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One of the significant consumer protection laws, the FDCPA was passed with the motive of enabling the consumers to overcome the fear of debt scams. Under this law, consumers are given the full right to ask for the identification details of the debt collector and proper validation of the debt and its amount.
Also known as Credit Bureaus or CRA, the Federal Fair Credit Reporting Act empowers the customers to review their credit report. For instance, in case a customer finds that his/her credit report is outdated, he/she can raise this issue and get the report reviewed and corrected. This law has been included to keep a check on the accuracy in keeping a record of the customer's private information.
Passed by President Barack Obama in 2009, the Credit Card Act of 2009 establishes transparent and fair credit practices. Also known as the Accountability, Responsibility and Disclosure Act.
This law protects the confidentiality of every consumer's individual monetary records. According to this law, consumers are entitled to bank records.
Under the Federal Trade Commission Act (FTC Act), all the people associated with debt (debtor, debt collector and the creditor) are prohibited to use or indulge in any kind deceptive or unfair activities for the sake of collecting the debt amount.
This federal law has been designed to encourage the educated usage of credit by consumers. The Truth in Lending Act (TILA) enables the consumer to calculate the borrowed amount and its interest in a standardized manner.
This law forbids all kinds of discriminations in extending credit on various grounds, such as marital status, sex, national origin, race, color and age.
Under this law, every creditor is required to disclose the identity of the person or organization to which the credit is to be offered prior to the completion of the process.
According to a prominent state civil court judge in Brooklyn, Noah Dear said, "I would say that roughly 90 percent of the credit card lawsuits are flawed and can't prove the person owes the debt, over as many as 100 such cases a day...
"The problem, according to judges, is that credit card companies are not always following the proper legal procedures, even when they have the right to collect money. Certain cases hinge on mass-produced documents because the lenders do not provide proof of the outstanding debts, like the original contract or payment history.
As they work through a glut of bad loans, companies like American Express, Citigroup and Discover Financial are going to court to recoup their money. But many of the lawsuits rely on erroneous documents, incomplete records and generic testimony from witnesses, according to judges who oversee the cases."
Attorney General Kamala D. Harris Announces Suit Against JPMorgan Chase for Fraudulent and Unlawful Debt-Collection Practices
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