Litigation

Litigation

Credit Card Lawsuits

Defending against Credit Card collection lawsuits can result in settlement and sometimes dismissal. Since each case is different, get a free one-time professional consultation to know your options.

The Fair Debt Collection Practices Act (FDCPA)

The Fair Debt Collection Practices Act (FDCPA) entitles you to sue collection agencies that harass you, call you day and night at inconvenient times, call you at work when you asked them to stop, contact family and friends or threaten to file a lawsuit against you.

Common FDCPA Violations:

• Calling you at inappropriate times
• Calling you names, using racial slurs or profane language
• Misleading you about the debt status or the amount you owe
• Contacting your neighbors or friends
• Threatening legal action, repossession or wage garnishment that they do not intend to pursue
• Making threats of violence or harm
• Repeated or continuous calls for debt collection
• Implying you have committed a crime by failing to pay a debt
• Misrepresenting their employer or acting like they work for a government agency
• You may be able to receive damages up to $1,000 plus actual damages for medical costs and lost wages, and reimbursement for attorney’s and filing fees (the debt collector may pay for all your attorneys fees).

Credit Repair: Credit Report Violations

The Fair Credit Reporting Act (FCRA) protects you and your credit report. If your dispute over false, inaccurate or outdated negative information is not resolved, you can sue credit reporting agencies (Experian, Equifax, TransUnion), for not properly investigating your disputes and correcting errors on your reports. You can also sue creditors and debt collectors who report negative information in error.

If you’ve been a victim of improper credit reporting, contact us for a free consultation by emailing info@ascholaw.com or text to (714) 830-8581.