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Illinois personal injury attorneys who specialize in consumer law can help you ensure your rights are protected according to the FDCPA (Fair Debt Collection Practices Act). Debt Collection abuse is all-too common, and definitely on the rise in these difficult financial times. Chicago personal injury lawyers say it’s important you know how to recognize common violations of the FDCPA on the part of debt collectors.

Here are some of the major provisions of the FDCPA, according to our own Chicago personal injury and consumer law attorney:

Addition of Unauthorized Amounts of Debt: Debt collectors and collection attorneys sometimes add amounts to the debt that have not been authorized (such as fees or service charges to dishonored checks). Any addition of fees or service charges, without compliance with state law concerning notification of dishonored check and limits on the charge, is illegal. Also, the addition of collection costs and/or attorney’s fees when not provided for by the contract or law is illegal.

Mass-Mailing of Attorney Letters: Collection letters sent on the letterhead of an attorney or over the facsimile signature of an attorney often violate the Act. The attorney must review the creditor’s file, reach a professional determination of the merits of the case, and participate in the decision to mail the collection letter. In a mass-mailing situation the attorney’s participation does not reach this level.

Threats of Action That Cannot Be Legally Taken or Not Intended to Be Taken: Collection letters that threaten a lawsuit, wage garnishment, seizure of property, etc. often are threats of unintended action. The law provides that neither the collector nor the attorney may overstate the remedies available to the creditor. Where the amount of the debt is small or the consumer has little or no assets, the threat of a collection action is usually false. In almost all circumstances threats of arrest for nonpayment of the debt are also false.

Suit Filed in an Improper Venue: When an attorney attempting to collect a debt files suit in a venue other than where the consumer resides or where the contract was signed, the Act may be violated. The Act limits suits regarding real estate to the jurisdiction where the land is located. For personal debts, a collection action may be filed only where the consumer resides or where the contract was signed.

Communications with Third Parties: The collector may not communicate regarding the debt with anyone other than the consumer, his or her attorney, a consumer reporting agency, the creditor, and the creditor’s and consumer’s attorneys. Contact with the consumer’s employer or co-workers may violate the Act.

Contradiction or Overshadowing of the Thirty-Day Validation Notice: The collector is required to inform the consumer in the first communication or within five (5) days thereof that the consumer has thirty (30) days within which to dispute the debt, request in writing verification of the alleged debt, and/or request in writing the name and address of the original creditor. To contradict or overshadow this thirty (30) day period within which the consumer may exercise his rights violates the Act. The contradiction need not be threatening to violate the Act.

Failure to Provide the Consumer Notice: The failure to give the validation notice, discussed in the foregoing paragraph, and the debt collection warning, i.e. — this is an attempt to collect a debt and any information obtained will be used for that purpose, violates the Act. In all subsequent communications the collector must state that the communication is from a debt collector.

If you believe your consumer rights have been violated by debt collection abuse, contact an Illinois consumer law attorney today. You do have a voice.

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In this series on Illinois consumer law, our Illinois personal injury attorney will address your rights according to the FDCPA (Fair Debt Collection Practices Act). As we learned in the last post, the FDCPA is intended to protect consumers while enabling debt collectors to operate in a fair and lawful manner. Consumer debt collection abuse or harassment is often in direct violation of the provisions of the FDCPA.

The FDCPA applies to any debt obtained primarily for personal, family, or household purposes. Most consumer debts (credit cards, student loans, medical debts, etc) are covered by the FDCPA. Business debts are excluded.

The FDCPA only applies to a person or company that regularly collects debts of another. Most debt collectors are covered by the FDCPA. Creditors who are trying to collect their own debts (such as an in-house collections department at a medical center) do not have to comply with the FDCPA. Third party debt collectors who don’t regularly collect debts owed to others do not have to comply. If your creditor is excluded from provisions of the FDCPA, you may still find harassment protection from various state laws. You should consult a Chicago personal injury attorney who specializes in consumer law if you live in Illinois. Personal injury lawyers can help you understand the laws of our state, and help you interpret the provisions of the FDCPA.

In simple terms, a debt collector may be found to have violated the FDCPA if they make harassing, threatening, or misleading statements so as to coerce you or trick you into making payments on a debt.

If you believe your rights under the FDCPA have been violated by consumer debt collection abuse, contact a Chicago consumer law attorney today.

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All consumers in the United States are protected under the Fair Debt Collection Practices Act (FDCPA). The FDCPA is a federal law established to protect consumers from unfair or abusive debt collection practices. Among other coverages, the FDCPA gives you the right to dispute debt, controls how debt collectors may contact you, and what verbiage a debt collector may use toward you. When Illinois consumers are victimized by debt collection abuse, they may seek representation by a Chicago personal injury attorney who specializes in consumer law.

The FDCPA was passed in 1976, but consumer complaints about debt collection abuse continue to increase every year. In 2006, consumer complaints to the FTC (Federal Trade Commission) regarding third-party debt collection increased both in absolute terms as well as a percentage of all consumer complaints filed with the FTC during the course of the year.

In Illinois, consumer law attorneys help to educate consumers on their rights under the FDCPA. It is important you understand how to recognize debt collection abuse, especially in these difficult economic times. While your financial circumstances may be influenced by external factors beyond your control as well as by the choices you make, you still have rights according to the law. In this series on consumer law, our Chicago personal injury attorney will help to explain these rights so you can be sure you are treated fairly.

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Many Chicago personal injury attorneys focus their practice on Consumer Law. They believe strongly in protecting the rights of consumers, particularly against large corporations. Consumer protection or consumer law is defined as an area of public law that regulates private law relationships between individual consumers and businesses selling goods and services. In the state of Illinois, personal injury lawyers who specialize in consumer law often handle the following types of cases: product liability, rights to privacy, unfair business practices, consumer fraud, and misrepresentation. Other common cases involve credit repair, debt repair, product safety, service contracts, and debt collection abuse.

Qualified Illinois personal injury lawyers believe both borrowers and business people must be protected from fraud, unfair methods of competition, and unfair or deceptive acts or practice. They advocate strongly for the rights of consumers in our state. A dedicated consumer law attorney should conduct thorough preliminary investigations, and defend or prosecute actions based on the Consumer Fraud and Deceptive Practices Act, breach of warranty or contract, and the transaction statutes of the state of Illinois.

Personal Injury Lawyers can help protect your rights as a consumer. If you have questions regarding a defective product, or suspect any type of illegal or fraudulent consumer action, contact a Chicago personal injury attorney who specializes in Consumer Law.

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Though many class action cases are handled with great respect and diligence on behalf of the class, some courts have occasionally found representation of a class to be inadequate and proposed settlements unfair.

Chicago personal injury attorneys say these cases are an unjust representation of the class action procedure, and certainly do not represent all suits. But it is important to understand the signs of an unfair settlement or improper attorney representation so you can be sure your consumer rights are being upheld and you are receiving fair compensation for wrongdoing against you.

Here are a few scenarios which may justify a closer look at a proposed settlement, or an evaluation of the performance of attorneys representing a class:

1. The proposed settlement does not provide a substantial return for the class in terms of collective benefit to absent class members. This could be argued in the case of “coupon settlements” in which consumers are given a nontransferable coupon good for a limited time on the purchase of a new product by the same manufacturer. In many cases, a consumer may be hesitant to purchase from the same manufacturer. On the other side, a coupon settlement could be quite valuable to class members, if the coupon could be used on a high-demand product, or if it offers substantial savings, so long as a reasonable time period for use is allowed and it is transferable.

2. A class action was filed for money damages, but the settlement provides no monetary award.  In addition, an attorney’s fee may be several million dollars, based on non-tangible benefits to the class. This situation may present itself in the case of a high-rollover potential in SUVs. The vehicle owners in the class may be offered a free inspection to determine whether their vehicle was modified since the date of manufacture. They may be given a “warning” sticker, and a number for a free tow in case their vehicle rolls over. But in the end, they are left with their dangerous vehicle, and have been offered no fair compensation for the defect.

3.  A seemingly non-existence of “discovery” by the class’ attorneys. Discovery is research into the other party’s case and may include looking at documents, conducting depositions, etc.  An attorney must be familiar with the underlying facts of the case, especially if he needs to tell if a settlement is fair, reasonable or adequate. If the attorneys have not prepared properly by doing their homework, they may not be sufficiently familiar with the facts of the case, to the detriment of their class. In most class action cases, there will be a team of lawyers representing the class members. Each lawyer may not need indepth knowledge of all the facts, but that knowledge should be present among the team.

There are many other factors a class should consider when evaluating a fair class action settlement. Proper representation by an attorney is paramount to success. If you suspect your case isn’t being handled properly, you may consider contacting an Illinois personal injury lawyer who specializes in consumer and class action cases for advice. He or she should be familiar with the laws of your state, and what constitutes a fair and balanced settlement.

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In all states including Illinois, personal injury lawyers may represent a collective group in class action cases. In the last post, our Chicago personal injury attorney explained the basics of a class action suit.

In a class action suit for money damages, lawyers representing the class are generally paid out of the money that has been recovered. Such money is referred to as a “common fund” for the people they represented. Some class actions involve declaratory judgments or injunctive relief, and in these cases, attorneys may be paid by the people who hired them, or by the people or companies who were sued in some cases.

All attorney’s fees are subject to court review and approval. There has been a great deal of criticism of class action litigation in the news. In some cases, the criticism may be justified, but in others, not. Most criticism focuses on the amount of attorney’s fees awarded. It’s true that lawyers who represent a class may receive fees greater than the compensation given to any individual class member. But the the total amount recovered on behalf of the class in a proper settlement is typically many times the fee given to attorneys. In the next post, our Chicago personal injury attorney will explain more about evaluating a fair and proper settlement.

When considering an attorney’s role in a class action case, keep in mind the benefit of the law on behalf of consumers.  If there weren’t a means to sue wrongdoers for cheating people out of small amounts of money, we’d have little to no recourse. If a company owed you a few hundred dollars, few lawyers would represent your case and you would likely be out the cash. But if thousands of people were also cheated out of a few hundred dollars, then a powerful collective wrong is apparent, and would as such attract qualified legal representation on behalf of the whole.

The biggest benefit of class actions is that they level the playing field when individuals join together to take on a big company.  However, if managed irresponsibly, the class could potentially lose more than they gain.

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Class action lawsuits are filed when consumers with similar complaints form a single party (Plaintiff) on behalf of the whole. Typically, say Illinois personal injury lawyers, class action cases revolve around a defective product, unfair business practice, or employee groups who have faced similar injustices in relation to their job. Rather than enduring individual litigation, class members share representation and find strength in numbers.

Class action cases are governed by the Federal Rules of Civil Procedure: Rule 23, and individual state rules. If you live in Illinois, personal injury lawyers who specialize in class action suits and have a track record of success with these cases will be your best bet if you are considering a class action suit against a large company or organization. If you qualify for participation in a class action suit outside of our state, you may be represented by the attorney for the Plaintiff in any state.

Chicago personal injury attorneys have represented numerous class action cases. The most common is called a Consumer Protection Class Action, which may be brought against those who have violated Federal and/or State laws protecting consumer rights. Consumer protection cases include scams, false or misleading advertising, faulty services, and contract violations. You may have heard about particularly large and newsworthy cases against insurance companies, telephone or internet service providers, manufacturers of defective products, and - especially these days - personal and mortgage lenders, and banking and credit card companies.

To pursue a legal claim as a class, the potential class members must satisfy several requirements including 1) The scope of individuals potentially affected by an illegal practice or harmful product exceeds one (although one person may file a Class Action case) and 2) All within the class share common injuries or legal complaints.

If you live in or around Chicago, personal injury attorneys can answer your questions about Class Action lawsuits. Contact an Illinois personal injury lawyer today.

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Strict liability is a legal doctrine which holds persons responsible for damage or loss caused by their actions, regardless of any “fault”. In Chicago, personal injury attorneys say strict liability often applies when people engage in inherently hazardous activities (such as major construction involving blasting, or keeping exotic animals).  For example, if a magician keeps tigers in a cage, no matter how strong the cage or how much care he took to prevent escape, if the animal becomes loose and injures or kills someone, the owner is liable.Strict liability often applies in the case of manufactured products. According to strict liability law, usually anyone who is involved with the product (including the manufacturer, wholesaler or retailer), could be held responsible if the product was defective and caused injury. An Illinois personal injury lawyer need not prove negligence, just that the product was defective.  Defective products may be due to poor manufacturing standards, or the failure to provide adequate instructions for the products’ use. In either case, those engaged in the commerce of products should reasonably foresee design or manufacturing flaws, or the misuse of the product, and should make every effort to prevent injury.

Chicago personal injury attorneys who are experienced in strict liability cases say disclaimers and waivers of liability for products are often invalidated by courts. (It is not in the court’s best interest to condone the intentional manufacture and distribution of a defective product.)

If you believe you have a strict liability case, contact an Illinois personal injury lawyer. He can help evaluate the facts of your case.

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In Chicago, personal injury attorneys represent victims of many different types of accidents. Claims can range from Worker’s Comp (or injuries on-the-job), to auto accidents, even dog bites. Most of these are cases related to negligence.Personal injury law is also referred to as tort law. A “tort” is the name given to the body of law that provides for civil wrongs that do not arise out of contractual duties. These wrongs result in an injury or other harm and legally constitute the grounds for a claim by the injured party.

An intentional tort arises when a person intends to commit the wrongful act resulting in injury. In the case of intentional torts, it typically does not matter if the injury suffered is far more severe than was intended. Illinois personal injury lawyers say from a legal perspective, it can be difficult to obtain compensation from the Defendant in an intentional tort case, since most insurance policies will not cover purposefully wrongful acts.

Sometimes, however, an injury can arise from the acts of more than one party, or multiple causes of action could arise from the same act. For example, a child daycare center is obligated to provide adequate supervision of the children enrolled there. This includes keeping the premises safe from intruders or third parties. If a child is molested or otherwise harmed, that is considered an intentional act. However, if the daycare is found to have allowed strangers access to the premises, or did not adequately screen or supervise employees, then its owners could be charged with negligence.

The most common intentional tort cases include assault and battery, child abuse, and defamation of character. Criminal acts will often support a lawsuit based on the intentional wrong doing of the criminal.

If you were the victim of an intentional tort, you should contact a Chicago personal injury attorney if you live in Illinois. Personal injury lawyers specialize in both intentional and negligence tort law. Be sure to find a qualified and reputable attorney who focuses in the area of law related to your specific case.

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If you’re being represented by a Chicago Personal Injury Attorney in an injury case and you are unhappy with his performance, what can you do? When you do not have trust or confidence in your lawyer, you have the right to hire a new lawyer. It’s as simple as that.

The problem is you have to pay your new Illinois personal injury lawyer. You also have to pay your prior lawyer for the work he did. On many personal injury cases, it can be an expensive proposition. You should always search for the right kind of attorney for your specific case. Just as you would do if you were buying a new car, you need to investigate the different types if Illinois personal injury lawyers before you invest in one of them, and find an expert in your type of injury or claim.

A bad investment in a lawyer can bring forth a bad result. Many Chicago personal injury attorneys do not prepare very well. Some seem to care more about their fee then their client.

In Illinois, personal injury lawyers can make or break your case. There are many lawyers who do care about their clients and vigorously fight for their rights. Be sure to educate yourself before making your choice, and find someone who is experienced in his field, and passionate about your rights according to the law.

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