Consumer Law refers to the laws that protect consumers from being taken advantage of by unscrupulous debt collectors, debt collection law firms, lenders, financing companies, mortgage brokers, auto dealers, credit card companies, etc.

Consumer lawyers can use variety of state and federal consumer protection laws to help address unfair and deceptive practices.  These consumer protection laws include (for example):

• The Fair Debt Collection Practices Act (FDCPA)
• The Truth in Lending Act (TILA)
• State Unfair and Deceptive Acts and Practices (UDAP) laws; in New York, this includes New York General Business Law Section 349
• The Fair Credit Reporting Act (FCRA)
• The Credit Reporting Organizations Act (CROA)
• The Real Estate Settlement Procedures Act (RESPA)
• The Magnusson Moss Warranty Act
• The Fair Credit Billing Act (FCBA)
• State Auto Fraud and Auto Financing Fraud Statutes; in New York, see for example, the Motor Vehicle Retail Instalment Sales Act

Many of these consumer protection laws cited above have mandatory “fee shifting” provisions, meaning that the consumer is entitled to his or her attorneys fees if a court finds that the consumer’s rights were violated.  Because the unscrupulous debt collectors, crooked car dealers and others who are covered under these consumer laws know that they will have to pay attorney’s fees to the consumer if they lose, a consumer attorney is often able to recover attorney’s fees as part of settlement.

Because of these fee shifting provisions, some consumer law cases can be handled without the consumer paying all attorney’s fees in advance, or can be handled on a contingency.

Depending on the facts, many consumers can also use traditional common law claims such as Fraud, Breach of Contract (including Breach of the Covenant of Good Faith and Fair Dealing); Negligent Misrepresentation; Conversion, etc.

In contrast with products liability law, which deals with products that cause harm or injury, consumer law typically deals with unfair or deceptive treatment by those selling the product, providing financing for the purchase, attempting to collect a debt related to the purchase, or reporting the debt’s status to the Credit Reporting Agencies, etc.

Consumers have rights. If you are suffering debt collection abuse, loan fraud, predatory lending, false credit reporting or other violations of consumer protection laws, contact the consumer lawyers at Schlanger & Schlanger, LLP at 1-800-685-2580 or by filling out our consumer questionnaire.