PRACTICE AREAS
Debt Collection Harassment
There's a right way and a wrong way to seek repayment of a debt. Unfortunately, some collectors go too far in what they're willing to do or say during the course of their efforts to extract a payment. Regardless of whether or not you owe money, you are protected by certain laws that prohibit collectors from using abusive, unfair or deceptive debt collection practices, such as:
-
Making threats of physical violence or harm
-
Using obscene, profane, or vulgar language
-
Disclosing information to third parties, like friends, family, or co-workers
-
Misrepresentation of the debt, such as the amount owed, or what actions are about to be taken or can be taken (empty threats of filing a lawsuit, garnishing your wages, or going to jail)
-
Repeatedly calling with the intent to annoy or harass
-
Calling you at work after you've told the caller you cannot get calls at work
-
Calling before 8 am or after 9 pm
-
Failing to disclose or lying about who they are or who they represent (including misrepresentations about government affiliation)
Credit Reporting Errors
Having a complete and accurate credit report plays a vital role in a consumer's ability to obtain financing or even land a job. Often times, through no fault of the consumer, they are surprised to learn inaccurate and negative information is contained in their report. Even worse, the false and derogatory information can continue to be reported even after the consumer has attempted to fix it on their own, leading to an inability to purchase a home or even denial of a job. Sometimes credit reporting agencies report consumers as "deceased" even when they are alive and well. Federal and state law protects consumers from falling victim to this type of inaccurate credit reporting.
Wrongful Repossession
Sometimes a creditor's records are not properly maintained and fail to accurately reflect your payment history or delinquency status, leading to a wrongful repossession. Even if you do fall behind on your auto loan payments, there are certain rules and limitations surrounding how the creditor can legally enforce its rights under the contract. If a creditor has routinely accepted late or partial payments, it has effectively waived the right to suddenly enforce the timely payment provision without first sending notice. Also, a creditor and its agents cannot breach the peace in an effort to repossess the vehicle and upon a legal repossession must sell it in a commercially reasonable manner.
Deceptive Trade Practices
The Texas Deceptive Trade Practices Consumer Protection Act (DTPA) protects consumers, including individuals, partnerships, corporations, LLCs, against false, misleading, and deceptive business practices, unconscionable actions, and breaches of warranty. The coverage of the DTPA is broad and applies generally where a consumer seeks, or acquires by purchase or lease, any goods or services.