The Law Office of Roy L. Landers & Associates

CONSUMER LAW

Consumer law covers a variety of subjects.  Our law firm provides legal services to consumers primarily in the areas of unfair and unlawful debt collection practices by debt collection agencies; wrongful or fraudulent car repossessions and unfair credit reporting.

Finding yourself in debt can be difficult. With the ease of credit card use and temptation to spend now and pay later bills can pile up quickly and often they are very hard to pay. Unfortunately, you can’t just pretend that debt doesn’t exist. You might be able to avoid your creditor at first, but if you don’t face the problem head on you may find yourself being pursued by a professional “debt collector” or more commonly known as “collection agency”. 

Should you have the unfortunate circumstances of being contacted by a collection agency, although you may owe the debt, you are still given rights that must be respected and followed by a collection agency trying to collect a debt. It is very common for collection agencies to violate the law when attempting to collect a debt. Collection agencies are well aware that most people don’t understand that they have consumer rights protecting them from abuse, threats of criminal prosecution and intimidation. Some common questions and answers about debt collection are:

How may a consumer collection agency contact me?

A collector may contact you in person, by mail, telephone, telegram or fax. A collector may not contact you, however, at inconvenient times or places, such as before 8 a.m. or after 9 p.m., unless you agree to be contacted in such a manner. If you inform the collector that you have an attorney, the collector must contact the attorney rather than you.

Can a consumer collection agency contact me at work?

Yes, however, a debt collector may not contact you at work if the collector knows or has reason to believe that your employer disapproves of such contacts.

Can a consumer collection agency contact anyone else about my debts?

A collection agency may not communicate with anyone about your debt but you, your attorney, a credit agency, the creditor or the creditor’s attorney. A collection agency may only contact other people to find out where you live, what your phone number is, and where you work. They may not mention that you owe any debt. They are prohibited from contacting such third parties more than once. Debt collectors may not communicate by post card, and they may not use any language or symbol on a mailing to indicate that the communication relates to the collection of a debt.

What types of debt collection practices are prohibited?

• Harassment

Consumer collection agencies may not harass or abuse you or any third party they contact. For example, consumer collection agencies may not:

• Use threats of violence or criminal means to harm you, your reputation or your property;
• Use obscene language;
• Publish a list of consumers who refuse to pay their debts (except to credit reporting agencies);
• Advertise the sale of your debt in order to coerce payment;
• Repeatedly use the telephone to annoy, abuse or harass someone;
• Place telephone calls to you or your attorney without disclosing the caller’s identity.

 

• False or misleading representation

Consumer collection agencies may not use any false, deceptive or misleading statements when collecting a debt. For example, consumer collection agencies may not:

• Falsely imply that they are attorneys or governmental representatives;
• Misrepresent the character, amount or legal status of your debt or services or compensation that may be received for the collection of the debt;
• Falsely imply that you have committed a crime;
• Send you anything that looks like an official document from a court or government agency when it is not;
  

Consumer collection agencies also may not state that:

• You will be arrested if you do not pay your debt;
• They will seize, garnish, attach or sell your property or wages, unless the collection agency intends to do and it is legal to do so;
• Actions, such as a lawsuit, will be taken against you when such action cannot be legally taken, or when they do not intend to take such action.

WHAT WE DO IN CONSUMER LAW:

Our firm represents consumers to protect their rights in many areas of consumer law. The above is just one example of the area of consumer law we are actively involved in.

• Auto repossessions   
• Lemon auto purchases
• Failure to uphold warranty
• Fraudulent auto sales
• Odometer tampering  

Get our free booklet on consumer protection. Request at info@landerslaw.com

For a free case evaluation click here 

THE LAW OFFICE OF ROY LANDERS
“A difference you can count on”
619-296-7898   Fax 619-296-5611