Thursday 23 July 2015

Hire Consumer Attorney to Handle Identity Theft Issue

Identity theft is one of the biggest problems that anyone can face in today’s era of massive information sharing. The burden of dealing with theft of identity and the willingness to fight back lies with the consumer who is usually the victim.  In most cases of identity theft, the victim can certainly start by taking matters into their own hands.  However, there are many instances that might require the help of a consumer attorney.

Identity theft does not just mean that someone has tried to hack into your existing accounts.Usually, many people are not even aware that they are victims of identity theft until they step out of the normal routine – for instance when trying to buy a house or refinance their home.   There are certain life goals that may prompt a consumer to pull their credit reports only to find out that there are several accounts open in their name.  In worse scenarios, a consumer may come to find out that there is a judgment taken against them, or that a bank account has been frozen because of an old judgment on an account the consumer never knew about.   In fact, identity theft often leads to a wide array of problems that are related to debt collection as well as credit reporting.

Those who have stolen your identity may have opened up credit card accounts in your first name as well as create enormous charges, thereby ruining your good credit rating.  The consequence is that it becomes extremely difficult, if not impossible to make any sort of future purchase that might require financing. Insurance agencies also make use of low credit scores in order to justify high rates and you may be denied employment or even fired from job due to incorrect information in your credit history.  Occasionally, consumers discover they are the victims of identity theft when they start to suffer harassment of abusive debt collectors.

What are probable indications of theft of identity?

 If you are a victim of identity theft, there is possibility that you will incur huge credit card debt or suffer other kinds of debt and credit issues. In order to remain alert, it is important that you be aware of possible signs that may indicate theft of your identity. For example, if unidentified credit accounts have been included on your credit report, or if you get mail or any sort of offers from per-approved credit at any other person’s name right at your workplace or even at your home, then there is possibility that you are a victim of identity theft. Other indications include the companies with whom you have not done any sort of business are highlighted on your credit report, listing of alias name or even address that you have not used at all, receiving bills, statements or any other details related to account that you never opened at any point of time and so on.

If you suspect that you are a victim of any sort of theft of identity, you have rights. Almost always, creditors and credit bureaus insist that the victims of identity theft provide a police report.  All too often, victims of identity theft find they are turned away by local police when they try to lodge their complaint.  Simply providing an affidavit, as outlined by the Federal Trade Commission, may not be enough for some creditors.   If you are the victim of identity theft and cannot seem to clear your name, you should consult a consumer attorney who can help you to learn about your rights, prepare your case and help you to fight back in the best possible way. Wish to hire one such experienced attorney? Contact Dana Karni of Karni Law Firm, P.C. She is experienced in handling lawsuits that are associated with identity theft, debt defense, auto fraud cases, lawsuits against abusive debt collectors and other consumer rights issues.

This information is provided for educational purposes only. There is no attorney-client relationship with Karni Law Firm until a contract is signed by the attorney and the client.

Monday 20 July 2015

What To Do When You Assume A Debt Collector Has Violated Fair Debt Collection Practices Act?

All the debt collectors should strictly adhere to the terms of Fair Debt Collection Practices Act (FDCPA) when they have to collect a consumer debt from the debtors.   The FDCPA is very specific about certain things that a debt collector must do, versus things that a debt collector must not do, all in the process of collecting debt.  In fact, this particular law limits the activities of debt collector such as the appropriate time to call the debtor, the type of language that is prohibited. For instance, under FDCPA, when you request that a bill collector stop calling you at your workplace, your rights have been triggered and the collection agency must comply. Here are a few essential steps that you should consider if you think that a debt collector has violated your rights.

Maintain Records

 It is advisable that you should keep a track of all of the actions taken by a debt collector, both the legal ones, as well as the illegal ones. For instance, if a debt collector is communicating with you in writing, you should consider keeping a telephone log including as much information as possible: date, time, caller ID, name of the collector, who they are collecting for, the highlights of the conversation, and whether any offer of settlement was made. If you are being dunned for a debt that you previously paid – whether in full or in part – it would be helpful for you to be able to access old records showing that those payments had been made. Very often, the most powerful evidence of a harassing debt collection call is a recording. For more valuable suggestions, and a determination of whether you have grounds to file a lawsuit,you should get in touch with an FDCPA attorney.

Submit your complaint to the appropriate State agency

Make sure that you should submit your complaint against an abusive debt collector to the appropriate local agencies.  The very same copy of your complaint can be filed with the Attorney General and the Better Business Bureau where you reside.   The Texas Attorney General and the Better Business Bureau throughout the country are each set-up in a way that they can accept consumer complaints on its official website.

Send report to Federal Trade Commission

Although Federal Trade Commission or FTC and the Consumer Financial Protection Bureau or CFPB do not necessarily resolve each and every consumer complaint, your particular report will help build their databases.  A significant number of complaints against any collection agency may lead to thorough investigation against the deceptive practices adopted by a particular debt collector, if not a major lawsuit.

Go to the court


Your next option is to sue the debt collector in the court in order to get damages you have suffered due to illegal actions adopted by the particular debt collector.  Under the federal law, the FDCPA carries a one-year statute of limitations from the date that the violation occurred.



Need help from a consumer rights debt collection attorney? Wish to get legal assistance regarding other consumer rights? Get in touch with Karni Law Firm, P.C. Ms. Karni tackles lawsuits that are related to post judgment debt defense, credit card debt defense, lawsuits against debt collection, and auto fraud issues. 

This information is provided for educational purposes only. There is no attorney-client relationship with Karni Law Firm until a contract is signed by the attorney and the client.

This information is provided for educational purposes only. There is no attorney-client relationship with Karni Law Firm until a contract is signed by the attorney and the client.
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