Consumer Protection Laws Overview

Summary

The Fair Credit Billing Act (FCBA) protects consumers from unfair billing practices, allowing disputes of unauthorized charges within 60 days and limiting liability to $50. The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) protects against unfair competition and deceptive practices, offering remedies like damages and attorneys fees. Maryland has similar protections under the Consumer Protection Act, prohibiting unfair trade practices and providing remedies.

Full Conversation

What is FDUTPA?
The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) aims to protect consumers and businesses from unfair methods of competition, and unfair or deceptive acts or practices in trade or commerce.

Key points include:
- Prohibits deceptive acts or practices.
- Allows for consumer protection claims.
- Provides remedies including actual damages and attorney's fees.
Is there a specific issue you are facing related to FDUTPA?
Does Maryland have this same law?
Maryland does not have the FDUTPA, but it has similar consumer protection laws. The Maryland Consumer Protection Act (CPA) serves a similar purpose.
Key points include:
- Prohibits unfair or deceptive trade practices.
- Allows for consumer protection claims.
- Provides remedies like damages and attorney's fees.
Are you facing a specific issue that you need more information on regarding Maryland's Consumer Protection Act?
If someone disputes the balance of an account with credit agency and the investigation comes back accurate but the account open date is inaccurate would you have to dispute again? Or can I continue with filing litigation?
You may need to dispute the account open date separately before considering litigation. Ensuring all inaccuracies are addressed through the dispute process can strengthen your case if you move forward with legal action.
Where are you located? This will help me provide more specific guidance based on your state's laws.
What if the dispute time took shorter than required by law can some argue that the investigation wasn’t properly investigated?
If the investigation by the credit agency was completed faster than the typical timeframe, one might argue that it wasn't thorough. Key points for disputing this include:
- Investigative Thoroughness: Ensure all aspects were reviewed.
- Documentation: Gather all related documents and communications.
- Legal Standards: Understand the requirements for investigations under applicable laws.
Where are you located? This will help tailor the advice to your state's specific laws.
Does that constitute a violation under the FCRA if so what is it?
Under the Fair Credit Reporting Act (FCRA):
- Credit reporting agencies must conduct a reasonable investigation of disputed information.
- Failure to thoroughly investigate or correct inaccurate information can constitute a violation.
- You may argue that an insufficiently thorough or hastily completed investigation violates the FCRA.
Where are you located? This will help provide more specific guidance based on your state's laws.
Would this be * USC 1681e?
Yes, * USC 1681e refers to the section of the Fair Credit Reporting Act (FCRA) that deals with compliance procedures for credit reporting agencies to ensure the accuracy and integrity of the information they report. Specifically, it requires credit reporting agencies to follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates.
Could you please let me know your location to provide more specific guidance based on your state's laws?
So can I also sue furnisher even if the balance was accurate but the investigation wasn’t done properly?
Yes, under the Fair Credit Reporting Act (FCRA), you can potentially sue a furnisher of information (such as a creditor) if the investigation they conducted was not reasonable, even if the balance was accurate. Key points:
- Furnishers are required to conduct a reasonable investigation.
- Failure to do so can constitute a violation of the FCRA.
- Legal action can be taken if the investigation was insufficient.
Where are you located? This will help me provide more specific guidance based on your state's laws.
So I can still sue under s-2b for creditor and 1681e for credit reporting agency?
Yes, under the Fair Credit Reporting Act (FCRA), you can sue both the creditor under section *(b) and the credit reporting agency under * USC 1681e if they failed to conduct a proper investigation.
Where are you located? This will help in providing more specific advice based on your state's laws.
If I have proof from an original creditor that a third party debt collector re aged an old account can I add that to lawsuit even tho i didn’t ask credit agencies to investigate?
Yes, you can potentially add that to your lawsuit. Re-aging an account is a serious violation under the Fair Credit Reporting Act (FCRA). It’s important to document all evidence meticulously.
Where are you located? This will help tailor the advice to your state's specific laws.
Could you draft a mock complaint for the violations stated above?
Certainly! Here is a mock complaint based on the violations you've described:
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UNITED STATES DISTRICT COURT
[YOUR DISTRICT COURT]
[YOUR NAME],
Plaintiff,
v.
[CREDITOR'S NAME] and [CREDIT REPORTING AGENCY'S NAME],
Defendants.
COMPLAINT FOR VIOLATIONS OF THE FAIR CREDIT REPORTING ACT
Plaintiff [Your Name], by and through undersigned counsel, files this Complaint against Defendants [Creditor's Name] and [Credit Reporting Agency's Name], alleging violations of the Fair Credit Reporting Act (FCRA), * U.S.C. § * et seq., and in support thereof avers as follows:
PARTIES
*. Plaintiff, [Your Name], is a resident of [Your State], residing at [Your Address].
*. Defendant, [Creditor's Name], is a corporation organized under the laws of [State], with its principal place of business at [Address].
*. Defendant, [Credit Reporting Agency's Name], is a corporation organized under the laws of [State], with its principal place of business at [Address].
JURISDICTION AND VENUE
*. This Court has jurisdiction over this action pursuant to * U.S.C. § 1681p and * U.S.C. § *.
*. Venue is proper in this district pursuant to * U.S.C. § *(b) as a substantial part of the events or omissions giving rise to the claim occurred in this district.
FACTUAL ALLEGATIONS**
*. On [Date], Plaintiff discovered inaccuracies in their credit report issued by Defendant [Credit Reporting Agency's Name].
*. Plaintiff disputed the inaccuracies with [Credit Reporting Agency's Name] on [Date], specifically challenging the account open date and balance accuracy.
*. [Credit Reporting Agency's Name] completed its investigation in an unreasonably short time, failing to conduct a thorough investigation in violation of * U.S.C. § 1681e.
*. Plaintiff provided evidence to [Credit Reporting Agency's Name] from [Creditor's Name] showing the re-aging of an old account by a third-party debt collector, which was not corrected.
*. Despite Plaintiff's evidence, [Credit Reporting Agency's Name] did not take appropriate steps to rectify the inaccuracies.
*. Plaintiff also disputed with [Creditor
Draft another one this time exclude the re-aging of account
---
UNITED STATES DISTRICT COURT
[YOUR DISTRICT COURT]
[YOUR NAME],
Plaintiff,
v.
[CREDITOR'S NAME] and [CREDIT REPORTING AGENCY'S NAME],
Defendants.
COMPLAINT FOR VIOLATIONS OF THE FAIR CREDIT REPORTING ACT
Plaintiff [Your Name], by and through undersigned counsel, files this Complaint against Defendants [Creditor's Name] and [Credit Reporting Agency's Name], alleging violations of the Fair Credit Reporting Act (FCRA), * U.S.C. § * et seq., and in support thereof avers as follows:
PARTIES
*. Plaintiff, [Your Name], is a resident of [Your State], residing at [Your Address].
*. Defendant, [Creditor's Name], is a corporation organized under the laws of [State], with its principal place of business at [Address].
*. Defendant, [Credit Reporting Agency's Name], is a corporation organized under the laws of [State], with its principal place of business at [Address].