Archive for March, 2010
What is unfair or unconscionable under the Fair Debt Collection Practices Act
KCLS LIMITS THE GEOGRAPHY IN WHICH WE TAKE CASES.
YOU MUST BE A VIRGINIA RESIDENT.
If you are not a Virginia Resident, click here to find a lawyer near you.
The Fair Debt Collection Practices Act is designed to protect consumers from abusive or harassing conduct, false or misleading statements or unfair act by Debt Collectors.
What is “unfair or unconscionable” under the Fair Debt Collection Practices Act?
As usual, we start with the statutory definition. Thanks to LII.
15 U.S.C. §1692f says
A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
(1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.
(2) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collector’s intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit.
(3) The solicitation by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution.
(4) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument.
(5) Causing charges to be made to any person for communications by concealment of the true purpose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees.
(6) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if—
(A) there is no present right to possession of the property claimed as collateral through an enforceable security interest;
(B) there is no present intention to take possession of the property; or
(C) the property is exempt by law from such dispossession or disablement.
(7) Communicating with a consumer regarding a debt by post card.
(8) Using any language or symbol, other than the debt collector’s address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business.
So, a collector is not permitted to ask for any money unless it is an amount allowed for by law or by agreement. Examples of this are collection fees, or more commonly, fees for how you pay. For example, if you pay by phone, some collectors charge a fee for pay by phone. This is an illegal charge under the Fair Debt Collection Practices Act.
Post dated checks are another problem under the Fair Debt Collection Practices Act. If the collector accepts a post-dated check, they must not deposit the check until the date you specify. If that date is more than 5 days away, they must notify you in writing that they are going to deposit the money before they do so.
They also are not permitted to solicit a post-dated check, if the purpose of this is to charge you with a crime if the money is not there.
They cannot hide the charges, for example, by doing a collect phone call. This is prohibited under the Fair Debt Collection Practices Act. Other examples are calls to cell phones where you have a per-minute charge (I know this is relatively rare in these days of unlimited minutes, but it was more common), or if they communicate by text message, and you are charged a fee for receiving text messages. Text messages are a whole problem unto themselves, and we will dedicate a blog to that another time.
Postcards an markings on envelopes that identify the business are improper, also, under the Fair Debt Collection Practices Act.
The only provision of the Fair Debt Collection Practices Act that applies to repossession agents is the section on repossessing or foreclosing on something that they do not have the right to do so. 15 USC 1692f[6]. A repossession agent is not permitted to repossess a car if there is no present right to repossess the car. They cannot foreclose if they are not permitted to do so. When are they not permitted to do so? If there is no loan on your car or house. If you are current on your car or house payments, this would also potentially violation the Fair Debt Collection Practices Act. There will be a longer post on that another time.
If you have been impacted by anything we mentioned here, you can make an appointment to see us.
NO FEE IN YOUR FDCPA CASE UNLESS WE RECOVER!!
OUR LEGAL FEES:
The rights afforded to you, as a consumer, under the FCRA and the FDCPA means that a corporation or party who has violated your rights may ultimately be made to pay for statutory damages, actual damages, and your legal fees. Therefore, if we agree to represent you in any case, you won’t pay any attorney’s fees unless we are successful and we recover on your behalf. We are here to serve and have assisted many consumers TO enforce their legal rights. Let us try and see if we can help you too. That means you pay no fee in your case unless we recover.
Contact us by e-mail or by telephone or fax or US Mail.
You can call us: 804.673.4358
You can fax us: 804.673.4350
You can contact us by US MAIL:
Krumbein Consumer Legal Services, Inc.
1650 Willow Lawn Drive
Suite 300
Richmond, VA 23230
What procedures to assure maximum possible accuracy must the agencies use?
KCLS LIMITS THE GEOGRAPHY IN WHICH WE TAKE CASES.
YOU MUST BE A VIRGINIA RESIDENT.
If you are not a Virginia Resident, click here to find a lawyer near you.
The Fair Credit Reporting Act is designed to protect consumers from inaccurate or outdated information on credit reports.
MAXIMUM POSSIBLE ACCURACY and The Fair Credit Reporting Act
All references to code sections are courtesy of the Legal Information Institute at Law.Cornell.edu.
The Fair Credit Reporting Act requires the Credit Reporting Agencies, or Consumer Reporting Agencies to have a procedure to assure “maximum possible accuracy”.
The section that discusses the requirements for maintain a credit file is 15 U.S.C. §1681e subsection [b].
As usual, we start with the statute. Please note that we will only be reviewing the section on maximum possible accuracy, so the rest of the section will not be reprinted or discussed.
(b) Accuracy of report
Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates.
Last time, we talked about Maximum Possible Accuracy for the Fair Credit Reporting Act.
But that is not all. The code says they must have a PROCEDURE TO ASSURE Maximum Possible Accuracy.
This means that they have to think about what is reported, and have a system to know that it is inaccurate.
In each of these cases, the key thing is that the information is inaccurate. Remember, the Fair Credit Reporting Act can only help fix problems of false, inaccurate information. If the information is true, you cannot remove that information, no matter how much you might try.
So what would be a valid procedure?
For example, as the recent consent order in the White/Acosta v. Equifax, TransUnion and Experian cases, has shown, if a consumer files for Bankruptcy, they must change the reporting WITHOUT the intervention of the creditors. So even if your creditors still think update and show that you still owe, they should show that the account is Discharged in Bankruptcy.
They know that they have a problem with mixing credit files up. They have known for several years. They are supposed to be able to keep your file separated, and they know it. That would be another example.
The problem gets stickier when the account is an ID Theft account. How can they know? Maybe, if the account comes with a report that you live at a different address? That should trigger someone looking at the file more closely.
The short of this is that they must actually look at the accounts, and have a way to assure that the information that they are disseminating is accurate to the fullest extent.
If you have been impacted by anything we mentioned here, you can make an appointment to see us.
NO FEE IN YOUR FCRA CASE UNLESS WE RECOVER!!
OUR LEGAL FEES:
The rights afforded to you, as a consumer, under the FCRA and the FDCPA means that a corporation or party who has violated your rights may ultimately be made to pay for statutory damages, actual damages, and your legal fees. Therefore, if we agree to represent you in any case, you won’t pay any attorney’s fees unless we are successful and we recover on your behalf. We are here to serve and have assisted many consumers TO enforce their legal rights. Let us try and see if we can help you too. That means you pay no fee in your case unless we recover.
Contact us by e-mail or by telephone or fax or US Mail.
You can call us: 804.673.4358
You can fax us: 804.673.4350
You can contact us by US MAIL:
Krumbein Consumer Legal Services, Inc.
1650 Willow Lawn Drive
Suite 300
Richmond, VA 23230
Maximum Possible Accuracy requirement of the Fair Credit Reporting Act
KCLS LIMITS THE GEOGRAPHY IN WHICH WE TAKE CASES.
YOU MUST BE A VIRGINIA RESIDENT.
If you are not a Virginia Resident, click here to find a lawyer near you.
The Fair Credit Reporting Act is designed to protect consumers from inaccurate or outdated information on credit reports.
MAXIMUM POSSIBLE ACCURACY and The Fair Credit Reporting Act
All references to code sections are courtesy of the Legal Information Institute at Law.Cornell.edu.
The Fair Credit Reporting Act requires the Credit Reporting Agencies, or Consumer Reporting Agencies to have a procedure to assure “maximum possible accuracy”.
The section that discusses the requirements for maintain a credit file is 15 U.S.C. §1681e subsection [b].
As usual, we start with the statute. Please note that we will only be reviewing the section on maximum possible accuracy, so the rest of the section will not be reprinted or discussed.
(b) Accuracy of report
Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates.
The key term here is that the Fair Credit Reporting Act regulates information that is about you by making it illegal to report inaccurate or outdated information.
So, what is inaccurate?
- Not your account (you never opened or used the account, etc.)
- Illegal use of your account (someone charged something to your account but it was not you)
- Wrong status (Bankrupt, they changed the age of the account, you were never late, etc.)
NOT YOUR ACCOUNT
This comes in 2 major varieties, with some minor variations.
- Identity theft
- Mixed credit file
Identity theft is where someone other than you opens an account in your name, using your name, your social security number, your date of birth, but you never see the account, the card, or the money.
Mixed credit file is where your name is similar to someone or your social security number is similar to someone. In this circumstance, the credit bureaus cannot tell the difference between the 2 of you, so what is on 1 is on both.
ILLEGAL USE OF THE ACCOUNT
This is where you have a credit card with a company, but someone steals your card, and uses that card to purchase things for themselves. This is classic credit card theft.
Another example is where you have the account, but someone steals the card number, and uses that card number to purchase things for themselves or others. This is the newer version of credit card theft.
WRONG STATUS
This is the situation of a paid off account that shows that you owe money.
This can also be an account that shows that you were late when you never were. There are a number of credit card companies that play games, and they might receive the money on the 10th, when the payment is due, but they don’t process the check until after the 20th when it is late. Then they report that you were late, and charge you a late fee. A secret about me —First Tennessee Bank did this to me in the 80s and 90s, and this is one of the reasons I went into consumer law. Another example is mortgage companies that do the same thing.
Bankrupt accounts reporting as still due and owing, or charged off. This is a common problem.
Accounts that are delinquent often go to Debt Collectors. Sometimes they change the date the account first became delinquent, which is the key date the Credit Reporting Agencies use to determine when the account comes off your credit report. Most delinquent accounts can only be reported for 7 years, but some can be reported for 10 (for example Bankruptcy) and others can be reported for as long as they are outstanding (for example tax liens). There is no time limit for a good account to be reported.
If you have been damaged by any of these actions, you could be entitled to recover actual damages, attorney fees and costs, and in the right circumstances, punitive damages are available. Getting to punitive damages is very hard, so we usually tell clients that punitive damages are likely to be limited, if available, in their case.
In each of these cases, the key thing is that the information is inaccurate. Remember, the Fair Credit Reporting Act can only help fix problems of false, inaccurate information. If the information is true, you cannot remove that information, no matter how much you might try.
If you have been impacted by anything we mentioned here, you can make an appointment to see us.
NO FEE IN YOUR FCRA CASE UNLESS WE RECOVER!!
OUR LEGAL FEES:
The rights afforded to you, as a consumer, under the FCRA and the FDCPA means that a corporation or party who has violated your rights may ultimately be made to pay for statutory damages, actual damages, and your legal fees. Therefore, if we agree to represent you in any case, you won’t pay any attorney’s fees unless we are successful and we recover on your behalf. We are here to serve and have assisted many consumers TO enforce their legal rights. Let us try and see if we can help you too. That means you pay no fee in your case unless we recover.
Contact us by e-mail or by telephone or fax or US Mail.
You can call us: 804.673.4358
You can fax us: 804.673.4350
You can contact us by US MAIL:
Krumbein Consumer Legal Services, Inc.
1650 Willow Lawn Drive
Suite 300
Richmond, VA 23230
What is a consumer debt
KCLS LIMITS THE GEOGRAPHY IN WHICH WE TAKE CASES.
YOU MUST BE A VIRGINIA RESIDENT.
If you are not a Virginia Resident, click here to find a lawyer near you.
The Fair Debt Collection Practices Act is designed to protect consumers from abusive or harassing conduct, false or misleading statements or unfair act by Debt Collectors.
The second question that is key to ask, is What is a debt that is covered by the act?
Not all debts are “debt” for purposes of the Fair Debt Collection Practices Act.
We always start with the statutory definition.
16 USC 1692a[5] says “debt” means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment.
What this means is that if the debt was incurred to pay for something for you, or your houshold, it is a consumer debt. Examples include credit cards used to pay for family vacations, groceries or gas. It includes your store brand credit cards, if you use them for your self. Your car, if its for your personal use.
It does NOT include debts that are for business, or debts that are not from a transaction.
Lets go over some examples of not-transactions
Taxes, fines, levies, and other tort damages, like car wrecks or assault or shoplifting debts. These are debts that you owe, but there was no bargained for transaction. You did not do something, like negotiate for how much you would pay in taxes, and get something in return (well, maybe you did get something, but police protection, fire departments and roads are not something you negotiate for, you get them because you live there).
A car wreck is another perfect example. You did not agree to get into a car wreck and cause $5,000.00 in damages. You had an accident. This is a tort, called negligence.
So what IS covered?
Basically, anything that is a contract.
Your car loan, for the car that you use to take the kids to soccer, go to the grocery store, and drive to your place of employment, is a contract, for a purchase that you made for your personal use, and for the good of your household. But if you use that car for work- for example, a delivery driver, that car may not be a “personal” use car. It may be a business use.
How about store cards? Lets use a home improvement/hardware store card, as our example, because we can have that for many different purposes.
Lets says you have a credit card with the store, and you want to build a deck on your home. So, you charge the materials, and the brand new circular saw, and the saw horses, and the hammers, and all the other stuff. You are building a deck on your home. This is a debt for personal, family or household purposes.
Lets say you are a contractor, building a deck on a customer’s house. So, you charge the materials, and the brand new circular saw, and the saw horses, and the hammers, and all the other stuff. You are building a deck on your customer’s house. You make a living (we assume) doing construction, so the debt to the store is for a business debt, not a consumer debt. This debt would NOT be covered by the Fair Debt Collection Practices Act.
How about a check to the local grocery store?
The same analysis applies.
Did you buy groceries for you and your family? That is a consumer debt, and is covered by the Fair Debt Collection Practices Act.
Did you buy groceries because you are a caterer, and need supplies for your next job? That is NOT a consumer debt, that is a business debt, and not covered by the Fair Debt Collection Practices Act.
Why is this important?
Because when a debt collector does something that is abusive, false or misleading or unfair, to collect on a CONSUMER debt, they violate the Fair Debt Collection Practices Act. A violation of the Fair Debt Collection Practices Act allows you to sue a debt collector for actual damages, an additional $1,000.00, plus attorneys fees and costs. Please note that the $1,000.00 is NOT per violation, but for all violations that occur.
Read more about what we can do to assist you in protecting yourself from collection harassment or abuse, false or misleading statements or unfair and deceptive acts in the main section of our website.
Contact us by e-mail or by telephone or fax or US Mail.
You can call us: 804.673.4358
You can fax us: 804.673.4350
You can contact us by US MAIL:
Krumbein Consumer Legal Services, Inc.
1650 Willow Lawn Drive
Suite 300
Richmond, VA 23230
What is the difference between a creditor and a debt collector?
KCLS LIMITS THE GEOGRAPHY IN WHICH WE TAKE CASES.
YOU MUST BE A VIRGINIA RESIDENT.
If you are not a Virginia Resident, click here to find a lawyer near you.
The Fair Debt Collection Practices Act is designed to protect consumers from abusive or harassing conduct, false or misleading statements or unfair act by Debt Collectors.
What is a DEBT COLLECTOR and how is a DEBT COLLECTOR different from a CREDITOR?
A “Creditor” is defined at 15 U.S.C. §1692a[3]- “The term “creditor” means any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another.”:
A “Debt Collector is defined at 15 U.S.C. §1692a[6]- The term “debt collector” means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. “ There are some exclusions, that we will talk about (briefly) later.
Why is this important?
In Virginia, this is particularly important, because a debt collector is covered by the Fair Debt Collection Practices Act (FDCPA), and a creditor is not covered by the FDCPA. A debt collector is subject to regulation (and more importantly, to being sued) for acts that are abusive or harassing, false or misleading, or unfair and deceptive.
A creditor is NOT subject to anything. A creditor, and their employees may not violate criminal law in the collection of a debt. Generally, this means that they can’t send someone to your house to beat you up. That’s about it. The Fair Debt Collection Practices Act (FDCPA) does not apply.
So, what is a “Debt Collector?” A debt collector is anyone who uses the phone, mail, telephone, telegraph, or any other thing that crosses state lines, to collect debts that are or were owed to someone else.
The easiest way to explain this is examples.
- You owe First National Bank of Nonesuch (FNBN) for a credit card. FNBN’s employees call and violate the law (never mind how, that’s another blog entry, lets just assume that they did something that would violate the law). FNBN is a creditor. They did not violate the Fair Debt Collection Practices Act (FDCPA), because the act does not apply to them.
- You owe FNBN for a credit card, and the account goes into default. Mean Debt Collector (MDC) has an employee who calls and violates the law (once again, never mind how, that’s another blog entry). MDC (and their employees) are debt collectors as defined by the Fair Debt Collection Practices Act (FDCPA), so they have violated the law.
- You owe FNBN for a credit card, and the account does NOT go into default. Mean Debt Collector (MDC) has an employee who calls and violates the law (once again, never mind how, that’s another blog entry). MDC is not collecting an account that is in default, so they did not violate the Fair Debt Collection Practices Act (FDCPA), because the act does not apply to them- they are not collecting an account that went into default.
- You owe FNBN for a credit card, and the account goes into default. Junk Debt Buyer (JDB) lets you know that they have bought your account, and you should now direct all your payments to them. Then they call and violate the law (once again, never mind how, that’s another blog entry.). JDB has violated the Fair Debt Collection Practices Act (FDCPA) because they are debt collectors as defined by the act.
In other states, like North Carolina, California, Florida, and Maryland, creditors are covered by the state laws. VIRGINIA DOES NOT HAVE A STATE COLLECTION ACT. The Virginia Consumer Protection Act DOES NOT APPLY to debt collectors.
Read more about what we can do to assist you in protecting yourself from collection harassment or abuse, false or misleading statements or unfair and deceptive acts in the main section of our website.
Contact us by e-mail or by telephone or fax or US Mail.
You can call us: 804.673.4358
You can fax us: 804.673.4350
You can contact us by US MAIL:
Krumbein Consumer Legal Services, Inc.
1650 Willow Lawn Drive
Suite 300
Richmond, VA 23230
What are the permissible purposes to access a credit report?
KCLS LIMITS THE GEOGRAPHY IN WHICH WE TAKE CASES.
YOU MUST BE A VIRGINIA RESIDENT.
If you are not a Virginia Resident, click here to find a lawyer near you.
The Fair Credit Reporting Act is designed to protect consumers from inaccurate or outdated information on credit reports.
ACCESS OF CREDIT REPORTS- PERMISSIBLE PURPOSES
All references to code sections are courtesy of the Legal Information Institute at Law.Cornell.edu.
The Fair Credit Reporting Act allows certain people to access your credit file or credit report, under certain circumstances.
The section that discusses the permissible purposes for accessing a credit file is 15 U.S.C. §1681b.
As usual, we start with the statute. Please note that we will only be reviewing the section on permissible purposes, so the rest of the section will not be reprinted or discussed.
(a) In general
Subject to subsection (c) of this section, any consumer reporting agency may furnish a consumer report under the following circumstances and no other:
(1) In response to the order of a court having jurisdiction to issue such an order, or a subpoena issued in connection with proceedings before a Federal grand jury.
(2) In accordance with the written instructions of the consumer to whom it relates.
(3) To a person which it has reason to believe—
(A) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer; or
(B) intends to use the information for employment purposes; or
(C) intends to use the information in connection with the underwriting of insurance involving the consumer; or
(D) intends to use the information in connection with a determination of the consumer’s eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant’s financial responsibility or status; or
(E) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation; or
(F) otherwise has a legitimate business need for the information—
(i) in connection with a business transaction that is initiated by the consumer; or
(ii) to review an account to determine whether the consumer continues to meet the terms of the account.
(G) executive departments and agencies in connection with the issuance of government-sponsored individually-billed travel charge cards.
(4) In response to a request by the head of a State or local child support enforcement agency (or a State or local government official authorized by the head of such an agency), if the person making the request certifies to the consumer reporting agency that—
(A) the consumer report is needed for the purpose of establishing an individual’s capacity to make child support payments or determining the appropriate level of such payments;
(B) the paternity of the consumer for the child to which the obligation relates has been established or acknowledged by the consumer in accordance with State laws under which the obligation arises (if required by those laws);
(C) the person has provided at least 10 days’ prior notice to the consumer whose report is requested, by certified or registered mail to the last known address of the consumer, that the report will be requested; and
(D) the consumer report will be kept confidential, will be used solely for a purpose described in subparagraph (A), and will not be used in connection with any other civil, administrative, or criminal proceeding, or for any other purpose.
(5) To an agency administering a State plan under section 654 of title 42for use to set an initial or modified child support award.
(6) To the Federal Deposit Insurance Corporation or the National Credit Union Administration as part of its preparation for its appointment or as part of its exercise of powers, as conservator, receiver, or liquidating agent for an insured depository institution or insured credit union under the Federal Deposit Insurance Act [12 U.S.C. 1811 et seq.] or the Federal Credit Union Act [12 U.S.C. 1751 et seq.], or other applicable Federal or State law, or in connection with the resolution or liquidation of a failed or failing insured depository institution or insured credit union, as applicable.
So there are several reasons why an entity can get your credit file. Obviously, if you give them permission, or a judge gives permission, it is permissible. That requires little explanation.
But section 3 requires a bit more explanation.
They can access your report if you are applying for credit, or someone is collecting, for a background check for employment, or insurance underwriting, or for investment purposes. They can look if they have a legitimate business need, for a credit transaction or a review of a credit transaction.
The rest of the section is about child support agencies.
But the key factor is that for most purposes, they can only look if there is an underlying credit transaction.
But the key factor is CREDIT TRANSACTION. In a recent case, the 9th circuit court of appeals (the 9th circuit covers Alaska, Hawaii, California, Washington, Oregon, Arizona, Nevada, Montana and Idaho) held that a parking ticket, or traffic ticket was not a credit transaction, so a collector who was using the credit report to collect could not get access. Pintos v. Pacific Creditors Ass’n, 565 F.3d 1106 (9th Cir., 2009). “Because the current case involves neither a transaction for which Pintos sought credit nor the collection of a judgment debt, we conclude that § 1681b(a)(3)(A) did not authorize PCA to obtain the credit report on Pintos.” Pintos at 1110.
These are the reasons that the law allows. These are ALL of the reasons the law allows.
Now it gets interesting to look at the question of can a creditor or collector look at a credit report if the underlying debt is paid, or discharged.
There is a court of appeals decision that says that a former creditor who was owed money, but is now paid, does have a permissible purpose. Wilting v. Progressive County Mut. Ins. Co., 227 F.3d 474, 476 (5th Cir., 2000). There is another court of appeals case that says that a closed account no longer has a permissible purpose. Levine v. World Financial Network Nat. Bank, 437 F.3d 1118 (11th Cir., 2006). It is possible to distinguish a paid, closed account from an account that is paid, but with a status that is just inactive. As a result, impermissible access must be monitored.
A creditor who has been discharged is a horse of a different color. If they are accessing the report for the purposes of collection, they are knowingly collecting on a discharged debt. If they are accessing the report for a purpose other than collection, they need to show a new application, or they do not have a permissible purpose. So, they are either collecting on a discharged debt, or they do not have a permissible purpose. Collecting on a discharged debt is prohibited by the Bankruptcy code. Not having a permissible purpose is prohibited by the Fair Credit Reporting Act. In chess, this is called a fork. They are losing one or the other.
If someone has been looking at your credit, and does not have a permissible purpose, you may have a right to sue them. Contact us, for a free consultation, and lets discuss who is looking, and why.
If you have been damaged by any of these actions, you could be entitled to recover actual damages, attorney fees and costs, and in the right circumstances, punitive damages are available. Getting to punitive damages is very hard, so we usually tell clients that punitive damages are likely to be limited, if available, in their case.
If you have been impacted by anything we mentioned here, you can make an appointment to see us.
NO FEE IN YOUR FCRA CASE UNLESS WE RECOVER!!
OUR LEGAL FEES:
The rights afforded to you, as a consumer, under the FCRA and the FDCPA means that a corporation or party who has violated your rights may ultimately be made to pay for statutory damages, actual damages, and your legal fees. Therefore, if we agree to represent you in any case, you won’t pay any attorney’s fees unless we are successful and we recover on your behalf. We are here to serve and have assisted many consumers TO enforce their legal rights. Let us try and see if we can help you too. That means you pay no fee in your case unless we recover.
Contact us by e-mail or by telephone or fax or US Mail.
You can call us: 804.673.4358
You can fax us: 804.673.4350
You can contact us by US MAIL:
Krumbein Consumer Legal Services, Inc.
1650 Willow Lawn Drive
Suite 300
Richmond, VA 23230