Many of our clients end up on the wrong end of creditors and/or their attorneys doing something that violates the numerous consumer protection laws enacted by our legislature. From the onset of an individual becoming a client, we send out notice to every single creditor that we are representing the individual and all further communication needs to be through our office. Inevitably a client will still end up years later receiving communication from their creditors. This is a violation of the Fair Debt Collections Practices Act (FDCPA) and/or the Fair Credit Extension Uniformity Act (FCEUA). There are many situations that arise that end up being a violation of the FDCPA and/or the FCEUA. Our staff is trained to look for and identify any and all potential violations.
The Pennsylvania Rules of Professional Conduct requires that we have a written fee agreement in place before a suit against your creditor can occur. Our attorney will discuss all scenarios with clients before taking any further action. All upfront fees for filing the suit are covered by the law firm and the only fee incurred by our clients for filing a lawsuit on their behalf occurs only if a settlement or judgment occurs. All fees will be explained at the time of settlement or judgment. Typically, almost every case filed by our firm ends up with a prompt settlement that is agreed on by all involved. If you have faced an issue that caused concern to you please contact our office. All questions will be gone over in detail by the attorney. If you have a claim under the FDCPA, you are entitled to statutory damages (between $1 and $1000) plus reasonable attorneys’ fees. If you can prove actual damages as a result of a debt collector’s actions, you can receive those too. The way the FDCPA calls for attorneys’ fees really makes debt collectors settle these claims quickly to avoid racking up attorneys’ fees that they will be responsible for.
There are two other statutes that sometimes are violated. The first is the Fair Credit Reporting Act (FCRA). If you are having issues with items that you believe don’t belong on your Credit Report, we can investigate those matters for you. We will make sure all information is being accurately reported. The second is the Telephone Communications Protection Act (TCPA). If you are receiving unwanted calls either on your landline or cell phone, texts or faxes then the TCPA may have been violated. Both of these statutes call for certain and unique damages which we will properly investigate