Consumer Rights Litigation
Schottler & Associates works in three areas of consumer rights litigation: the Fair Debt Collection Practices Act, the Fair Credit Reporting Act and Post Bankruptcy Discharge litigation.
The Fair Debt Collection Practices Act promotes the fair treatment of consumers by prohibiting debt collectors from using unfair, deceptive, or abusive practices. Schottler & Associates can protect you from creditor harassment. Under the Fair Debt Collection Practices Act, you can sue a debt collector within one year from the date of the violation. If you win, you may recover damages in the amount of any losses you suffered as a result of the violation, plus an additional amount of up to $1,000.00.
Violations under the FDCPA include harassing phone calls or letters.
For the full text of the act: www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf
The Fair Credit Reporting Act was enacted to promote accuracy, fairness, and the privacy of personal information assembled by Credit Reporting Agencies such as Experian, Equifax and Transunion. If you believe that your credit report has been used improperly or that there are other violations of the FCRA contact Schottler & associates so we can help. You can access a free copy of your credit report once a year at: www.annualcreditreport.com
For the full text of the act: http://www.ftc.gov/os/statutes/031224fcra.pdf
After you successfully complete a bankruptcy case you are issued a "discharge" under Section 524 of the Bankruptcy Code. This discharge protects you from any collection actions by creditors listed in your case. Common violations of the discharge order are:
- communication by creditors including phone calls or letters
- denying access to information based on the bankruptcy filing
If you have been discharged from bankruptcy and believe one of your creditors is violating the Bankruptcy discharge please contact us immediately.