Know Your Rights

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Welcome to the Protecting Consumer Rights Blog...

You have rights when a debt collector is pursuing you. SmithMarco, P.C., has over 30 years of combined experience practicing law protecting the rights of consumers around the country.

Contact us for a free case review to determine if your Fair Debt Collection Practices Act rights were violated. 

A Guide to the Fair Credit Reporting Act

The Fair Credit Reporting Act, more commonly referred to as the FCRA, is the federal statute that was enacted to protect consumer rights in the credit reporting industry.  This law is a consumer minded statute that ensures accuracy and fairness in reporting and dissemination of your financial information.  The FCRA specifically outlines consumer rights but also sets guidelines for creditors, lenders and consumer reporting agencies. Read More...

Can Employers Make You Waive Rights When Doing a Background Check?

When going for an interview most employers want to conduct a background check.  Employers want to delve into you personal and financial history to ensure that if you ace your interview there is nothing lurking in your credit that may raise a red flag.  In order to conduct a background check, employers must receive your express consent and according to a recent decision in the Ninth Circuit court of appeals there is no way around it.Read More...

The Fair Credit in Employment Amendment Act

Recently, Washington D.C. joined the ranks among other states to pass the Fair Credit in Employment Amendment Act (“FCEAA”).  The consumer minded act limits an employer’s inquiries into a job applicant’s credit report for use in making hiring decisions.  The basis for this amendment was a belief that credit history cannot be linked to job performance and is not a reliable measure of an employee’s performance. Read More...

5 Myths About Employment Background Checks

Looking for a job today can be stressful with all of the competition for employment... The thought of a potential employer reviewing your credit report can add to your stress level.  Under the Fair Credit Reporting Act (“FCRA”), the federal statute enacted to protect consumers from unfair credit reporting, employers are permitted to review an employee’s or job applicant’s credit report with specific limitations set forth under the law.  While an employer is allowed to take a look into your financial history, it is not allowed to violate the law.  Over the years several myths have been created about what an employer can and cannot do.Read More...