Protecting Consumer Rights - Presented By SmithMarco, P.C.
SmithMarco, P.C. is a private law firm dedicated to representing consumers and protecting their rights. Managing partners Larry Smith and David Marco have been practicing consumer protection for over 35 years combined, and have successfully defended consumers in thousands of cases. They are experienced debt collection practices act attorneys and credit report and background dispute lawyers who can ensure that your rights are protected, debt collector harassment stops, and that credit and background report errors are corrected depending on your needs.
If you feel your rights have been violated in regards to debt collection, credit report errors, background check errors, consumer fraud, or lemon laws, please do not hesitate to contact us for a free case review or give us a call at 888-822-1777.
Recent Protecting Consumer Rights Blog Posts
A common question presented to a bankruptcy lawyer is: “if I file for bankruptcy protection, can my landlord evict me?” And, the answer is: it depends. It depends on many factors, such as whether you file for chapter 7 or chapter 13, whether you are misusing the premises, whether you are past due (and by how much) on your rent and other obligations under your lease, whether you can afford to stay, whether your landlord has already started the eviction process (and how far along the eviction is) and whether or not you want to stay. However, the fact that you have filed for bankruptcy relief alone does not give your landlord the right to terminate your lease, regardless of anything to the contrary contained in the lease agreement.More >
In July of 2014, the Consumer Financial Protection Bureau (“CFPB”), the agency in charge of consumer protection in the financial marketplace, after receiving numerous complaints, filed suit against the collection firm, Frederick J. Hanna & Associates. The law firm, which operates its business predominately in Florida, Georgia and South Carolina was sued by the CFPB due to its abusive practices while using the courts to collect debts. In its complaint, the CFPB argues that the attorneys representing the firm failed to follow the letter of the Fair Debt Collection Practices Act (“FDCPA”) in pursuing debts and its conduct was a direct violation of the statute.More >
If you bank with JP Morgan Chase, there is a good chance you could be receiving a payout. Just this past week, the mega bank settled a Fair Debt Collection Practices Act (“FDCPA”) violation for $136 million payable to consumers residing in 47 states across the country with a majority of the consumers residing in Florida. The large payment is a consequence of the Bank’s conduct for its violations of collection laws and the illegal sale of credit card debt. More >
While it may be hard to believe, most insured consumers are carrying large amounts of medical debt. Consumers must be aware that just because they have insurance, does not mean that all of their medical expenses are going to be covered. Besides the co-payment requirements, often times medical providers make errors in applying for your insurance benefits, and the claim gets rejected, leaving the collector to pursue the consumer directly for the bill. More >
In a recent report, the Consumer Financial Protection Bureau (“CFPB”) announced it is cracking down on the medical debt collection industry after receiving numerous consumer complaints regarding the handling of credit report disputes and consumer rights. More >
Errors on a credit report seem to be fairly common to the average consumer; inaccurately reported payment histories, accounts that don’t belong to you, inaccurate personal information, etc. But what happens when the credit reporting agencies report you as deceased essentially eliminating your entire credit history, when you are still very much alive? It is not entirely uncommon for a credit reporting agency to make this mistake and for a consumer to apply for credit and be turned down because they are “deceased”. More >
The Telephone Consumer Protection Act (“TCPA”) is the law that was enacted to protect consumers from the ever growing trend of receiving robo calls, prerecorded messages and texts messages made by telemarketers and debt collectors. PayPal, the giant company that provides a service enabling consumers to pay, send money, and accept payments without revealing their financial details, is protecting itself from violating the TCPA. Earlier this month Pay Pal introduced a new agreement for consumers to sign allowing the company to contact them by using robo calls and sending text messages to its users. More >
When it comes to the subject of your credit report, there is a great amount of controversy making it difficult for consumers to decide who and what to believe. While almost everyone has their own opinion on how to interpret a credit report, below is a list of truths that will help improve your report and can even raise your score. More >
The Fair Debt Collection Practices Act (“FDCPA”) is the federal statute that was enacted to protect consumers from abusive collection tactics during the collection process. Despite the existence of the law, collectors regularly violate the statute in an effort to collect debts. The average debtor is not aware of the law, a collectors’ obligation to follow the law or even the fact that debtors have rights which would allow them to sue the collector for damages.More >