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.
Auto Dealers
Buying a new or used car can be an overwhelming and unnerving experience. When you spend tens of thousands of dollars on an automobile, you don't want to be duped by unscrupulous salespersons into throwing your money away on a defective product. You should know that state and federal laws have been enacted to protect consumers who unwittingly purchase defective products from auto dealers.
Texas Lemon Laws govern new vehicle purchases. Under the current laws, consumers can appeal to the Texas Motor Vehicle Commission for assistance if reasonable attempts to correct the defect by the consumer are unsuccessful. What constitutes a reasonable attempt varies from case to case, but generally if you have made four unsuccessful attempts at correcting the defect within the first 12 months or 12,000 miles of ownership it is considered a reasonable attempt. If the defect creates a serious safety hazard, however, two attempts within the same time frame to fix the defect is considered reasonable under the law. The Texas Motor Vehicle Commission may order the manufacturer to replace the vehicle or issue the consumer a refund if written appeals to the manufacturer have been unsuccessful.
Although state lemon laws do not cover the purchase of used vehicles, the Deceptive Trade Practices – Consumer Protection Act does. Under the Act, dealers are prevented from falsely advertising that they are going out of business to induce consumers to make a purchase, making false or misleading statements about why a vehicle is selling at a reduced price, or failing to disclose a material fact that would have made the consumer unwilling to purchase the vehicle. If you feel that you have been the victim of a deceptive practice by an auto dealer, contact the Consumer Law attorneys at the Weinstein Law Firm for a free initial consultation.
Auto Financing Fraud
An automobile is a major purchase to most consumers, but it is extremely difficult to know if you're being ripped off by the automobile dealers and the automobile financing companies. Most people buying cars worry about negotiating the purchase price of the automobile, but are unaware that the percentage rate on finance charges quoted by the dealership may be negotiable, as well. Unfortunately, many lenders allow car dealers to subjectively increase the interest rate on auto loans above the rate determined by the actual creditworthiness of borrowers. The markup is then shared between the dealers and the finance companies, in the form of a “kickback”. This is why auto dealers tack on unnecessary fees and finance charges, which may end up costing you thousands of dollars more than what you should pay for your vehicle. If you believe you may have been deceived in any way in connection with the purchase, finance, or lease of your automobile, please feel free to contact us at 1-800-LONGHORN for a free case evaluation. This area of consumer law is extremely complex, and it is a good idea to consult with an experienced Consumer Law attorney to become informed about your rights.
If you have purchased an automobile within the last four years, you may have a valid claim against the dealership for deceptive practices. At the Weinstein Law Firm, we will review your auto purchase paperwork for free to determine whether you are entitled to a refund for excessive interest fees and superfluous finance charges. Call 1-800-LONGHORN today to schedule your free case review or fill out our simple case submission form on this web site.
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 Harassment
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 in Athens, Dallas, Tyler, and throughout Texas. Call us today at 1-800-LONGHORN to discuss the details of your case.
