Credit Disputes

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Consumer Rights Attorney San Antonio

Texas consumer Protection Cases

Texas consumer protection encompasses many different types of cases, including:

  • Unfair Debt Collection
  • Credit Reporting Errors
  • Predatory Lending & Loan Fraud
  • Unfair Foreclosure Practices
  • Identity Theft

Because there are so many different facets of consumer protection, our San Antonio consumer protection attorneys have compiled some helpful information on many of the different types of consumer protection. If after reviewing this information you still have questions, call us for a FREE no obligation consultation with one of our consumer protection attorneys – we can be reached at (210) 593-8709.

Predatory Lending & Loan Fraud

The Truth in Lending Act (TILA) was enacted to protect and inform consumers about key terms and costs of certain loan transactions, especially loans involving a consumer’s home as collateral or a variable interest loan. The TILA provides consumers with a right to cancel certain transactions involving a lien on their primary dwelling, certain credit card practices, and a timetable for billing dispute resolution.

Unfair Debt Collection Practices

The Fair Debt Collection Practices Act (FDCPA) regulates the activities of collection agencies. It specifies the times that debt collectors may call, what they may and may not say or do, and their overall conduct in attempting to collect a debt.

Additionally, in Texas, consumers have an added layer of protection in the form of the Texas Debt Collection Act, which is similar to the federal FDCPA, but imposes more restrictions on debt collectors, and provides consumers with additional remedies.

In general, debt collectors cannot threaten you with repossession or garnishment without a judgment, call at off-times (late at night or early morning), and cannot contact family members or co-workers other than to obtain location information if they do not have your contact information. For questions about creditor harassment or fair debt collection practices, please contact us to set up a free initial consultation.

If you have been receiving harassing calls by a debt collector, you may have a claim against the debt collection company if their conduct violates either the FDCPA or the Texas Debt Collection Act.

If you are not sure whether or not you have a claim against a harassing debt collector we can help answer your questions.

Call us for a FREE no obligation consultation with one of our San Antonio Consumer Protection attorneys – (210) 593-8709.

Debt Collection Harassment

The Fair Debt Collection Practices Act (FDCPA) requires that debt collectors treat you fairly and prohibits certain methods of debt collection. The Federal FDCPA does not cover the original creditor (for example, the credit card company to whom you owe), however under TEXAS Law, the Texas Unfair Debt Collections Act does cover original creditors. The Unfair Debt Collections Act covers anyone who regularly collects debts on behalf their clients, including collection agencies and some attorney law firms. It also covers debt buyers who have purchased your debt from the original creditor.

What a Debt Collector Cannot Do

Generally, a debt collector cannot engage in the following acts:

  • Creditor Harassment – a debt collector may not harass you. That does not mean they cannot call you and request payment, however, it does mean there are certain times of the day to call you, and they cannot repeatedly call you for the purpose of harassing you. You also have the right to stop collection calls by writing to the collection agency and informing them that you do not want to be called. This will not eliminate the debt, but it should eliminate the phone calls.
  • False Statements – a collection agency may not use false or misleading statements to collect a debt, including falsely implying that you committed a crime or may go to jail, falsely imply they are an attorney or government agency, or misrepresent the amount of your debt.
  • Threaten You – a collection agency cannot threaten you with violence or harm, or use profanity. Nor can it threaten a lawsuit against you or to seize, garnish, attach, or sell your property or wages, unless the collection agency or creditor intends to do so, and the action is legal.
  • Improper Disclosure – a collection agency cannot disclose your debt or imply you owe a debt to family members or co-workers. In fact, they are only allowed to contact family, neighbors, or coworkers to obtain location information about you. They routinely violate the law when they contact third parties. In addition, collection agencies cannot contact you once they have been informed you retained a lawyer. We are here to protect your rights. If you are improperly harassed by a collection agency, or if a collection agency has violated the Fair Debt Collection Practices Act, you may be entitled to actual damages, $1000.00, attorney’s fees, and court costs. We invite you to schedule a free confidential consultation to discuss your claim or creditor harassment issue. We have helped many consumers just like you — and we want to help you too.

If you are not sure whether or not you have a claim against a harassing debt collector we can help answer your questions.

Call us for a FREE no obligation consultation with one of our San Antonio Consumer Protection attorneys – (210) 593-8709.

Credit Repair & Credit Reporting Errors

The Fair Credit Reporting Act (FCRA) regulates the activities of credit reporting agencies and is designed to protect consumers from inaccurate credit reporting. Many consumers do not discover errors in their credit reports until they apply for a loan. In some cases, the damage may have been done or an opportunity may be lost. According to a Consumer Reports article, approximately 70% of consumer credit reports contain errors. There are certain steps that must be taken to correct these errors, including notifying the credit reporting agency (Equifax, Experian, and Trans Union) of the discrepancy and proof of the error. For questions about fair credit reporting and issues such as identity theft, please visit our Fair Credit Reporting page and our Identity Theft Credit Issues page, or contact our experienced consumer protection lawyers.

Identity Theft Cases

Identity theft is becoming a widespread problem. In fact, the FTC recently reported that more than 10 million Americans have been the victims of some form of ID Theft within the last year.

Identity theft is the illegal obtaining of personal, identifying information (name and address, Social Security and credit card numbers, etc.) for the purpose of committing fraud or other crimes.

Victims of identity theft are often forced to spend substantial time and money repairing their significantly damaged credit. Often times, victims of identity theft find out that their identities have been stolen when the person who stole their identity commits a crime, and a warrant is issued.

If your identity has been stolen, you must act quickly to minimize potential damage. Our office represents individuals who have had their identities stolen. In hiring an experienced San Antonio consumer protection attorney, clients can be assured that every possible step will be taken to restore their credit, as well as their reputation.

If you have been the victim of identity theft, we can help answer your questions.

Call us for a FREE no obligation consultation with one of our San Antonio Consumer Protection attorneys – (210) 593-8709.

Experienced Texas Consumer Protection Attorneys

We handle every component of your identity theft case. A lawyer will thoroughly review initial police incident reports. Our firm works directly with insurance companies to recover money lost to consumer fraud. In addition, our firm consults with credit bureaus such as Experian, Equifax and Transunion to clean up tarnished credit. We will evaluate the credit bureau’s response to your identity theft claims. If your claim was not thoroughly investigated by the bureau and it failed to address your problem, you may have a claim for damages against them. Contact us for more information. We achieve results through personal service and individualized attention. We understand that individuals affected by identity theft may feel vulnerable and violated. Our firm takes every measure possible to help restore a sense of normalcy to your life. For sound legal advice and experienced representation regarding your identity theft case, contact us. Our 24 hour answering service allows us to provide clients with an unparalleled level of accessibility. Call us anytime, day or night.

Automobile Fraud & Lemon Laws

Our Texas Lemon Law Attorneys Are Here to Help You.

What is a “lemon” Anyways?

A “lemon” is a car that after being purchased new is discovered by the purchaser to be defective or have a “non-conforming condition.” A lemon may also generally refer to a used car or any product that is found to be defective. Texas state lemon laws protect owners who are dealing with lemons. Our San Antonio consumer protection lawyers understand the rights of consumers under Texas lemon laws, and know how to fight to protect your rights.

Protection under Texas State Lemon Law

When an owner notifies the dealership about a non-conforming condition, the dealership must make a reasonable effort to repair the condition. If it cannot after three attempts, the law entitles the consumer to a refund or exchange. If the dealer refuses, the consumer can file a lawsuit.

While the lemon law appears to be simple and clear-cut, it is anything but simple. It is important to take every precaution to assert and protect your rights. In our years of experience we have worked with owners of lemons and advised them on how to adequately document important details, and protect their rights under Texas Lemon Laws.

If you have a lemon, you need to document specific details in writing. A common problem in Texas lemon law cases is that the consumer is too vague when communicating to the dealer, and many times fails to document important details. We advise owners of lemons on how to clearly and specifically detail the problems with their cars, and help them seek damages against dealers who refuse to abide by the law. If you have a lemon, you should contact an attorney quickly in order to preserve your rights under the law. You can start by documenting the following:

  • List in detail each problem with the vehicle, leaving nothing out, and number the list.
  • Leave the original list at home and give a copy to the dealership or authorized repair shop.
  • Do not sign the repair order before work is started, and do not sign a repair order when you pick up your car.

For more details about how to protect your rights under Texas lemon law, contact us for a free initial consultation.

Call us for a FREE no obligation consultation with one of our San Antonio Consumer Protection attorneys – (210) 593-8709.

What about Used Cars That Are Lemons?

Generally, Texas State Lemon Laws only apply to new car purchases. However, under the Uniform Commercial Code (UCC), an owner of a used car may also be able to return the lemon to the seller and get a refund or sue the dealer for damages, even if the defective car was purchased “as is.”

Our law firm can explain your consumer rights under Texas lemon law and the UCC, and effectively handle lawsuits for both new and used car defects. Whether it’s documenting repair requests, assisting with initial claims, or pursing your legal rights at trial, our consumer protection attorneys can walk you through every step of the process.

For a FREE no obligation consultation with a San Antonio consumer protection and lemon law attorney, fill out the contact form on our website, OR:

Call us at (210) 593-8709 to Get a FREE 3 Point Case Analysis at no cost or obligation to you.

Do You Have A Case?

Principal Office

Barrus Law Group, PLLC
2511 N Loop 1604 W Suite 301
San Antonio, TX 78258