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. 

The FDCPA and the Least Sophisticated Consumer Standard

Consumer debtors can thank the Second Circuit for its ruling in Avila, et al. v. Riexinger & Associates, LLC, when the least sophisticated consumer standard got a little less sophisticated earlier this year.  In this Fair Debt Collection Practices Act (“FDCPA”) case the court held that a debt collector cannot presume that a consumer understands the most elementary rules of debt collection.Read More...

Top 5 Mistakes Made When Dealing With a Debt Collector

When dealing with a debt collector you need to be one step ahead of the collector at all times.  As one owing a debt the biggest mistake you can make is not knowing your rights and the law.  Awareness is key to not getting taken advantage of.  The following is a list of the top five mistakes you can make when involved with a debt collector. Read More...

Questions Every Consumer Should Ask a Debt Collector

When you receive that dreaded phone call from a debt collection agency, nerves can make anyone clam up and forget to ask necessary questions.  Collection scams are more common than ever and the only way to protect yourself from making unnecessary payments is to be informed and aware.  You can avoid getting lured into making a payment that you really don’t owe by knowing what to ask a collector before handing over your hard-earned money.Read More...

Preparing for Changes from CFPB

The CFBP announced new expectations for collections agencies to reduce and prevent conduct that may be harmful to consumers.    Read More...