What you need to know about Fair Debt Collection

You have rights when a debt collector is pursuing you. The Fair Debt Collection Practices Act was created to promote fair debt collection procedures and to protect consumers against debt collection abuses. Learn more.

What to do with errors on Your Credit Report

You have the right to have your credit report accurately reflect your credit history.  If your credit report contains inaccuracies that are causing you harm in obtaining credit, employment or insurance, the Fair Credit Reporting Act provides relief for consumers.


Error on your Employment Background Report?

If you've had an inaccuracy on your employment background report, you are protected by the Fair Credit Reporting Act. Find out more about false employment reports and know your rights.

Are you the victim of Consumer Fraud

Have you been duped into purchasing a vehicle based upon misrepresentations from the dealer as to the history of the vehicle?  Dealerships will hide previous accident history or other undesirable history of a vehicle to make a sale.  You have rights against those who commit consumer fraud.

Have You Bought a Lemon

If your new vehicle has been subject to multiple repairs for a defect, you may have purchased a lemon.  If you did, you have rights.  Learn more about your protection under the lemon laws.


Who has access to your Credit Report

Many Americans consider their credit information to be private information, and it should be. But who has access to your report and who protects your privacy? Read our latest blog post to find out.

Protecting Consumer Rights - Presented By SmithMarco, P.C.

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.

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You have rights as a consumer!

Even though you may be behind in your bills, it does not give a bill collector the right to harass or abuse you for payment.  As a debtor, you have rights.  Find out what a debt collector can and cannot do, or what they must tell you when trying to collect a debt.  If your consumer rights have been violated, we can help.

Are you a victim?

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The law is on your side.

There are laws written to protect consumers from unscrupulous debt collection practices.  Overreaching and abusive practices are not allowed.  In addition, there are consumer laws that provide for assistance in dealing with the burden of paying an attorney to help you with this problem. Let us see if we can help you with abusive collection practices.

Free Case Review?

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You may be entitled to compensation.

Under the Fair Debt Collection Practices Act, you may be entitled to compensation as the law provides for a recovery of up to $1,000.  The law also provides for the recovery of attorneys fees and court costs.  We offer a free case review to determine if your FDCPA consumer rights were violated.  Contact us to discuss your situation.

Find an Attorney

Recent Protecting Consumer Rights Blog Posts

Impermissible Access to Your Credit Reports

November 25, 2015

The Fair Credit Reporting Act (“FCRA”), is the federal statute that was created to ensure accuracy and privacy of consumer information.  Its purpose is to protect consumers from distribution of inaccurate information contained in reports as well as the privacy of their information.  To this end, the FCRA sets guidelines on who can access a report and when the access is permissible.   So when can anybody gan access to your credit report?...More >

Rebuild Your Credit Before the Year Ends

November 20, 2015

As we get closer to holiday time – and holiday shopping, it’s a good idea to check your credit report before subjecting yourself to the multitude of credit applications we may be going through while trying to take advantage of the best holiday deals.  Take the time to review your accounts and make sure your credit report is accurate.  If your report is less than perfect, make sure the negative accounts are correctly reported and in fact belong to you.  If your credit report shows collection accounts, following these five steps will help improve your credit and raise your score by 2016.More >

One Consumer - Three Different Credit Reports

November 09, 2015

As the year is coming to a close, now is a better time than ever to order a copy of your credit report, especially consumers who have not taken advantage of their free copy from annualcreditreport.com.  After receiving a copy of your report from all three credit reporting agencies, Equifax, Experian and Trans Union, and checking your report for errors, you may notice several inconsistencies among the three agencies for the same accounts.  How is it possible…one consumer, same account, but different information?  More >

Its Time to Review Your Credit Report

November 04, 2015

Recent studies show that almost half of American consumers don’t check their credit report on a regularly basis, almost one third have never seen a copy of their report and over half don’t know what their credit score is.  This number is frighteningly high considering the fact that your credit is essential to your financial well-being.  With identity theft and other credit scams on the rise, reviewing your credit report is more important than ever to protect your finances and your future.    More >

Employment Background Check Lawsuits on the Rise

October 19, 2015

It is becoming more and more common practice for employers to conduct background checks of their current and potential employees.  Background checks are helpful to employers who are looking for more information regarding a potential job applicant and a useful tool to monitor existing employees.  While employers are entitled to perform background checks, they must follow protocol under the Fair Credit Reporting Act (“FCRA”).More >

What is the Statute of Limitations for My Debt?

October 14, 2015

What are the statute of limitations in my state?  That is a question we hear every day from consumers who are facing a lawsuit or garnishment.  But its usually the wrong question.  Most consumers have the misconception that a statute of limitations is a limit of time that a collector or creditor can pursue collecting a debt.  That is entirely untrue.  So what is the "statute of limitations" and when should we be asking that question? More >

Can a Bank be a Debt Collector Under the FDCPA?

October 05, 2015

The Fair Debt Collection Practices Act (“FDCPA”) is the federal statute that was enacted to protect consumers from abusive collection tactics of debt collectors.  Under the statute, only a debt collector can be liable for conduct that is in violation of the FDCPA.  If a creditor is contacting you to collect a debt that you owe, the safety belt of the FDCPA will not protect you.  However, The Federal Trade Commission (“FTC”), the agency of the US government responsible for promoting consumer protection, wants to change creditor liability.  In a recent opinion, the FTC responded to an 11th Circuit holding that a bank may be not considered a debt collector for purposes of the statute. More >

CFPB Orders Collectors to Pay Millions Back to Consumers

September 28, 2015

Earlier this month the Consumer Financial Protection Bureau (“CFPB”), the agency in charge of regulating consumer protection in the finical sector, ordered two of the largest collection agencies in the country to pay a combined penalty of $79 million for violating debtors’ rights under the Fair Debt Collection Practices Act (“FDCPA”).  The two collection agencies Encore Capital Group (“Encore”) and Portfolio Recovery Associates, (“Portfolio”) must pay both refunds and penalties to its debtors and cease collection efforts on debts totaling $128 million.More >

Increasing Your Credit Score with a Credit Card

September 15, 2015

Building your credit score may seem like an impossible feat.  In a world where consumers live and survive on credit, when you have none or have negative credit, buying necessities can be difficult.  Using a credit card is a sure fire way to improve or damage your score, depending on how you manage it.  While improving your credit score with a credit card may take a decent amount of time and effort, following these steps will ensure your success.  More >