Consumer Rights and Consumer Protection Law

The Chander Law Firm represents plaintiffs in all aspects of consumer rights and consumer protection law.

Consumer rights describes a broad variety of laws designed to protect the rights of consumers in business transactions.  The area is actually an amalgam of legal disciplines including contract law, banking law, real estate law, and personal injury law.  Many of the remedies offered to consumers are set out by federal and state laws specifically designed to protect consumers. 

Consumer protection laws do not just benefit individuals.  Many businesses also qualify as consumers under certain consumer protection statutes.

Typical Industries In Which Consumer Protection Laws Are Needed

Typical industries in which consumer protection claims often arise include:

• Retail Sales
• Automobile Sales
• Sales-Lease Agreements
• Banking
• Credit Cards
• Mortgages and Loans
• Commercial Leases
• Apartment and Home Rental
• Home Purchases

Actions for Fraud, Misrepresentation, and Deceptive Trade Practices

The Chander Law Firm represent individuals and businesses in actions for fraud, misrepresentation, and deceptive trade practices in the sale of goods and services.  This includes actions under the Deceptive Trade Practices and Consumer Protection Act (DTPA).

Claims for Breach of Warranty and Magnuson-Moss Warranty Act

The Chander Law Firm represents individuals and businesses in claims for breach of warranty in the sale of goods, including common law actions. actions under the Commercial Code, and actions under the Magnuson-Moss Warranty Act.

Consumer Protections Against Collections Agencies and Credit Reporting Agencies

The Chander Law Firm represents individuals against collections agencies and credit reporting agencies which have wrongfully caused harm. 

Unreasonable Collections Practices

The Fair Debt Collection Practices Act was enacted by Congress for the purpose of eliminating abusive debt collection practices.  State debt collections laws and common law claims also exist to protect consumers from unreasonable collection practices. 

Fair Debt Collection Practices Act

The federal Fair Debt Collections Act prohibits certain unfair and unconscionable practices when attempting to collect debts.  The statute covers "debt collectors," which are defined as any business regularly collecting or attempting to collect debts owed to another.

The Fair Debt Collections Practice Act prohibits the making or using false, deceptive, or misleading representations or means in connection with the collection of any debt.  A collection agency violates the act by:

• harassment or abuse, including racial slurs, rudeness, yelling, name calling, and threats, including threats to ruin the credit of persons whose debts have been paid
• obscene or profane language, including calling debtors derogatory names and using profanity in debt collecting
• making repeated or continuous telephone calls, including calls at work after being requested to stop, numerous calls each day, even after debts have been paid, and making repeated calls after debtors hang up the telephone
• agents making calls without a meaningful disclosure of their identity

A debt collector may be subject to civil liability  for failing to comply with the act.  Attorney's fees and costs may be awarded to persons in successful actions.

Protections against unreasonable collection also exist under state law.

Fair Credit Reporting Act

The purpose of the Fair Credit Reporting Act is to require consumer reporting agencies to adopt reasonable procedures for collecting and maintaining consumer credit, personnel, insurance, and other information in a fair and equitable manner to the consumer with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information.  Failure of a credit reporting agency or furnisher of information to abide by the provisions of the act results in civil liability.

Other Protections for Consumers in Banking and Lending

The Chander Law Firm represent clients in a variety of other consumer banking and lending protection claims, including but not limited to:

• Truth in Lending Act
• Equal Credit Opportunity Act
• Electronic Fund Transfer Act
• Credit Card Act of 2009

If you have a question about consumer protection law, contact The Chander Law Firm today.