Consumer Protection Law
Local Consumer Protection Law Office
Serving Consumers in Washington, DC and CA
Many consumers sleep on their consumer protection rights because they do not know such rights exist. What are consumer protection laws meant to do? Consumer protection law consists of a variety of laws that are meant to protect consumers from unfair, deceptive, fraudulent, misleading business practices of corporations and business entities.
What are five consumer protection laws?
Five consumer protection laws are the District of Columbia Consumer Protection and Procedures Act (broadly prohibits unfair and deceptive trade practices by businesses/corporations), the Telephone Consumer Protection Act (prevents robocalls and telemarketing), California’s Unfair Competition law and Consumers Legal Remedies Law, the Fair Debt Collection Practices Act (unfair and abusive debt collection practices), lemon laws (prohibits dealers and manufacturers from selling defective vehicles to consumers), laws regulating vehicle repossession (creditors must follow state laws when repossessing a vehicle). If your credit report is inaccurate, you purchased a lemon, or you can’t pay a debt and is being contacted by creditors and debt collectors, as explained further below, there are consumer protection laws that protect your consumer rights in financial transactions. When such laws are violated you may be entitled to damages.
What are the rights of the consumer?
In a nutshell, the consumer has the right to be free of unfair, fraudulent, misleading and deceptive practices by corporate entities.
Consumer Help – Learn more about CJE’s Consumer Protection Services below and here and here
Consumer Justice ESQ, a consumer protection law office in Washington DC, serving both DC and California consumers, has saved consumers thousands of dollars in uncollectable debt. As a consumer protection lawyer, CJE enforces consumer rights involving unfair and deceptive business practices, consumer defense, consumer debt, warranty law, lemon law, student loans, foreclosure, etc. CJE has the trial skills and resources to take on powerful opponents and achieve results for you. If you have been wronged, CJE will fight to make things right.
Fights for Consumer Protection Rights
Debt Collection Defense
Is a debt collector attempting to collect a credit card or student loan debt from you? How about a medical debt? Are they calling all the time? Leaving voicemails? Making threats? Served you with a lawsuit? Debt collectors and creditors must follow federal and state laws. CJE may be able to help as CJE has a history of bringing debt collectors, banks and other players in the debt industry to justice by fighting on behalf of consumers in both the courtroom and the boardroom to enforce your rights. With CJE you will deal directly with the attorney handling your matter.
Remember, debt collectors and their lawyers, also debt collectors, want a judgment more than anything. So watch out for traps on the courthouse steps. Though what you are being asked to sign by the debt collector lawyer looks like a harmless payment agreement, you also are likely consenting to a judgment being entered against you should you miss a payment (most consumers miss a payment or are late with a payment). Debt collectors and creditors count on you not showing up so that they can obtain a default judgment against you without a fight. However, if that plan doesn’t work out and you do show up without a consumer rights attorney, the debt collector’s attorney gets you to sign a settlement or stipulation which may also waive all your defenses against repayment of the debt. Signing an agreement to repay a debt that was drafted by a debt collector/creditor’s lawyer may not be the best idea.
Additionally, regardless of how sympathetic the judge may appear to be to your cause, the judge is prohibited from assisting as he/she must remain neutral and cannot help you litigate or defend against the debt collector’s claim. Let CJE fight the battle for you.
More about options here.
Borrowers have rights and options
that can be enforced.
Repossession Defense
What happens when your car is repoed and the creditor is now coming after you for a deficiency amount after selling the vehicle? You may not owe the amount claimed if the repossessor did not follow the law. If your vehicle was repossessed, you may have grounds to recover your vehicle or to waive any deficiency claim against you and allow you to recover money damages.
Auto repossessions happen every day in the District of Columbia, California and across the nation. People go through things and can no longer make payments because they need to rob Peter to pay Paul or something unexpected happens like a medical expense or a loss job. As a result, you may no longer be able to pay the car note and put food on the table. The car is repossessed. However, that is not the end of it. What if the creditor auctions/sells the car for less than you owe on the car loan. The creditor then comes after you for the remaining balance on the loan called a deficiency. That is where CJE comes in. CJE will explain to you your rights and hold the debt collector or creditor accountable if they violated your rights throughout the repossession process. Debt collectors and creditors have to follow the rules and cannot violate your rights or you may be entitled to damages.
More about options here.
Always fighting to enforce your repossession rights in the District of Columbia and California.
Student Loan Debt
Student loan default is at an all-time high in the United States. However, the Fair Debt Collection Practices Act and local laws protect debtors from unfair, abusive, harassing and deceptive debt collection practices. For example, debt collectors cannot call you before 8am in the morning or after 9pm at night. If you have instructed a debt collector over the phone or in writing not to call you at work they cannot continue to do so. A debt collector cannot mislead you during its collection efforts nor lie to you about the statute of limitations relating to the student loan. Student loans are governed by the FDCPA and if the debt collector violates the law while attempting to collect your student loan then you may be entitled to damages.
Many of your options for relief relating to an inability to make payments depend on whether the student loan at issue is a federal student loan or a private student loan. For example, federal student loans give the Department of Education broad powers to collect the debt. For example, the government does not need a judgment to garnish your wages or levy your bank account. It can simply do so as long as they provide you notice. However, for private student loans (like other consumer debt, e.g., medical debt, credit card, etc.), the debt collector must have a judgment in order to garnish your wages or levy your bank account. You can determine whether your loan is a federal loan by checking the National Student Loan Database here which only lists federal loans and not private loans. If the loan in question is not in the database then it is likely a private loan. Two resources that are offered by the Department of Education to assist with federal student loan defaults are the Student Aid websiteand the federal student loan ombudsman. The ombudsman can be contacted here.For private loans, the best thing to do is to speak with an experienced consumer rights lawyer to determine your options. Contact CJE for a free consultation.
Never ignore a lawsuit filed by a debt collector or creditor because once the debt collector obtains a judgment (whether it is a default judgment or consent/stipulated judgment, see more here) its rights increase substantially regardless of any defenses to repayment or you not owing the amount demanded. The debt collector has now received a valid judgment despite you having defenses or not owing the debt. If ever served with a lawsuit or threatened with a lawsuit regarding your student loan or any debt, call a consumer rights attorney to assert your defenses in court.
Foreclosure Defense
Is a bank or credit union attempting to foreclose on your home? The purchase of a home is the largest expense most consumers face in their lifetime. Therefore, it goes without saying that the prospect of losing ones home can be an agonizing and stressful weight to bear. On top of that, the homeowner can be liable for a deficiency amount if the house is not worth the amount the lender sold it for in foreclosure. However, in both Washington, DC and California there are options available to homeowners when they act quickly.
In the District of Columbia a lender can foreclose two different ways: Judicially, by filing a lawsuit against the homeowner in court, and non-judicially (self-help or non-court version), by sending a Notice of Default to the homeowner and going through the mediation process through the Department of Insurance, Securities and Banking (“DISB”) before issuing the Notice of Foreclosure. The path taken is solely up to the lender. The homeowner finds out which option taken by the lender when receiving the documents applicable to the option via a process server or in the mail. Once the necessary steps in either option are completed, the sale of the property can happen quickly.
Homeowners do have options to either avoid the foreclosure all together through mediation or a loan modification. Homeowners can also enter into a repayment plan or arrange a short sale or deed in lieu of foreclosure. The homeowner can also fight back against the foreclosure through DISB or in court. When facing foreclosure a skilled consumer rights attorney is a good idea if only to determine what are your best options.
Contact CJE to determine your options.
Fighting to keep Washington DC and California consumers in their homes.
Credit Report Errors
The Fair Credit Reporting Act (“FCRA”) regulates consumer reporting agencies and creditors. The FCRA protects you against the false or inaccurate reporting of your credit information and/or invasion of your privacy by impermissibly pulling your credit report. The three large consumer reporting agencies are Experian, Transunion and Equifax. However, there are hundreds of smaller agencies that are also subject to the FCRA including background investigatory agencies. Consumer reporting agencies compiles credit information that is sent to employers, landlords, banks, etc. to enable such entities to make decisions about your credit worthiness, employability, etc. Such information could be critical to any decision to hire you or extend you credit. This is why the FCRA provides strong protections to insure that both consumer reporting agencies and creditors are following the law. During the Covid-19 public emergency Equifax, Experian and Transunion are offering free weekly online reports to consumers until April 2021. However, Federal law allows consumers to obtain a free credit report from each of credit reporting agencies each year to ensure that your credit information is up-to-date and accurate. You can request your free annualreport here. The FTC explains how to dispute reporting errors here and provides a sample letter to dispute credit report errors here. The FTC also provides a summary of your rights here.
Some violations by CRAs and creditors include:
- CRAs, creditors, lenders and debt collectors providing inaccurate information that is reflected on your credit report or background investigation
- Misreporting information from another person’s file on your report or mixing two credit files as one
- Failure to correct or investigate inaccurate credit information or follow dispute procedures
- Unauthorized access to the consumer’s credit report
- Unauthorized release of credit report
- Failure to reinvestigate the accuracy of information furnished
- Reporting inaccurate information after learning of identity theft
- You may obtain your report annually for free through annualcreditreport.com
After writing to the credit reporting agency or the creditor and requesting that the information be corrected and have not received a correction, contact CJE to determine your options. You may be entitled to damages. Speak with a Washington, DC consumer rights attorney to determine your options.
Enforcing Fair Credit Laws to make sure Washington, DC and California consumers’ credit reports are accurate.
Lemon Law
Have you taken your new car to been fixed multiple times since you purchased? Has your new car been out of service for long periods of time? You may have been sold a lemon. You may also be entitled to a lemon law buyback. Did the dealer salesperson make promises to you about the condition of the vehicle? CJE may be able to help. CJE has enforced consumer protection laws against both banks and dealerships on behalf of consumers. Dealerships must follow the law and cannot trick you into buying a vehicle that is not as they claim during the buying process. You may be entitled to a refund, a cash settlement or a new car.
Under District of Columbia or California lemon laws you may be entitled to relief if you act quickly. You may also be entitled to relief under federal law because dealers and merchants cannot misuse express warranties and disclaimers. CJE can help assert your rights.
Don’t be stuck with a lemon..find out your options
Leveling the Playing Field
Other Practice Areas
Foreclosure Mediation/Modification
A consumer rights attorney can be helpful in mediation or negotiation of a modification with an unwilling lender.
Telemarketing Abuse
There is nothing worse than receiving repeated unwanted robocalls or faxes from a telemarketer. Companies could be liable for $500 per call.
Warranty Fraud
Dealerships cannot make false claims about a vehicle in order to sell it. If false claims are made the dealer may be liable for breach or warranty fraud.
