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Consumer Protection…You Have Rights Too!

Luff Strenfel LLP Sept. 21, 2018

Consumer Debt Relief and Consumer Protection Is a Topic that Cover a Broad Range of Issues. It Is Important that You Know You Have Protections Available to You and That as A Consumer You Have Rights.

Many Americans are facing mounting debt, and lack the cash flow to satisfy all of their financial obligations. Usually this causes creditors and their agents to constantly contact you and try to collect on the debt. There are laws to protect consumers by ensuring compliance with the Fair Debt Collection Practices Act, Fair Credit Reporting Act, Pennsylvania consumer protection laws. These laws allow for credit repair, negotiation and settlement with creditors. And, as a last resort, Federal Bankruptcy protection can stop creditors dead in their tracks with its “automatic stay” provision.

Should you be facing a lawsuit or sheriff’s sale because you weren’t able to resolve a dispute with a creditor, you may need to seed protection under federal bankruptcy. This prevents your creditors and local law enforcement from proceeding with a lawsuit or enforcing and executing on a judgment. Deciding on proceeding under Chapter 13 or Chapter 7 requires a thorough consultation in order to consider your financial affairs to see which is the best fit for your situation.

Another important aspect to consider as a consumer is Pennsylvania’s Unfair Trade Practices and Consumer Protection Law (UTPCPL). This law delineates certain unfair action that, if taken, can allow a consumer to seek recourse in Pennsylvania courts. The twenty-one acts enumerated in this law can entitle the consumer to treble damages, under some circumstances. One of the most frequently employed provisions of the UTPCPL is what is known as the “catchall” provision, which prohibits “any other fraudulent or deceptive conduct which creates a likelihood of confusion or of misunderstanding.” In other words, it codifies the common law elements of fraud.

As a consumer you need to make sure that you document your dealings with the vendor and be able to provide them so that we can assess what recourse may be available to you. Even if you have been treated unfairly, if you don’t have the documentation to prove the damage, you may not be able to be made completely whole again.

If you have an issue with debt, or with a consumer purchase. contact LHS Law Firm to see how we can help to stop the constant contact by creditors, and resolve your outstanding consumer debt.