help

Flitter Milz is a nationally recognized consumer protection law firm that assists victims of identity theft that have suffered from credit report harm, abusive debt collectors and wrongful vehicle repossessions by aggressive lenders and repo agents.  Contact Us to discuss whether your consumer rights have been violated. There is no cost for the consultation.  Pictured above:  Attorneys Cary Flitter (center), Andy Milz (left),
Jody López-Jacobs (right).

 

 

Debt Collection Against Military Personnel

When an account goes into collection, it’s stressful and overwhelming for anyone. But debt collection can be especially troublesome for military service members. Financial trouble could result in negative consequences like loss or denial of security clearance.

Frequent moves and relocations can make it difficult for service members to keep up with bills and collection notices. Set up automatic payments when you can and always make sure to update your address to avoid missing bill payments.

If an account does go into collection, debt collectors often use shady tactics to try and collect payments. However, the Fair Debt Collection Practices Act prohibits collectors from threatening to reduce a service member’s rank or security clearance. They are also not allowed to threaten to contact chain of command. Learn more about what debt collectors can’t do under the FDCPA.

Military personnel are also protected by the Servicemembers Civil Relief Act. This legislation provides some protections against car repossession for those in the military.

Make sure to educate yourself on how to manage your finances and learn about the laws that exist to protect you. Learn how to get a free copy of your credit report, and how to dispute errors in your credit history.

Seek Free Legal Help

Flitter Milz is a nationally recognized consumer protection law firm that represents victims of abusive debt collection tactics, credit reporting privacy and accuracy issues and wrongful vehicle repossessions.  Contact Us for a free legal consultation to determine whether your consumer rights have been violated.

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

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).