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  • Credit Reports - Credit Reports Law Resources - LawInfo
    with a credit bureau because of identity theft Inaccurate information resulting from fraud Consumers who are on public assistance Consumers who are unemployed but expect to apply for work within 60 days Disputing incomplete or inaccurate information in the file The reporting bureau must investigate disputes that are not frivolous and remove incomplete or inaccurate information within 30 days Removing outdated negative information Generally such information is removed if it is seven years old or bankruptcies that are older than 10 years Limiting access to the credit files to those who have a valid reason such as creditors insurers employers or landlords However consumers must give the credit bureau permission to release information to a consumer s employer or prospective employer Limiting prescreened offers of credit and insurance Free Credit Reports Consumers can receive their credit reports for free once every 12 months from the three major credit reporting bureaus Equifax Experian and TransUnion under the Fair Credit Reporting Act FCRA Also victims of identity theft may review their credit reports for free after reporting the theft to one of the credit reporting bureaus which will share that information with the other two bureaus Credit reports contain information including The consumer s credit rating score The consumer s debt payment history including late payments Lawsuits filed against the consumer If the consumer has filed for bankruptcy Where the consumer lives Obtaining a free credit report helps guard against identity theft and confirms that the information in the report is accurate If an inaccuracy is found the consumer can report that to the credit reporting bureau and get the information corrected which is a FCRA provision Consumers may get their credit reports from the three credit reporting bureaus at the same time or the request for a free report may be

    Original URL path: http://www.lawinfo.com/credit-reports.html (2016-02-15)
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  • Creditor Harassment - Creditor Harassment Law Resources - LawInfo
    calls without disclosing the caller s identity What to Do About Creditor Harassment A consumer with delinquent debt who is receiving constant phone calls can instruct the caller not to call again and by law the caller cannot keep calling If the calls are generated by a cell phone texting a demand to stop calling could serve as proper notice This also can be communicated by letter to the creditor but the letter should be posted as certified mail and the debtor needs a receipt that the creditor received the letter Using such a letter can serve as evidence should the consumer sue the creditor for harassment The information on this page is meant to provide a general overview of the law The laws in your state and or city may deviate significantly from those described here If you have specific questions related to your situation you should speak with a local attorney or find qualified local Creditor Harassment Attorneys on LawInfo Or click to find Creditor Harassment Attorneys in a specific location Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming Share this information Search LawInfo s Creditor Harassment Resources Additional Creditor Harassment Articles What is an automatic stay in connection with a bankruptcy petition Will filing for bankruptcy stop collection efforts Can A Creditor Object To A Debt Being Discharged What Can I Do If A Creditor Keeps Trying To Collect Money After I Have Filed Bankruptcy I Am Involved In A Short Sale

    Original URL path: http://www.lawinfo.com/creditor-harassment.html (2016-02-15)
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  • Debt Collection - Debt Collection Law Resources - LawInfo
    It is advisable to initially talk to a debt collector to negotiate how the debtor might go about honoring the debt or to determine if the debt collector has mistakenly made contact Debtors can prevent a debt collector from calling by telling the collector not to make further contact This can also be handled by written communications such as a letter If a letter is written documented proof of the letter is necessary That can be accomplished by making a copy of the letter and sending the original by certified mail with the return receipt option That way the debtor has documentation that the letter was received by the collection agency They may still contact the debtor for two very limited reasons One is to confirm they will not call again and the other is to advise they will take legal or another specific action Stopping the calls however does not mean the debtor no longer owes the debt A debt collector has the right to sue to collect Garnishment of Wages or Bank Accounts Creditors collection agencies and other debt collectors can follow legal procedures to garnish wages or bank accounts as a means to legally procure funds to satisfy the debt But a number of other financial sources cannot be garnished Among them are Social Security Benefits Supplemental Security Income Veterans benefits Service members pay Military annuities and survivors benefits Civil service and federal retirement and disability benefits Student assistance Federal Emergency and Management Agency federal disaster assistance If a debtor is sued he or she must not ignore the summons By ignoring the summons debtors cannot fight the garnishment Debtors in this situation may need legal representation What if Debtors Rights Are Violated Debtors who believe a creditor collection agency or other debt collector has violated his or her rights should know that they only have one year to file a lawsuit under the FDCPA State law may have different time frames If the debtor wins the case the court can order the debt collector to pay for any damages that resulted from the debt collection violation such as lost wages and medical bills and that can be proven Even if a debtor cannot prove damages the court can require the debt collector to pay as much as 1 000 and reimburse attorneys fees and court costs If a class action lawsuit is involved damages are allowed up to 500 000 or 1 percent of the collector s net worth whichever is lower Debtor Still Liable for Original Delinquent Debt Bottom line even if a debtor wins the rights violation lawsuit the debtor remains liable for the original delinquent debt The information on this page is meant to provide a general overview of the law The laws in your state and or city may deviate significantly from those described here If you have specific questions related to your situation you should speak with a local attorney or find qualified local Debt Collection Attorneys on LawInfo Or click

    Original URL path: http://www.lawinfo.com/debt-collection.html (2016-02-15)
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  • Gift Cards - Gift Cards Law Resources - LawInfo
    five years beginning when the money was added Adding money causes a potential problem when a card has legally expired but still carries available funds In such cases consumers can request a replacement card at no charge Gift Card Fees in General Time limited fees apply to gift cards For some cards a limited monthly fee is charged Replacement fees can be charged on a lost or stolen card Fees charged by a gift card issuer must be listed on the gift card or its packaging It is wise to know what the fees are and when they are applied Purchase Fee Some retail outlets charge a fee when a consumer buys a gift card Dormancy Fee If the gift card is not redeemed within 12 months a dormancy fee can apply The fee is taken from the money on the gift card reducing the value of the gift card Usage Fee Just as it sounds some gift cards charge when the consumer uses it Adding Fee Some cards charge a fee when a consumer adds money to a previously purchased gift card Maintenance Fee Some cards charge a fee for administrative services Gift Cards Not Covered by Federal Laws So called reloadable prepaid cards such as cards issued by credit cards that are used similarly as a check or debit account and cards given as a reward or promotion are not covered by Federal Reserve Rules Share this information Search LawInfo s Gift Cards Resources Recommended Websites Bureau of Consumer Protection The Federal Trade Commission s Bureau of Consumer Protection s website Still have questions Contact experienced Gift Cards Attorneys on LawInfo com or learn more about Consumer Protection Find an Attorney in Your Area Legal Issue e g Personal Injury Location Area Code OR City State Advanced Search

    Original URL path: http://www.lawinfo.com/gift-cards.html (2016-02-15)
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  • Home Utility Bills - Home Utility Bills Law Resources - LawInfo
    avoid service disruption Transactions conducted by prepaid debit cards cannot be reversed and are difficult to trace The prepaid cards do not require identification to spend them or to collect the funds Prepaid debit cards have taken the place of wire transfers that have improved security measures Some scammers will ask for personal and banking information and then use that information to commit identity theft How to Avoid Utility Bill Scam Utility customers who are asked to pay by prepaid debit card to avoid service disruption should be wary Utilities do accept checks and credit cards so there is not a need for a prepaid debit card Most utility customers know if they are current in paying their bills but scammers use high pressure tactics and threats and sound convincing The utility customer should call the utility and talk to a customer service representative to confirm if they are about to have service shut off Do not provide information that the utility already has in its files Obama Utility Scam A variation of this scam is the so called Obama utility scam Utility customers are called or informed through social media and told that Obama is providing energy credits to reduce their utility bills and that they are eligible To apply the customer is asked for personal information such as social security numbers which the scammer uses to commit identity theft What to Do Many utilities are working with local law enforcement and advise customers who receive such calls to notify the utility promptly Share this information Search LawInfo s Home Utility Bills Resources Recommended Websites Bureau of Consumer Protection The Federal Trade Commission s Bureau of Consumer Protection s website Still have questions Contact experienced Home Utility Bills Attorneys on LawInfo com or learn more about Consumer Protection Find

    Original URL path: http://www.lawinfo.com/home-utility-bills.html (2016-02-15)
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  • Honest Advertising Laws - Honest Advertising Laws Law Resources - LawInfo
    may file civil lawsuits to seek monetary damages and penalize those who caused the dishonest or misleading claims or statement In situations that involve criminal acts such as fraud or failing to properly label meats the FTC can request the Department of Justice to bring criminal charges However media outlets that distribute the advertisements such as newspapers magazines television and radio stations and Internet sites cannot be held liable for dishonest or misleading advertisements on one condition That they provide the FTC upon request the name and address of the party that caused the dishonest or misleading claim or statement That is usually the party that developed the dishonest or misleading advertisement FTC Additional Advertising Scrutiny Certain types of advertised products and services are under the FTC s close scrutiny These are advertised claims that affect consumer health and spending Other scrutinized areas are Claims about food Claims about over the counter drugs Dietary Supplements Alcohol Tobacco High tech products such as spyware The Internet The FTC also monitors and produces reports on violent movies music marketing of foods and electronic games marketed to children Penalties for Violators of Honest Advertising Individuals and businesses may be penalized if the commodity advertised may be injurious to health or a violation with intent to defraud or to mislead Violators can face criminal misdemeanor charges If convicted they can be sentenced to a fine of not more than 5 000 or imprisonment of not more than six months or both For those convicted a second time the penalty is a fine of not more than 10 000 and imprisonment of not more than one year or both Reporting Dishonest Advertising The FTC relies on the public to report advertising that is dishonest Consumers can file a complaint with the FTC Complaints about dishonest

    Original URL path: http://www.lawinfo.com/honest-advertising-laws.html (2016-02-15)
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  • Mail Fraud - Mail Fraud Law Resources - LawInfo
    used to title the car and perpetuate the odometer scheme Elements of Mail Fraud Mail fraud is a specific intent federal felony meaning the perpetrator must have intended to commit or attempted to commit the felony For prosecutors to win a mail fraud conviction two elements must be met The defendant must have Devised or intended to devise a scheme to defraud or perform a fraudulent act Used the mail to execute or attempted to execute the fraudulent scheme Mail Fraud Investigation Investigation of mail fraud is conducted by U S postal inspectors even if the fraudulent scheme originated on the phone or via the Internet Investigations are based on the pattern of the crime and the substance of complaints submitted to the United States Postal Inspection Service Postal inspectors can ask for criminal or administrative action against the perpetrator Penalties for Mail Fraud Different levels of punishment are allowed depending upon the circumstances of the fraudulent act Conviction of the mail fraud statute by an individual is punishable by a fine of up to 250 000 and five years in prison or both If the crime is committed by a financial institution or against a presidentially declared disaster emergency the fine is up to 1 million and 30 years in prison or both Share this information Search LawInfo s Mail Fraud Resources Additional Mail Fraud Articles What Are The Rules For Mail Order Sales Recommended Websites Bureau of Consumer Protection The Federal Trade Commission s Bureau of Consumer Protection s website Still have questions Contact experienced Mail Fraud Attorneys on LawInfo com or learn more about Consumer Protection Find an Attorney in Your Area Legal Issue e g Personal Injury Location Area Code OR City State Advanced Search Options Popular Searches Identity Theft Lemon Law Medical Malpractice Advertisements Find

    Original URL path: http://www.lawinfo.com/mail-fraud.html (2016-02-15)
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  • Moving Company Scams - Moving Company Scams Law Resources - LawInfo
    Signs A number of warning signs can help the consumer make a wise choice in selecting a moving company Warning signs include The moving company provides a low ball estimate over the phone or internet without visiting the home or observing the furnishings and goods to be moved The estimate is based on cubic feet not weight The moving company requires a cash or large deposit before the move The moving company does not provide a copy of Your Rights and Responsibilities which is a violation of federal law The mover s Web site does not provide a local address or licensing and insurance information The mover does not use a company name when answering the phone The mover claims all furnishings and goods to be move are covered by its insurance A generic rental truck arrives on moving day How to Avoid Moving Scams Consumers can avoid being scammed by movers by taking the following precautions Consider word of mouth referrals from trusted source such as family members and real estate agents Get three estimates before making a decision Research the moving company through the Better Business Bureau and the Federal Motor Carrier Safety Administration Do not hire a company that will not visit the home or business to be moved Do not hire a company that does not have a contract that covers details or has hidden costs Inquire about the moving company s claims process Determine if the moving company has conducted background checks on employees particularly packers movers and drivers Visit the moving company s site to see if the moving trucks are satisfactorily maintained and are clean If the moving company requires a reasonable deposit ensure that the deposit is refundable Be cautious about Internet moving companies that offer cheap moves Share this information Search

    Original URL path: http://www.lawinfo.com/moving-company-scams.html (2016-02-15)
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