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 statute of limitations is a law that provides the period of time in which one can sue another for a loss. In the world of debt collection, the kind of case that is typically brought by creditor against collector is a breach of contract case. Thus, the important issue for the consumer is what the statute of limitations is for a breach of contract in their state. More >
Payday loan giant, Advance America, that it recently has become a target of scam debt collectors. This scam is being carried out by individuals posing as representatives of the company looking to collect “unpaid” debts from unsuspecting consumers and offering fictitious pre-approved loans for a small fee.More >
Reporting a bankruptcy on your credit report is a rather gray area for consumers, especially when a debt is sold to a debt buyer just before the bankruptcy filing. While bankruptcy reporting and credit reports has been a fairly clear issue under the Fair Credit Reporting Act (“FCRA”) since the inception of the Act, debt buying and bankruptcy has been reviewed far less. More >
Under the Fair Debt Collection Practices Act (“FDCPA”), a collection agency is prohibited from misrepresenting itself to a debtor when collecting a debt. Specifically, a collector is forbidden from misrepresenting itself as a member of law enforcement, a government official or a lawyer. While the law seems fairly straight forward, a recent case against Corrective Solutions filed in the United States District Court of California, raises the question of what exactly qualifies as a misrepresentation under the FDCPA. More >
This October, the Consumer Financial Protection Bureau (“CFPB”) released is Fall Highlights Report. In its report, the CFPB describes areas in which its new rules have been successful and areas in which it needs improvement, as violations of the Fair Debt Collection Practices Act (“FDCPA”) are still a regular occurrence. More >
On September 29, 2014 we filed a lawsuit against the Law Offices of Michael Stillman, who does business as Stillman Law Office, on behalf of a consumer. Instead of fighting, Stillman wisely conceded and allowed a judgment to be entered against it based upon the allegations in the complaint. Another victory for consumers.More >
In a Florida Court, a married couple were recently awarded $1 million for violations of the Telephone Consumer Protection Act (“TCPA”) after Bank of America continued to contact the consumers over a four year period for failure to make payment on their mortgage loan. In the order, the Judge stated the repeated calls were a violation of the TCPA and ordered the bank to pay the couple $1,500 for every prerecorded message they received between 2009 and 2013.More >
Whole Foods Market Group, Inc. (“Whole Foods”), the giant grocery retailer, is just one of the latest companies to be sued for allegedly violating the Fair Credit Reporting Act (“FCRA”) during employment background checks. Earlier this year, in a California District Court, Whole Foods was sued for allegedly using invalid authorization forms during employment background checks and for conducting background checks during their online application process without first obtaining applicant approval.More >
In a class action case against Dollar General Stores, a federal court in Virginia is being asked to approve a settlement reached between the parties for $4 million. In the case against this retail giant, the store was accused of conducting employment background checks without Fair Credit Reporting Act (“FCRA”) compliance.More >