Your Rights

Federal and state consumer protection laws exist to prevent a variety of unfair or deceptive business practices.  We specialize in protecting your rights as they relate to:  

If your problem doesn't fit neatly into one of the above categories, we still may be able to help.  A variety of consumer protection laws exist to cover almost every unfair or deceptive business practice imaginable.  For example, courts have held that both Pennsylvania's Unfair Trade Practices and Consumer Protection Law ("UTPCPL") and the New Jersey Consumer Fraud Act (“CFA”) can be "invoked . . . to cover a wide variety of practices" to "root out fraud in its myriad, nefarious manifestations." Follow the links on this page to learn more about your particular area of concern.

  • Most consumer matters are accepted on a CONTINGENT FEE BASIS.
    • Usually, there is NO COST TO THE CONSUMER.
  • For an evaluation of your consumer claim:

 

Debt Collection

 

Consumer debt is money owed for personal, family and household obligations. Consumers that have fallen behind on repaying credit cards, personal loans, medical or utility debts, or mortgages may be contacted by a debt collector for payment. Sometimes, consumers are contacted by debt collectors because an error was made on their account. Whether a debt is owed or not, consumers have the right to be free from deceptive, unfair and abusive debt collection tactics on the part of debt collectors, collection agencies, or law firms acting as debt collectors.

Federal law, The Fair Debt Collection Practices Act (“FDCPA”), provides consumers with several protections and allows a consumer to sue a debt collector for violating the law. Consumers can sue the collector for actual and punitive damages who violate the Fair Debt Collection Practices Act. Additionally, the law provides that the consumer’s attorney’s fees will be paid by the debt collector. Under the FDCPA, debt collectors may not – either over the phone or through the mail:

  • harass, oppress, or abuse you or any third parties they contact
  • continue collection efforts after you write them to stop
  • continue collecting after you write to tell them you’re represented by an attorney
  • use any false or misleading statements when collecting a debt.
  • represent that they operate or work for a credit bureau
  • misrepresent or inflate the amount of your debt
  • indicate that papers being sent to you are legal forms when they are not
  • threaten to garnish your wages (in Pennsylvania, Texas or Florida)
  • threaten to take an action they can’t take legally or don’t intend to take
  • fail to disclose that they’re a debt collector
  • give false credit information about you to anyone, including a credit bureau
  • collect any amount greater than your debt, unless permitted by law
  • call you after 9:00 p.m. or before 8:00 a.m., without your consent
  • engage in any other false, deceptive or abusive conduct
  • miscalculate interest, penalties or other charges

If you believe your rights have been violated by a debt collector, send us your debt collection letters and documentation of the debt collector’s phone contact with you. CONTACT US.

 

Read more:

Debt collectors sued by Cary Flitter

Consumer law advocate Cary Flitter has helped numerous clients over the past twenty years. The following is a partial list of the companies and organizations he has sued on behalf of his clients:

Academy Collection Account Management Systems
Accounts Receivable Technologies Account Solutions Group
Affiliated Credit Services Affinity Receivable Management
AFNI Alliance One
Allied Interstate Amato & Associates
Asset Acceptance
Daniels & Norelli, P.C. Delta Management

Eastern Asset Management Encore Receivable Management
ER Solutions Evans & Associates
Evans Law Associates Evergreen Professional Recoveries
Federated Financial Corp. of America Financial Credit Services
First National Collection Corp. Financial Trust Credit Union

 

Genesis Financial Systems Global Vantege

 

Hudson & Keyse LLC

 

IC Systems

 

Jefferson Capital Systems

 

KCA Financial Services

 

Law Office of Paul Coleman Law Office of Frederick Hanna
Law Office of Laurence Hecker Law Office of Mitchell N. Kay
Law Office of Gerald E. Moore & Associates Law Office of Christopher Ranieri
Law Office of Thomas J. Russell Law Office of Schettine & Nguyen
Law Office of J. Scott Watson LVNV Funding, LLC

 

Malcolm S. Gerald & Associates Mann Bracken, LLC
Mercantile Adjustment Bureau Merchants Credit Guide Co.
Midland Credit Management Midpoint Resolution
MRS Associates

 

NAFS-National Action Financial Service National Credit Adjusters
National Enterprise System Nationwide Collections, Inc.
NCA Financial Services NCO Financial Systems
Northeast Credit & Collection Northland Group
North Shore Agency

 

OMNI Credit Services OSI

 

Palisades Collections Patenaude & Felix
Phillips & Burns Phillips & Cohen, LLP
Pinnacle Credit Services, LLC Plaza Associates
Portfolio Recovery Associates Primary Financial Services
Pro-Line Solutions Group

 

Remit Corporation Resurgent Capital Services
RJM Acquisitions, LLC RMCB - Retrieval Masters Creditors Bureau
Rickart Collection Systems Jesse Riddle & Associates

 

Security Credit Systems Shapiro Law Office
Simm Associates SR Financial
Sunrise Credit Services Superior Asset Management

 

Unifund United Collection Bureau
United Recovery Systems Universal Fidelity

 

Weltman Weinberg & Reis

 

Zenith Acquisition

 

Debt Collection - Resources

YouTube Video

Maxed Out - movie discussionMaxed Out is a 90 minute film which takes viewers on a journey deep inside the American style of debt, where things seem fine as long as the minimum monthly payment arrives on time. With coverage that spans from small American towns all the way to the White House, the film shows how the modern financial industry really works, explains the true definition of "preferred customer" and tells us why the poor are getting poorer while the rich keep getting richer. Hilarious, shocking and incisive, Maxed Out paints a picture of a national nightmare which is all too real for most of us." (Released: 6/5/2007; James D. Scurlock, Director; Truworks Production Co.)

Debt Collection - Self Help

Written Communication

When communicating with a debt collector, it is very important to document the contact. Be sure to KEEP ALL PAPERWORK: letters from creditors, letters from collectors, sales receipts, cancelled checks, invoices and all other materials related to the debt. Any letters you send, be sure to keep copies for your files. Letters should be sent via CERTIFIED MAIL, Return Receipt Requested. You will arrange for this at the post office by filling out a green form that is attached to your envelope. Once the postman delivers your mail to the collector, the post card is signed by the recipient, with date and time, then returned to you. Keep the green postcard with the copy of the letter you have sent. It is your proof that the collector received your correspondence. 
 - Sample Letters

Phone Communication

To bring a successful lawsuit against the debt collector, it’s important that you document all contact from the debt collector. Whether the contact is by phone, mail or in person, IMMEDIATELY write down the date, time, debt collector’s name and agency, and content of the conversation. To assist with documentation of collection phone calls, use a Collection Call Log. 
 - Collection Call Log

Third Party Contact

If a debt collector has contacted someone other than yourself about your debt, perhaps a relative, friend, neighbor or co-worker, it is very important to document that contact. Ask the person to write a statement indicating date, time, collector’s name and agency, and the content of the conversation. 
 - Third Party Contact Statement

Sample Letters

AttachmentSize
Cease and Desist28 KB
Validation of Debt / Itemization of Debt Collection29 KB
Payment Plan Agreement28 KB
Contact My Attorney27 KB
Stop Automatic Withdrawal from Bank Account27.5 KB
Dispute Unauthorized Charges72.5 KB
Third-Party Statement28.5 KB
Collection Contact Log36.5 KB

Jailed for Debt?

Some collections agencies and junk debt buyers have been obtaining arrest warrants against debtors. Even though consumers have rights under the FDCPA, arrests for debt are becoming more common, with consumers sometimes spending 48 hours in jail.  Some consumers have even had to stay in jail until they raised the minimum payment.  For people already facing financial hardship, it can be difficult to find the money.  According to the Star Tribune:

"The law enforcement system has unwittingly become a tool of the debt collectors," said Michael Kinkley, an attorney in Spokane, Wash., who has represented arrested debtors. "The debt collectors are abusing the system and intimidating people, and law enforcement is going along with it."

How often are debtors arrested across the country? No one can say. No national statistics are kept, and the practice is largely unnoticed outside legal circles. "My suspicion is the debt collection industry does not want the world to know these arrests are happening, because the practice would be widely condemned," said Robert Hobbs, deputy director of the National Consumer Law Center in Boston.1

Some of the collections agencies that have sought jail time against debtors include:

Unifund CCR Partners

Portfolio Recovery Association

Debt Equities LLC

Capital One Bank

To avoid a debt collection related arrest warrant, Don't ignore court notices!  Respond to any court orders regarding debt, even if you don't recognize the name of the collections agency. 

    If you or a friend has been arrested for debt, CONTACT US. We will evaluate the details of your arrest and determine whether your rights have been violated or not.

     

    (Source: 1Star Tribune: In Jail for Being in Debt, June 9, 2010)

     

    Car Repossession

    If you or a friend has a car or truck that has been repossessed anywhere in the U.S., CONTACT US. We will evaluate the details of your repossession and determine whether your rights have been violated, at no cost to you.

    Your debts can be unsecured or secured.  Secured debts usually are tied to an asset, like your car for an auto loan, or your house for a mortgage.  If you stop making these payments, lenders can repossess your car or file foreclosure proceedings  on your house.  Unsecured debts are not tied to any asset, and include most credit card debt, bills for medical care, signature loans and debts for other types of services.

    Remember to keep your vehicle registration and loan documents in a safe place at home - not in your car!

    Most automobile financing agreements allow a creditor to repossess your car any time you’re in default.  Usually, no notice is required.  If your car is repossessed, you may have to pay either all past-due payments, or the full balance due on the loan, as well as towing and storage costs, to get it back.  You are entitled to a detailed letter stating the amount due and location of your vehicle. If you can’t pay all that is due, the creditor may sell the vehicle at auction.  If you see repossession approaching, you may choose to sell the car yourself and pay off the debt.  You’ll avoid the added costs of repossession and a negative entry on your credit report.

    Most lenders are willing to work with you if they believe you’re acting in good faith and the situation is temporary.  Some lenders may reduce or suspend your payments for a short time.  When you resume regular payments, though, you may have to pay an additional amount toward the past due total.   Other lenders may agree to change the terms of the loan by extending the repayment period to reduce the monthly debt.  Ask whether additional fees would be assessed for these changes, and calculate how much they total in the long term.  Whatever agreement you make with your lender, be sure to get all the terms IN WRITING.

    Consumers – whether they are behind in a vehicle payment or not – are entitled to be free from unwarranted or unreasonable repossession tactics by banks, other auto finance companies and repossessors.  State laws provide detailed rules for lenders who wish to repossess a vehicle – rules relating to who can repossess and when, the timing and content of the notice of repossession, the commercial reasonability of a post-repossession sale, and the calculation of any delinquency.  Often, these rules are overlooked.  Further, an improper repossession can be the basis of a lawsuit under state and federal credit reporting, debt collection, or unfair trade practice laws, yielding significant recovery.

    Read more:

    Has your vehicle been repo'd? We can help. Car repossession trouble is everywhere Stimulus program results in high repo rate Has the Repo Man Paid You a Visit?

    Car Repossession - Helping Yourself

    Self Help 

    You can use the sample letter below to help secure a modified payment plan from your lender.  This letter is intended as a follow-up to a telephone conversation with your lender.

    Sample Letter

    AttachmentSize
    Sample Letter: Modified Payment Plan29 KB

    Boat, R.V. and other Repos

    Cars aren't the only vehicles that lenders repossess.  If you financed your boat, r.v. or other vehicle, your lender can repossess it if you default on your loan.  But, as with the case of auto repossessions, lenders who repossess boats and recreational vehicles must follow the strict laws of self-help repossession.

    If you've had your boat or r.v. repossessed in the last four years, we may be able to help.  CONTACT US.   

    Credit Reporting

    You have the right to have your credit report completely and accurately reflect your credit history.  Negative information on your credit report can severely damage your credit score and your ability to obtain credit to buy things like a home or car, or be approved for a loan – it’s vitally important that your credit report be accurate. 

    The Fair Credit Reporting Act ("FCRA") provides a civil remedy for consumers who have been harmed by the failure to remove reported incorrect information placed on their credit reports by the credit bureaus or those who report credit information to the credit bureaus, called "furnishers."

    The FCRA may provide a remedy for you if you notice: 

    • someone viewed your credit report without your permission
    • inaccurate information on your credit report 
    • unfamiliar accounts
    • other indicators of identity theft
    • someone else’s credit data on your report
    • inaccurate or obsolete criminal history in employment reports
    • incorrect entries by creditors / credit furnishers
    • obsolete information, old addresses, etc.
    • inaccurate/ incorrect entries on your credit file

    CHECK YOUR CREDIT REPORT FOR ERRORS

    Request a Current Copy of Your Credit Report

    To request a copy of your credit report, you will need to provide a letter with your personal information, such as your Social Security Number, date of birth, your full name, current and former addresses, a current phone number and current and former employers.  To confirm your identity, it is helpful to include a copy of your driver’s license, a recent utility bill or a current paystub, with your request.  You can submit requests for your credit report online or you may write for your report.

    Equifax
    P.O. Box 740241
    Atlanta, GA 30374
    1-800-685-1111
    http://www.equifax.com

    Experian
    P.O. Box 2104
    Allen, TX 75013
    1-888-397-3742
    http://www.experian.com

    TransUnion
    2 Baldwin Place
    P.O. Box 1000
    Chester, PA 19022-2000
    1-800-888-4213
    http://www.transunion.com

    Get a FREE Credit Report

    Under the FCRA you have the right to receive one free credit report a year, every 12 months, from each of the three major credit bureaus: Equifax, Experian and Trans Union. The official website for requesting a credit report is: www.AnnualCreditReport.com.  Reports may be requested online, or by phone: 1-877-322-8228.  If you call, you will need to go through a verification process.  Your reports will be mailed to you within 10 – 15 days (allow 2 – 3 weeks for delivery).  Frequently a credit reporting agency may contact a consumer requesting proof of identity, such as a driver’s license, recent utility bill or a current pay stub, for security purposes.

    Annual Credit Report Request Service
    P.O. Box 105281
    Atlanta, GA 30348-5281
    1-877-322-8228

    If you have been denied credit within the past 60 days, or you are a victim of identity theft, you may receive a FREE copy of your credit report from the credit reporting agencies.  When you request your report, you will need to supply a copy of the credit denial letter, or in the case of identity theft, a copy of the police report.  We recommend that you do not request or dispute a credit report online.  The credit bureaus sometime bury a legal waiver in the "click" agreement!  Send a written request for credit reports, or disputes, via US mail.  Keep a copy of your correspondence for your files!

     

    How To Dispute Your Credit Report

    Frequently Asked Questions

     

    Read more:

    Inaccurate Employment Reports Can Be Devastating
    Identity Theft on a Massive Scale
    Watch for Sneaky Changes in Your Credit Card Terms
    Is There an Error on Your Credit Report? DISPUTE IT!
    Credit Card Changes Affect Your FICO Score
    National Consumer Protection Week
    Consumer Financial Protection Bureau Now Online
    Consumer Financial Protection Bureau Announces Joint Statement of Principles with Military’s JAGs

    AttachmentSize
    Request to Reinvestigate30 KB

    Credit Reporting - Frequently Asked Questions

    1. What is a credit score?
      A credit score is a complex mathematical model that evaluates many types of information in a credit file. A credit score is used by a lender to help determine whether a person qualifies for a particular credit card, loan, or service. Most credit scores estimate the risk a company incurs by lending a person money or providing them with a service –– specifically, the likelihood that the person will make payments on time in the next two to three years. Generally, the higher the score, the less risk the person represents.  Consumers must purchase their credit scores by contacting the credit reporting agencies directly.
    2. How often can I check my credit report and credit score?
      If you are looking to secure credit for a mortgage, car loan or personal loan, it is very important for you to get copies of your credit report and check your credit score before you apply for the new credit.  When you request your own credit report, it is considered a "soft inquiry." Your credit score will not be affected negatively if you request a copy of your own report.
      Always check your credit reports and credit scores BEFORE YOU APPLY FOR NEW CREDIT.
    3. Who can access my credit report?
      The Fair Credit Reporting Act (FCRA) states that a company must have a legitimate reason to view your credit report. Any organization or individual who obtains a copy of your credit report under false pretenses can be sued and be subject to criminal prosecution.
      The following list of organizations may have legitimate purposes to access your credit report depending on why they need it and how they handle it when received.
      • Insurance companies (at underwriting, not claims)
      • Landlords seeking a credit check for renters
      • Credit card companies
      • Companies where you are seeking employment (only with full disclosure and your written consent)
      • Organizations considering your application for a government license or benefit (if the agency is required to consider your financial status)
      • State or local child support enforcement agencies
      • Government agencies (usually can only look at your name, address, former addresses, and current and former employers)
      • Other organizations you've initiated business with

      Any time your credit report is viewed by one of the above organizations, a "hard inquiry" gets recorded on your credit report.  Hard credit report inquiries may lower your credit score.
      Also keep in mind that potential employers see a different version of your credit report than lenders do when they do a credit history check. Potential employers conducting a credit check for employment are only concerned with how you manage and repay debt; in other words, your level of financial responsibility. Therefore they don't need to see as many details on your credit report.

    4. How can I get my name removed from mailing lists?
      To remove your name from mailing lists, telemarketing lists, telephone solicitation lists, coupon
      Solicitation lists or Data Compilation lists, consult our Resources Page for specific addresses, phone numbers and websites to file your request.

    Credit Reporting - Resources

    Identity Theft

    You have the right to be free from identity theft and other invasions of your credit privacy. It's more important than ever that your personal data -- especially your Social Security number, your bank account or credit card numbers, your address and telephone numbers, and other valuable identifying data – stay out of the hands of crooks looking to run up bills on your good name.

    Symptoms of an Identity Theft Victim: 

    • unauthorized charges on your credit card or bank accounts
    • a collection agency contacts you regarding a debt you did not incur
    • receiving bills from a credit account you did not open
    • being turned down for a job because of credit information
    • billing statements don't arrive on time
    • being turned down for a auto/student loan, mortgage, credit card, or other form of credit due to unauthorized debts on your credit report
    • accounts you did not authorize appear on your credit report

    Identity Theft Victims:  Steps to Take

    (1)    File a police report . This report helps document the crime.  If your local police are reluctant to take your report, ask to file a “Miscellaneous Incidents” report, or try another jurisdiction, such as your state police, or the township where the identity theft – or attempt – occurred.   Also, you can check with your state Attorney General’s office. Contact the national attorneys general office to locate the attorney general offices in your state: www.naag.org

    (2)    Contact the three major credit bureaus (Experian, Equifax, and Trans Union) and request that a "fraud alert" be placed on your account and that creditors get permission from you before opening any new accounts. Request the credit reporting agency provide a complete, current copy of your report.  We recommend that the report be requested in writing, by mail, not online. The credit bureaus often bury legal waiver clauses in their standard “click” agreement.  You should not have to give up legal rights just because you are a crime victim and need a credit report. Communicate with the credit bureaus by mail, not online, where possible.

    (3)    Contact all of your creditors.  Inform them that you have become victim to Identity Theft. Request a review of all new charges on your account.  Dispute the charges that you do not recognize. 

    Once you receive your next statement(s), review them carefully for charges that do not belong to you.  WRITE to your creditor and dispute the charges. 

    (4)    Report the ID theft to the Federal Trade Commission. Submit an ID Theft Affidavit and Fraudulent Account Statement. www.consumer.gov/idtheft.

    (5)    Once you have received a current copy of your credit report, send a BLOCKING LETTER to the credit reporting agency.  This letter will inform the credit reporting agency of specific items which are not yours.  By sending this letter you are telling the credit reporting agency to block any new charges that come to that account. 

    (6)    Document all calls you make with date, time of day, name of person/agency and details of your conversations.  Make copies for your files of all correspondence you send.  Keep all correspondence you receive, including statements, agreements and receipts.    

    Maintain an "Identity Theft: Phone/Dispute/Correspondence Log." You can download a sample log document here.

    (7)    Keep Copies of all correspondence  you send to a police department, credit bureau(s), creditor, debt collector or any agency regarding your Identity Theft.   Send your correspondence by Certified Mail, return receipt requested to confirm receipt of your correspondence.

     

    We can often help you gain relief from identity theft. 

    How to Protect Yourself from Identity Theft

    To discuss whether you have a lawsuit to pursue, CONTACT US.

     

    Read more:

    Inaccurate Employment Reports Can Be Devastating

    Identity Theft - Helping Youself: Sample Letters

    Please feel free to download and use the sample letter documents listed below.

    Sample Letters

    AttachmentSize
    Fraud Alert30 KB
    Dispute to Creditor27.5 KB
    Block Listing31.5 KB
    Dispute Charges72.5 KB
    Dispute Withdraw28 KB
    Phone/Dispute Correspondence Log51.5 KB

    Identity Theft - How to Protect Yourself

    How to Protect Yourself from Identity Theft

    1. Destroy private records & statements: SHRED credit card statements, solicitations and any other documents that contain private financial information.
    2. Secure your mail.  Empty your mailbox quickly, lock it or get a P.O. Box so criminals don’t have a chance to access your mail.  Take your outgoing mail to the post office or a U.S mailbox, rather than leave mail in your mailbox for pick-up.
    3. Safeguard your Social Security Number.  NEVER carry with you your social security card, or, any card that may have your number on it, like health insurance cards.
    4. Don’t leave a paper trail.  Never leave ATM, credit card or gas receipts behind.  Also, don’t leave them in your car!
    5. Passwords & Security:  Do not use obvious names & numbers, such as your first, middle or last name, birth date or social security number, when creating a password.  Memorize your passwords!  Also, ask your financial institution about adding security to your accounts. Change your passwords annually.
    6. Know who you’re dealing with.  Your employer and financial institutions need your SSN for wage and tax reporting purposes.  Other businesses may ask you for your SSN to do a credit check if you are applying for a loan, renting an apartment, or signing up for utilities.  Sometimes, however, they simply want your SSN for general recordkeeping without a truly legitimate need.  Ask why your private identity and financial information is needed.  The decision is yours to share. 
    7. Take your name off marketers’ hit lists.  You can cut down on junk mail and opt out of credit card solicitations.  Contact Do-Not-Call registry  (1-888-382-1222) , or www.donotcall.gov, to have your name removed from unwanted lists.
    8. Monitor your credit report.  At least once a year, obtain copies of your credit report from each of the three main credit reporting agencies, Equifax, Experian & TransUnion.  You may access these reports by contacting, www.annualcreditreport.com .  Review these reports for accuracy.
    9. Review your credit card statements carefully.  Make sure you recognize the merchants, locations and purchases listed before paying the bill.  If you see an unfamiliar charge, contact the credit card company within 60 days of the statement date and file a written dispute.
    10. Keep good, organized financial records.  Maintain files which include statements, agreements, correspondence and payment history.  If you’ve filed a dispute, keep documentation of dates, people you spoke with and correspondence sent and received.

     

    Identity Theft - Resources

     

    Mortgages and Loans

    Buying or refinancing your home may be one of the most important and complex financial decisions you'll ever make. Many lenders, appraisers, and real estate professionals stand ready to help you get a nice home and a great loan. However, you need to understand the home buying process to be a smart consumer. Every year, misinformed homebuyers, often first-time purchasers or seniors, become victims of predatory lending or loan fraud. Don't let this happen to you!

    You have the right to be free from predatory lending practices.  The federal Truth in Lending Act (“TILA”) protects consumers from overcharges and other undisclosed “costs of credit”.  Other federal lending laws such as the Equal Credit Opportunity Act (“ECOA”), which protects against credit discrimination, and the Real Estate Settlement Procedures Act (“RESPA”), which prevents kickbacks and bait-and-switch lending, exist to help borrowers in the often complex area of loans and consumer lending.  Several state laws also provide protection for borrowers.

    If you’re the victim of a bait and switch, in Pennsylvania or New Jersey, non-disclosure of material terms, overcharges and fees, or other predatory lending practices, we may be able to help.  CONTACT US to discuss the specific issues of your home purchase or refinance.

    Read more:

    Consumer Financial Protection Bureau: Know Before You Owe Initiative
    National Consumer Protection Week
    Consumer Financial Protection Bureau now online
    Fraudsters are still at it...

    Protect Yourself from Predatory Lenders

    Eleven tips on being a smart consumer
    (source: http://www.hud.gov/offices/hsg/sfh/buying/loanfraud.cfm)

    1. Before you buy a home, attend a homeownership education course offered by the U.S. Department of Housing and Urban Development (HUD)-approved, non-profit counseling agencies.
    2. Interview several real estate professionals (agents), and ask for and check references before you select one to help you buy or sell a home.
    3. Get information about the prices of other homes in the neighborhood. Don't be fooled into paying too much.
    4. Hire a properly qualified and licensed home inspector to carefully inspect the property before you are obligated to buy. Determine whether you or the seller is going to be responsible for paying for the repairs. If you have to pay for the repairs, determine whether or not you can afford to make them.
    5. Shop for a lender and compare costs. Be suspicious if anyone tries to steer you to just one lender.
    6. Do NOT let anyone persuade you to make a false statement on your loan application, such as overstating your income, the source of your down payment, failing to disclose the nature and amount of your debts, or even how long you have been employed. When you apply for a mortgage loan, every piece of information that you submit must be accurate and complete. Lying on a mortgage application is fraud and may result in criminal penalties.
    7. Do NOT let anyone convince you to borrow more money than you know you can afford to repay. If you get behind on your payments, you risk losing your house and all of the money you put into your property.
    8. Never sign a blank document or a document containing blanks. If information is inserted by someone else after you have signed, you may still be bound to the terms of the contract. Insert "N/A" (i.e., not applicable) or cross through any blanks.
    9. Read everything carefully and ask questions. Do not sign anything that you don't understand. Before signing, have your contract and loan agreement reviewed by an attorney skilled in real estate law, consult with a trusted real estate professional or ask for help from a housing counselor with a HUD-approved agency. If you cannot afford an attorney, take your documents to the HUD-approved housing counseling agency near you to find out if they will review the documents or can refer you to an attorney who will help you for free or at low cost.
    10. Be suspicious when the cost of a home improvement goes up if you don't accept the contractor's financing.
    11. Be honest about your intention to occupy the house. Stating that you plan to live there when, in fact, you are not (because you intend to rent the house to someone else or fix it up and resell it) violates federal law and is a crime.

     

    Our Client, a Victim of Mortgage Fraud, is Welcomed to the White House

    A number of our consumer protection cases have gained national attention over the years, but none more than our litigation on behalf of Karen Cappuccio of Hellertown, PA whom we represented in a case against Countrywide Mortgage, which is now owned by Bank of America. On October 9, 2009, Karen was invited to the White House to discuss her story with the President of the United States.

     

    As part of his national press conference on Consumer Financial Protection, President Obama pointed to Karen's case as a blatant example of predatory lending and added that Karen was forced to fend off foreclose  because "her mortgage company duped her into taking out two expensive loans when they had originally promised her one low, fixed-rate mortgage." The President's remarks, including his mention of Karen, can be viewed at http://www.youtube.com/watch?v=fwbqmZpSXho

     

    In 2006, Karen applied to refinance her home mortgage with low-interest, fixed rate loans.  However, her application was later altered without her knowledge and she was placed in high-interest, variable rate loans.  We helped Karen fight the banks that put her in the position of having loans she did not want and loans she could not afford.  Karen’s case went to trial, where a jury awarded her a verdict under the federal Equal Credit Opportunity Act and Pennsylvania’s Consumer Protection Law. 

     

    picture of cappuccio with obama.jpg

    Pictured is our client, Karen Cappuccio (seated fourth from left), meeting with President Obama to discuss her experiences as a victim of mortgage fraud.  President Obama referred to Karen’s situation during his press conference on October 9, 2009 about establishing a new Consumer Financial Protection Agency.   

     

    Pre-Recorded Collection Calls

    Telemarketing is popular because it is an inexpensive way to market products. Costs are low for the telemarketer, but high on the individual who may be annoyed, inconvenienced, or even psychologically harmed by numerous pre-recorded (or robo) calls throughout the day. You have the right to be free from unwanted automated telephone calls and faxes. 

    The Telephone Consumer Protection Act (TCPA) of 1991 and other related laws regulate unwanted telemarketing calls, junk faxes, and unwanted text messages to cell phones at the recipient’s cost. The TCPA and other regulations make it illegal for debt collectors and advertisers of products and services to make calls using automatic telephone dialing systems or artificial or prerecorded voice systems to cell phones or to residential phone lines without consent of the called parties.  Those making calls are required to:

    1. Make calls between 8 a.m. or after 9 p.m., local time.
    2. Maintain a “Do Not Call” (DNC) list, which must be honored for 5 years.
    3. Provide their name, the name of the person or entity on whose behalf the call is being made, and a telephone number or address at which that person or entity may be contacted.  In addition:
    4. Calls cannot be made to residences with artificial voices or recordings unless there is consent or an existing business relationship.
    5. Calls cannot be made with artificial voices or recordings to cell phones or to any service in which the recipient is charged for the call.
    6. Prerecorded or autodialed calls cannot engage two or more lines of a multi-line business or to any emergency number.
    7. Unsolicited advertising faxes are prohibited.
    8. If there is a violation of the TCPA, individuals or businesses are entitled to collect damages directly from the sender in the amount of $500 to $1,500 for each violation, or recover actual monetary loss, whichever is higher.

    If you've received unwanted faxes or automated telephone calls from a debt collector or a company advertising a product or service, you may be entitled to sue.  Keep copies of faxes and voice messages and maintain a call log of when the calls or faxes were received.  Also, you may make a recording of messages that were left on your phone, creating a document with date, time of day and the message that was left.  CONTACT US to discuss whether a lawsuit can be pursued.

    Recent Cases

    Watson v. NCO Group, Inc., 462 F. Supp. 2d 641 (E.D. Pa. 2006)
    Debt collector who made dozens of  automated “robo-call” debt collection calls to a consumer who owed no debt ,violated the Telephone Consumer Protection Act (TCPA) and the Fair Debt Collection Practices Act (FDCPA).


    Robo-Calls and Junk Faxes - Resources

    Robo-Calls and Junk Faxes - Self Help

    Self Help

    Please feel free to use the "Robot Calls/Junk Fax Contact Log" to keep track of your incoming robo-calls or junk faxes.

    AttachmentSize
    Robot Calls/Junk Fax Contact Log38 KB

    Unfair Business Practices

    Unfair or Deceptive Acts and Practices

    A variety of state and federal consumer protection laws exist to cover many unfair or fraudulent business practices in Pennsylvania and New Jersey.  These laws are often flexible enough to cover new scams or swindles that change with the times and technology.  Recently, our consumer lawyers won a jury verdict against a major national bank under Pennsylvania’s Consumer Protection Law after the jury found the bank engaged in deceptive, predatory mortgage lending. CONTACT US, we may be able to help you.

    Product Defects and Warranties

    You have the right to insist that the products you buy for yourself and for your family are safe and live-up to the manufacturer’s warranty.  As evidenced by the thousands of product recalls each year, the products we buy often have problems that make them unsafe or inadequate.  A warranty is often a major factor in the purchasing decisions we make.  If you’ve purchased a product that is dangerous, wears-out prematurely or is otherwise defective, contact us – we may be able to help.

    Our firm served as co-lead counsel in a class action suit against a major tire manufacturer over premature tire wear.  We negotiated a nationwide class action settlement which resulted in a settlement fund of up to $8million, with refunds of as much as $90 per tire for the class members. 

    If a manufacturer or service provider is not living-up to a warranty it has made to you, you may have the basis for a lawsuit. CONTACT US, we can help. 

    Serious Personal Injury

    If you or a family member has been seriously injured by someone else’s carelessness, we may be able to help.  The firm has a long history in the settlement and trial of serious  personal injury matters.  Our trial results include:

    • An award on a Philadelphia jury verdict of over $10 million involving a serious collision with a tractor-trailer;
    • An arbitration award in Montgomery County of over $1.1 million to a union electrical worker injured while driving his company truck;
    • A non-jury verdict in Bucks County of $2 million to a warehouse supervisor who suffered serious leg and foot injuries on a dangerous platform;
    • An award on a Montgomery County jury verdict of over $240,000 to a retail manager injured in a car accident on his way home from work;

    These are a sampling of trial verdicts and similar awards.  Of course, most cases are able to be settled without trial and the firm has secured millions of dollars in compensation for its clients by settlement. CONTACT US, we may be able to help.

    Contact Us

    We will be glad to evaluate your consumer concern. There is NO COST TO YOU for this evaluation. Please complete the form below. Generally, we try to respond to your inquiry within one business day. The internet is not 100% confidential. If your inquiry is of an urgent nature, or if privacy is required, please call us at: 610-266-7863. If you think your rights have been violated or think a business is engaging in illegal activity, contact us for a FREE consultation. Consumer lawsuits are often handled on a contingency fee basis - quite often there is no cost to the consumer.

    DISCLAIMER: The information contained in this website is general information for the public. The website also contains links to other websites and publications. These links and references are there for your convenience. The information provided on this website is intended to be correct, complete and up-to-date. However, it is not intended to be construed as legal advice. The reader should not assume that communication with our office constitutes an attorney-client relationship. Submission of information via this website does not create an attorney-client relationship with this firm. Also note that email messages are not necessarily secure and private. Cary L. Flitter, Esq. is a licensed attorney in the states of Pennsylvania and New Jersey. Although federal laws apply to many consumer lawsuits where he could represent parties nationwide, Mr. Flitter does not wish to represent anyone from a state where the information contained in this website fails to comply with all laws and ethical rules of that state.