Category Archives: Consumer Protection
Florida Judge Declines to Dismiss Lawsuit Against Missouri Student Loan Authority
Identity theft can wreak havoc with your credit rating. Those who steal personal identifying information often take out loans or credit cards in the names of their victims. This ultimately subjects the victims to repeated creditor harassment. And even when the victims take appropriate action to stand up for themselves, creditors may still attempt… Read More »
Florida Funeral Home Sued Over Negligent Handling of Body
When making an estate plan, it is a good idea to include instructions designating an “authorized person” to make any funeral, burial, or cremation arrangements on your behalf. Under Florida law, only such an authorized person can sign any necessary forms and deal with a hospital or funeral home regarding the disposition of your… Read More »
How “Factoring Companies” Can Take Advantage Of Personal Injury Victims
Personal injury cases are often resolved with the plaintiff–i.e., the person harmed by the defendant’s conduct–agreeing to what is known as a structured settlement. Basically, this means the defendant purchases an annuity contract that makes periodic payments to the plaintiff. The annuity is managed by a separate company from the defendant (or their insurer)…. Read More »
Does An Erroneous Mortgage Statement Violate Consumer Protection Laws?
The federal Fair Debt Collection Practices Act (FDCPA) and its state counterpart, the Florida Consumer Collection Practices Act (FCCPA) both prohibit creditors from making false, deceptive, or misleading statements “in connection with the collection of a [] debt.” For example, if a creditor sends you a bill falsely claiming that you owe them money,… Read More »
How Clicking On A Website’s “Terms of Service” Means Signing Away Your Legal Right To Sue
Everyone has clicked a checkbox stating they agree to certain “terms of service” when purchasing goods or services online. Most of us never bother to actually read those terms. Unfortunately, these terms often include legal language that affect your rights under state and federal law. And the fact that you did not read these… Read More »
FTC, Florida Attorney General Shut Down Fraudulent “Credit Card Debt Relief” Scheme Based In Orlando
Debt is something that most of us have had to struggle with at one time or another. A sudden job loss or unexpected major expense can quickly throw your finances into chaos. And as the unpaid bills mount, you start looking for any possible solution that may help you catch up. This is often… Read More »
Can I Be Forced To Arbitrate A Dispute Over A False Credit Report Item?
The Fair Credit Reporting Act (FCRA) is a federal law that gives consumers the right to challenge false or inaccurate information on their credit reports. For instance, if a creditor falsely tells a credit reporting agency that you owe it money, you can sue for damages under the FCRA. The reporting agencies may also… Read More »
Are Unwanted Telemarketing Texts An “Invasion Of Privacy”?
The Telephone Consumer Protection Act (TCPA) is a federal statute that restricts the use of telemarketing and automated “robo-calls” to make commercial solicitations. Among other practices, the TCPA bans the use of “unsolicited text messages to cellular telephones without the … consent or the recipients.” So if a company is texting you unwanted advertising,… Read More »
Can Debt Collectors Give Out Your Personal Information To Third Parties?
The Fair Debt Collection Practices Act (FDCPA) is an important federal statute that protects your rights as a consumer. The FDCPA is basically designed to stop debt collectors from engaging in certain abusive practices when dealing with consumers. One of these protections is that, except under very specific circumstances, a debt collector is not… Read More »
Supreme Court Rejects Claims Against TransUnion Over Credit Reports That Falsely Flagged Consumers As “Terrorists”
A credit report is a written document that contains sensitive information about your credit activity, such as how much credit you have and whether you make your minimum payments on time. There are three main credit reporting agencies in the United States, all of whom are subject to the federal Fair Credit Reporting Act… Read More »