Consumer Protection

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Consumer Protection

This section gives a brief introduction into certain federal laws applicable to common situations faced by consumers who have defaulted on their unsecured debts. While this section is written by an attorney, this is in no way to be considered legal advice and in no way qualifies the reader to bring an action in court for any violations detailed in this section. If you believe that any of your clients might be having their rights violated by a creditor, a debt collector, or a credit bureau, please reach out to a consumer protection attorney or the staff at IAPDA to assist your client.

Fair Debt Collection Practices Act (FDCPA)

Debt collectors generate more fraud reports than any other industry. Although many debt collectors comply with consumer protection laws, others engage in illegal conduct. Some collectors harass and threaten consumers, demand larger payments than the law allows, refuse to verify disputed debts, and disclose debts to consumers’ employers, co-workers, family members, and friends. See what you can do to avoid being harassed or scammed.

Fair Credit Reporting Act (FCRA)

The FCRA protects information collected by credit bureaus, medical information companies and tenant screening services. Information in a consumer report cannot be provided to anyone who does not have a purpose specified in the Act. Is the information reported on your credit reports accurate?

Telephone Consumer Protection Act (TCPA)

People are getting more robocalls than ever. Technology is the reason: Companies are using auto-dialers that can send out thousands of phone calls every minute for an incredibly low cost. See what you can do to limit the number of robocalls you receive.

Electronic Funds Transfer Act (EFTA)

The act established rules to protect consumers and defined the rights and responsibilities of all participants involved in transferring funds electronically. Has money been taken out of your bank account without your permission?

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How much credit card debt do you have?

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How much student loan debt do you have?

What type of student loans do you have?

What is the status of your loans?

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Are you employed?

$10K in back taxes?

Are you currently enrolled in a payment program with the IRS?

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Are you employed?

What problems are you having with your credit report?

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Are you married?

Any children or dependents?

Gross income on tax return (all income):

Do you own home?

What's the loan amount?

Are you filing to prevent foreclosure?

Any lawsuits? Are your wages being garnished?

Do you own a car?

Is there a loan?

Have you filed for bankruptcy in the last 8 years?

Roughly how much is your debt?

Have you sold or transferred property over $600 in the last year?

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Are Collectors calling many times a day?

Are Collectors calling you before 8am or after 9pm?

Are Collectors trying to collect on a debt that you previously settled?

Are Collectors being abusive or threatening?

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* When inquiring about Consumer Protection a copy of your credit report is necessary

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