Protecting consumer rights has become increasingly more important in today's economy. Credit card and finance companies charge ever escalating percentage rates and impose outrageous fees when consumers are late on just one payment. In addition, recent economic downturns have made it more and more difficult for many of us to make ends meet. Everyone wants to pay their bills on time, and when they can't, it can be an embarrassing and demoralizing experience. That's why the Consumer Law attorneys at the Weinstein Law Firm work diligently to stop creditor harassment and protect the rights of our clients.
Consumer Law consists of a complex body of state and federal laws aimed at protecting consumers from predatory creditors, fraudulent or deceptive salespersons, and unscrupulous lenders with the power to repossess or foreclose on your personal property. The Consumer Law attorneys at the Weinstein Law Firm consider it their mission to aggressively prosecute cases involving abusive, fraudulent, and predatory consumer practices. If you believe you have been the victim of consumer fraud or have been treated unfairly by a creditor, give our experienced Consumer Law attorneys a call at 1-800-LONGHORN. You have rights. We can help protect them.
CREDIT CARD LAWSUIT DEFENSE
Credit card companies have implemented aggressive marketing tactics and applied many hidden fees, leaving many Americans with massive credit card debt exacerbated by outrageous interest rates. These companies often tack on a host of hidden fees and charges and unconscionably increase interest rates to cardholders who have made a single late payment or whose credit scores have changed, thereby entrapping consumers in an unending cycle of debt. These abusive companies prey upon many of us making it extremely difficult to withstand the incredible financial burden imposed by these predatory credit practices.
Credit card companies often attempt to intimidate consumers by filing lawsuits with claims that cannot be adequately documented or substantiated. Unfortunately, most consumers, feeling they can't fight the credit card company because they indeed owe the debt, do not go to court, resulting in a default judgment against them. However, an experienced credit card defense attorney can help by forcing the company to produce a copy of the original contract or agreement through a process called discovery. With most credit card agreements, the original contract is archived in electronic databases, making it difficult for a collection attorney to secure a copy of the original agreement in a timely manner, if at all. A knowledgeable attorney can take advantage of these and other common mistakes made by collection attorneys and prepare a thorough defense to the charges against you, potentially saving you from paying the debt or helping to substantially reduce the amount of the debt.
Failing to respond when a lawsuit is filed against you is the worst thing you can do. Creditors file these lawsuits every day in the hopes that consumers like you will do nothing, thereby forcing the court to enter a default judgment in their favor. A default judgment may keep you from buying or selling your home, injure your credit and potentially harm your ability to earn wages. If you are being sued by a collection attorney, contact an experienced Consumer Law attorney today at 1-800-LONGHORN to discuss your legal options.
DEBT COLLECTOR HARRASSMENT
Have you received harassing phone calls at home or work from debt collectors because you've been unable to pay your bills? If you have, you are not alone. In these uncertain economic times, it is not difficult to fall behind in your bills. If this has happened to you, you should know that state and federal laws exist to protect you from harassment by a debt collection agency or creditor. Creditors who harass and intimidate already demoralized consumers need to be stopped.
The Federal Debt Collection Act protects us from third-party debt collectors, which are agencies that collect debts for creditors. Third-party collectors are highly regulated under Federal Law. For instance, the Federal Debt Collection Act allows you to stop a third-party creditor from calling your home or work by simply sending a letter indicating that you do not wish to be contacted by the company. If you later receive phone calls from the creditor, you may file a complaint against them. In addition, creditors are generally prohibited from garnishing your wages in Texas. Thus, if a debt collector has threatened to garnish your wages, they may have violated the law. Also, calling you regarding someone else’s debt may be a violation. The experienced Consumer Law attorneys at the Weinstein Law Firm can review your case and determine whether or not a creditor has violated the Federal Debt Collection Act.
In Texas, the Debt Collection Act prohibits unfair, abusive, and deceptive practices by any party attempting to collect a debt, not just third-party creditors. Unlike the Federal Act, the Texas Debt Collection Act applies to first-party creditors as well. This Act limits the types of personal property that may be seized by first-party creditors in Texas. Under the Texas statute, debt collectors may not seize your home, which is exempt from creditor liens. For more information about your rights under the Fair Debt Collection Practices Act, contact the experienced Consumer Law attorneys today at
1-800-LONGHORN.
DEBT COLLECTOR LAWSUITS
If you have fallen behind in your bills and are being harassed by creditors, you may be able to file suit against the debt collector under the federal Fair Debt Collection Practices Act or the Texas Fair Debt Collection Act. These laws give consumers the right to sue creditors who have engaged in unfair, deceptive, or abusive collection practices. If a collector has failed to verify or validate a debt upon request, sued or threatened to sue in order to collect a debt that is barred by a statute of limitations, or engaged in other unfair debt collection practices, you may be able to bring a suit for damages in state or federal court within one year from the date of the violation. If you win, you may recover the dollar value of any losses you sustained as a result of the violation, plus win court costs and attorney fees. Contact a lawyer with experience prosecuting debt collector lawsuits. Call us today at 1-800-LONGHORN to discuss the details of your case.
BANK OVERDRAFT FEES
Have you been charged overdraft fees? Did you know that these fees could be illegal and entitle you to money back?
Banks identify it as overdraft protection, and the fees it generates are becoming an increasingly important source of income for the banking industry. This year alone, banks are projected to earn $27 billion by covering overdrafts on checking accounts, typically on debit card purchases or checks that exceed a customer's balance.
Nationwide class action complaints have been filed in federal court, pointing out how banks employ unfair and illegal business practices to greatly increase the chances that customers using debit, ATM, or check cards will overdraw their accounts and be assessed overdraft fees.
If you have been charged overdraft fees, contact us by submitting your information and let us help you pursue your potential claim. We believe these overdraft charges may violate some state laws, and state banks operating in such states may be subject to a claim for violations of these laws. Call us to discuss your potential case.
