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Consumer fraud has become far too commonplace in our society.  Sometimes it seems like consumers are being taken advantage of at every turn, especially as our nationwide financial crisis worsens.   From debt collection abuse to scams - consumers today need more protection than ever before.

You may wonder when it’s time to contact a consumer lawyer. How do you know if your case warrants representation or advice from a Chicago personal injury attorney who specializes in consumer law?

Here are some common occurrences when you may consider contacting an Illinois personal injury lawyer:

• You believe you were a victim of fraud
• A debt collector or creditor files suit against you
• FDCPA (Fair Debt Collection) violations
• You get a foreclosure notice
• Someone repossesses your vehicle or threatens to repossess it
• You discover cracks in the foundation of your new home
• Your vehicle turns out to be a “lemon”
• You’re convinced you’ve been deceived in a major purchase
• You’re the victim of injury due to a defective product
• You get notice of an arbitration
• You are having student loan issues
• Vehicle warranty disputes
• Small Claims Court counseling
• Consumer scams
• Living trust scams
• Telemarketing fraud

These are just some examples of consumer issues which may warrant legal action. If you believe you may have a consumer case in Chicago, personal injury attorneys may be able to help.

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In Illinois, personal injury lawyers may specialize in consumer law. Consumer fraud is a common occurrence and victims find they often need the assistance of a Chicago personal injury attorney to achieve justice.

Debt collection harassment and abuse can take a particular toll consumers.  Debt collectors have been the most complained-about industry on the Federal Trade Commission’s consumer website for many years running.  There are federal and state laws that are intended to protect consumers from debt collection and harassment.  These laws apply regardless of whether the consumer owes money on the debt being collected.  Many collectors, however, simply do not comply with the law.

If you believe a debt collector has violated your consumer rights in Illinois, personal injury lawyers may be able to help. The Fair Debt Collection Practices Act allows you to sue in state or federal court within one year from the violation. If you are successful, you can recover damages for your loss, court costs, and attorney’s fees. The one-year time frame begins the date the debt collector violated the law. Therefore, you should quickly contact a Chicago personal injury attorney if you believe a debt collector has violated your rights according to the law. If you fail to file your suit within one year of the violation, you lose your right to do so.

Many Illinois consumer lawyers recommend you notify the Federal Trade Commission (FTC) of violations. They cannot file lawsuits on your behalf, but they can investigate your complaints.

To learn more about your consumer rights against debt collection abuse or harrassment, contact an Illinois personal injury attorney today.

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The debt dispute and verification process is designed to provide you with accurate information about your debt, so that you have the information you need to decide what to do about it.  If you need to dispute a debt, there are certain steps you should follow, according to our Illinois personal injury lawyer.

First, within thirty days of receiving the written notice of debt, you should send a written dispute to the debt collection agency.  Once you have disputed a debt, the debt collector must stop all debt collection activities until it sends you verification of the debt.   Our Chicago personal injury attorney and consumer law expert recommends you keep a copy of the letter for your records.  If possible, you should send the letter certified mail, return receipt requested, so you have proof that the debt collector received it.

You can dispute a debt by phone, but the debt collector will be allowed to continue debt collection activities and will not have to verify the debt until notice is received in writing.

If more than thirty days have passed, you may still dispute the debt, but the debt collector may continue debt collection activities and will not have to verify the debt. If you have strong evidence, you might still want to dispute the debt even though more than 30 days have passed.  Dispute in writing as quickly as possible, and be sure to include any evidence that supports your claim (such as copies of canceled checks or a police report in the case of identity theft).

If the debt collector knows that you don’t owe the money, it should not try to collect the debt. According to our Chicago personal injury attorney, the FDCPA prohibits debt collectors from making false statements about the character, amount, or legal status of your debt. Make sure your rights are protected.

If you dispute the debt, the debt collector may not report it to a credit reporting agency unless and until it verifies the debt.  If the debt collector has already reported the debt (before it received your dispute letter), it is required to notify the credit reporting agencies that the debt is disputed.  After verifying the debt, the debt collector may report it, but only as a disputed debt. A debt collector violates the FDCPA and the Fair Credit Reporting Act if it reports a debt that it knows, or should know, to be false.

If you believe your rights under the FDCPA were violated, contact an Illinois personal injury lawyer who specializes in consumer affairs.

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Our Chicago personal injury attorney has been describing your rights under the FDCPA in these last few posts. In some instances of debt collection, you may wish to dispute the alleged debt against you.  You have powerful tools to dispute debt under the FDCPA.  Once you dispute a debt, the debt collector must stop all debt collection activities until it provides you with proof that you actually owe the debt.  If the debt collector can’t provide legitimate proof, it may never contact you again.  If the debt collector does provide proof of the debt, you will be in a better position to determine your course of action.

According to our Illinois personal injury lawyer and consumer law expert, there are many important factors to consider regarding your right to dispute debt. Under the FDCPA, your rights include three separate components:

1. Right to notice of the debt
2. Right to contest the debt
3. Right to verify the debt

There are some time limits related to these rights, so it is important you pay close attention. You may also consider seeking advice from a reputable consumer law attorney in Illinois.

1. RIGHT TO NOTICE OF DEBT:  According to the FDCPA, within five days of first contacting you, the debt collector must send you a letter telling you: the amount of the debt you owe, the name of the creditor, and information about what you can do if you think there has been a mistake or you don’t actually owe the money. You have thirty days from receipt of this letter to dispute the debt.
2. RIGHT TO CONTEST THE DEBT:  Within  thirty of receiving notice of the debt from the debt collector, you can send a letter to the debt collector disputing the debt and requesting the name and contact information of the original creditor.  The debt collector must stop all debt collection activities until it can “verify” the debt.
3. RIGHT TO VERIFY THE DEBT:  A debt collector will verify the debt by giving you enough information about the debt so that you can tell whether you actually owe it.  The type of information that must be provided changes depending on your specific circumstances.  In most cases, verification should include:  the amount of the debt, the date of the debt, and the name and contact information of the original creditor.   If you contest the debt on grounds of identity theft or mistaken identity, verification should include a copy of the original signed contract or note.  If you contest the amount of the debt, verification should include information about payments made, and interest and fees charged and/or waived.

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As we’ve learned from our Chicago consumer law attorney, debt collectors may be found to have violated the FDCPA when they make harassing, threatening, or misleading statements in order to trick you into making payments.

The following are some of the most common violations seen by our Illinois personal injury lawyers who specialize in consumer law.

Harassing and/or Abusive Statements:

• Threatening to have you arrested or jailed
• Threatening to take your SSI or other protected income
• Threatening to take your household furniture
• Threatening to cause physical injury to you or your property
• Threatening to send false information about you to the credit reporting agencies
• Using obscene or profane language

False and/or Misleading Statements:

• Misrepresenting the character, amount, or legal status of the debt
• Making empty threats to scare you
• Pretending to work for a credit reporting agency
• Pretending to work for a government agency
• Falsely claiming to be an attorney or to work with attorneys
• Sending you fake legal papers to confuse you, or telling you to ignore real legal papers.

Abusive and/or Unfair Practices:

• Calling you or any other person repeatedly with intent to annoy, harass, or abuse you, or any person at that number
• Calling you after you have sent a cease letter.
• Calling or contacting you without disclosing that they are debt collectors trying to collect a debt
• Collecting interest, fees, collection expenses, or other charges that are not authorized by your original payment agreement
• Soliciting postdated checks with the intent to threaten to expose you to criminal charges, or soliciting postdated checks and then threatening to deposit them early.
• Contacting you by postcard, or contacting you in any way that would disclose to a third party that they are debt collectors.

  Source: NEDAP, FDCPA

If you have questions about debt collection abuse or violations of the FDCPA, contact an Illinois personal injury lawyer if you live in or around Chicago. Personal injury attorneys who specialize in consumer law can help ensure your rights are fully protected.

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In Illinois, personal injury attorneys regularly represent victims of debt collection abuse. Your rights are covered under the FDCPA (The Fair Debt Collection Practices Act), which an Illinois debt collection abuse attorney can help you decipher. Under the FDCPA, a debt collector may not contact you directly if he or she knows that you are represented by an attorney. A debt collector may never discuss your debts with third parties.

The FDCPA regulates what debt collectors may say to you when they make contact.  Debt collectors can:

• Try to make you feel guilty about owing money
• Ask you to make a payment agreement
• Encourage you to borrow money from another source in order to pay them

Remember, it is a debt collector’s job to pressure you into paying them first, even if it is not in your best interest.  Debt collectors have many different strategies they use to do this.  You must stay strong, and know your rights.  Don’t agree to pay one debt collector if you have other, more important debts to pay first, say Chicago personal injury attorneys.

Illinois personal injury lawyers will encourage you to stay strong and stand up for your rights.  Debt collectors violate the FDCPA when they make harassing, threatening, or misleading statements in order to trick you into making payments.  If you believe your rights have been violated, contact a Chicago consumer law attorney today.

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In these difficult financial times, many consumers find themselves in seemingly impossible financial situations. Many times, people face mounting debt that is out of their control, brought on by job loss or medical tragedy. Though lenders and creditors have a right to collect what is legally owed, they do not have the right to subject consumers to abuse. All consumers in the United States are protected under the Fair Debt Collection Practices Act (FDCPA). Illinois personal injury lawyers who specialize in consumer law explain this federal law was established to protect consumers from unfair or abusive debt collection practices.

Chicago debt collection abuse attorneys say there are obvious ways you can recognize abuse.  Illinois personal injury lawyers can help you recognize these signs and help ensure your consumer rights are protected.  Under the FDCPA,  a debt collector may contact you in person, or by mail, telephone, telegram, or fax.    Most debt collection contacts occur by telephone.

When a debt collector first contacts you, you have important legal rights to notice of the debt and to dispute the debt.  A Chicago personal injury attorney who specializes in consumer law can help you understand how to dispute debt. A debt collector may only telephone you at times that are appropriate.  Typically, this means between 8 AM and 9 PM.

Some people feel harassed simply by the amount of calls received from debt collectors. Under the FDCPA, a debt collector may not call you repeatedly or continuously with the intent to annoy, abuse, or harass you. It can be tough to legally determine when and whether a debt collector has crossed the line.  According to the Federal Trade Commission, a debt collector may almost certainly call you more than once, but six calls per day is probably considered too many.

A debt collector may not call you at work if your employer does not allow you to receive such calls.  Many people’s employers do not allow them to take personal phone calls.  If that is true in your case, inform the debt collector immediately. Under certain limited circumstances, a debt collector may call your employer, friends or family for the purpose of correcting or confirming your contact information.   In these cases, however, the debt collector may not identify himself as a debt collector or tell the person that you owe a debt.  Also, the debt collector may not call this person more than once (unless he was asked to call again or reasonably believes the person gave wrong or incomplete information but now has correct information).

In the next post, our Chicago consumer law attorney will explain debt collection abuse in further detail. If you have questions about debt collection abuse, contact an Illinois personal injury lawyer today.

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If anyone’s been given a bad name, it’s lenders, specifically predatory lenders. In Illinois, personal injury lawyers who specialize in Consumer Law help protect the rights of consumers according to both state and federal statutes.

The Truth in Lending Act (TILA) is a federal law designed to protect consumers in credit transactions by requiring a clear and upfront disclosure of credit terms prior to entry into a consumer credit contract. These disclosures which include the annual percentage rate, amount financed, finance charge, amount and timing of payments, etc. must be in writing in a form the consumer may keep.

According to our Chicago consumer law attorney, common violations of the TILA include:

The Two Note Case: The two-note case is where the consumer is required to sign a contract which does not give the TILA disclosures, either containing no terms of financing or only partial, incomplete disclosures. At a later date, the consumer is required to sign a contract containing all of the required information. But the TILA information comes too late; the consumer is already bound. Common areas of this violation are car sales and home improvements. The seller will have the consumer sign a contract without the TILA disclosures and later have the consumer sign another contract containing the TILA disclosures.

Spiking: A contract which imposes a security interest in the consumer’s residence (other than the first mortgage) must provide a three-day right of rescission. Sometimes in home improvement contracts the contractor will begin work before the expiration of the rescission period. This practice is called “spiking” and violates the TILA. Also, the failure to give the proper notice including the correct number of forms violates the TILA.

Hidden Finance Charges: The inflation of the purchase price in a credit transaction in excess of the price in a cash transaction is a hidden finance charge. An example is where the seller charges a lower purchase price when the item is purchased for cash ($100.00) but charges a greater amount when the item is financed ($120.00) We have seen this practice in the sale of health club memberships, the sales of motor vehicles, etc.

If you believe your rights according to the Truth in Lending Act were violated, contact a Chicago personal injury attorney who focuses his practice on consumer law today.

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In these uncertain economic times, protecting your credit rating has never been more important. In and around Chicago, personal injury attorneys who specialize in Consumer Law advocate for the rights of consumers. They rely on the provisions of the Fair Credit Reporting Act (FCRA). The Fair Credit Reporting Act was passed to provide greater accuracy in consumer credit reports and to ensure the privacy of a consumer’s credit report.

According to our Illinois consumer law attorney, common violations of the FCRA include:

Theft of Identity: The perpetrator will gain enough information on the consumer to obtain a copy of his or her credit report. With the additional information gleaned from the consumer report the perpetrator will apply for credit, often in the form of credit cards, run up the balance, and abscond, leaving the unpaid bills to appear on the consumer’s bill. Action may be taken against the credit reporting agency and others to correct the situation.

Unauthorized Use: Similarly, companies and individuals may obtain a consumer report for unauthorized purposes. The FCRA limits the permissible purposes for which a consumer report be requested to court-ordered access, access on written approval by the consumer, extension of credit, application for insurance or for government license or permit, or other business purposes. A collection agency may access the consumer report in the course of collecting a debt. Examples of obtaining consumer reports for unauthorized purposes include: accessing the report for the purpose of litigation, accessing the report of a political rival, accessing the consumer report for use in support proceedings prior to the entry of judgment without court order, etc.

Deletion of Improper Information: The FCRA requires the credit reporting agencies to maintain consumer reports to reflect the maximum possible accuracy. Debts older than seven (7) years and bankruptcies older than (10) years are required to be deleted. The consumer may ask the credit reporting agency to reinvestigate. If the entry is not verified or the creditor does not respond, the information must be removed. The failure of the credit reporting agency to delete obsolete or unverified information violates the FCRA. Also, the reappearance of such information after removal is likely to violate the Act.

The FCRA requires the credit reporting agencies to maintain consumer reports to reflect the maximum possible accuracy. Debts older than seven (7) years and bankruptcies older than (10) years are required to be deleted. The consumer may request the credit reporting agency to reinvestigate. If the entry is not verified or the creditor does not respond, the information must be removed. The failure of the credit reporting agency to delete obsolete or unverified information violates the FCRA. Also, the reappearance of such information after removal is likely to violate the Act.

It is essential that consumers are treated fairly under the FCRA. If you believe your rights were violated, contact an Illinois personal injury lawyer today.

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Many people have been victimized by unfair lease agreements, and may have the right to pursue legal action. In Illinois, personal injury lawyers who specialize in consumer fraud and consumer law often represent these clients. As a guideline, Chicago personal injury attorneys rely on the Consumer Leasing Act when determining a victim’s rights. The Consumer Leasing Act is a federal law that requires a lease agreement to include specific terms, includig a statement of the number of lease payments due and their dollar amounts. It requires penalties for late payments to be specified, as well as whether or not a lump sum payment is due at the end of the agreement.

Illinois personal injury lawyers can easily spot violations of the Consumer Leasing Act simply by reviewing the terms of the lease. According to our own Chicago consumer law attorney, common violations include:

Unreasonable Early Termination Formula: The calculation of the amount due on termination of the lease before its termination date is determined by the early termination formula set forth in the lease. Any unreasonable charges or penalties for early termination may violate this provision. Examples include the prohibition of terminating the lease, e.g., during the first year, the addition of amounts not charged at the end of the lease, an unreasonable result as a result of applying the formula, e.g, the application of the formula during the last few months of the lease results in a disproportionately larger amount due than when applied earlier in the lease.

Disclosure of Warranties: The lease must state all warranties available on the vehicle, not just the warranties extended by the lessor. Thus, the failure to state the manufacturer’s warranty violates the CLA.

Disclosure of Interest on Security Deposits: In recent decisions, it has been held that the lease must disclose whether interest on a security deposit will be paid and to whom. Many lessors do not disclose that interest is being earned on the security deposit and retained by the lessor. These cases do not require that the lessor must pay interest earned on the security deposit to the consumer, only that the practice be disclosed.

Failure to Follow the Early Termination Formula: The Seventh Circuit has recently held that the failure to apply the early termination formula as stated in the lease, even though the method applied was more advantageous to the consumer, violated the Consumer Leasing Act. Failure to Disclose the Trade-In or Down Payment Failure of the lease to set forth the trade-in and/or any moneys paid to reduce the price of the lease violates the CLA. Sometimes dealers will fail to state the consumer’s trade-in or down payment of the lease. The CLA is thus violated.

If you believe you or someone you know was the victim of an unfair lease agreement, contact a Chicago personal injury attorney today.

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