Nationwide Alliance Group educates consumers who are currently in default on their debts and/or have suffered from harassment by their creditors or debt collectors. In today’s economy, our clients have fallen on difficult financial times and as a result they are often illegally abused or harassed. You have rights, and we are here to help represent those rights.
Even when you are in debt and may owe someone money, you still have the right to be treated with respect and in accordance with the law. Debt collectors do not have the right to abuse, harass, or intimidate you. You have rights. You may file a harassment lawsuit if your debt collectors engage in harassment or abuse. Creditor harassment and debt collector abuse may be a violation of the federal Fair Debt Collection Practices Act (FDCPA). Under the FDCPA, you have the right to sue a debt collector who violates the law by harassing you or making threats. Credit Advocates works with consumers whose rights have been violated under the FDCPA and other consumer protection statutes.
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Laws Commonly Violated
Fair Credit Reporting Act
We will pursue your rights under the Fair Credit Reporting Act (FCRA) to make creditors remove the offending information, pay you damages and pay your attorneys’ fees. This is a consumer statute that requires lenders that report credit information to the bureaus, to play fairly with you. When they do not, we sue them and make them remove the offending trade line and pay your costs and attorneys’ fees.
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We will pursue your rights under the Fair Credit Reporting Act (FCRA) to make creditors remove the offending information, pay you damages and pay your attorneys’ fees. This is a consumer statute that requires lenders that report credit information to the bureaus, to play fairly with you. When they do not, we sue them and make them remove the offending trade line and pay your costs and attorneys’ fees.
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Truth In Lending Act
15 USC 1601-1667f (Amended as of January 1, 2001) Sec. 1601. -
Congressional findings and declaration of purpose (a) Informed use of
credit. The
Congress finds that economic stabilization would be enhanced and the
competition among the various financial institutions and other firms
engaged in the extension of consumer credit would be strengthened by the
informed use of credit. The informed use of credit results from an
awareness of the cost thereof by consumers. It is the purpose of this
subchapter to assure a meaningful disclosure of credit terms so that the
consumer will be able to compare more readily the various credit terms
available to him and avoid the uninformed use of credit, and to protect
the consumer against inaccurate and unfair credit billing and credit
card practices.
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Fair Debt Collection Practices Act
Fair Debt Collection Practices Act (FDCPA) § 1692a. Definitions As used in this subchapter--
(1) The term "Commission" means the Federal Trade Commission. (2) The term "communication" means the conveying of information regarding a debt directly or indirectly to any person through any medium.
(3) The term "consumer" means any natural person obligated or allegedly obligated to pay any debt.
(4) The term "creditor" means any person who offers or extends credit creating a debt or to whom a
debt is owed, but such term does not include any person to the extent that he receives an assignment or
transfer of a debt in default solely for the purpose of facilitating collection of such debt for another. (5) The term "debt" means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment.
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(1) The term "Commission" means the Federal Trade Commission. (2) The term "communication" means the conveying of information regarding a debt directly or indirectly to any person through any medium.
(3) The term "consumer" means any natural person obligated or allegedly obligated to pay any debt.
(4) The term "creditor" means any person who offers or extends credit creating a debt or to whom a
debt is owed, but such term does not include any person to the extent that he receives an assignment or
transfer of a debt in default solely for the purpose of facilitating collection of such debt for another. (5) The term "debt" means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment.
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To watch Frontline's documentary on the secret practices of the Credit Card Industry.
Credit Card Defense & Litigation
Defaults on credit card accounts are at an all time high. Too many consumers obtain too many cards and then cannot keep up with the payments. If a credit card company files a lawsuit against you after a default, they must prove certain issues in order to prevail in their case. First and foremost, they must prove that they are entitled to commence a lawsuit against you. This can be done by any number of ways.
The credit card company must produce some sort of documentation showing that you agreed to establish an account with them. This typically would be by way of a written application that bears your signature. If they fail to produce such a document, you may have a defense or objection to their lawsuit. As you may be aware, many credit accounts are now being opened over the internet, or via telephone. In those instances, the credit card company should be able to produce an electronic signature page for internet applications, or, they should be able to produce written documentation that at a minimum summarizes the oral telephone application. If they fail to produce such documentation, again, you may have a valid defense or objection to the lawsuit.
The next issue that the credit company must prove is the terms of the account. This would include the principal charges, the interest rate, the default rate, the terms of payment and the remedies in the event of a default. These terms are typically forwarded to you after you have opened the account, or are included with your written application. Often times, the credit companies change the terms of the agreement while your account is active, and they are obligated to send you a copy of the new terms of the agreement. This becomes a crucial component of a credit collection case. The company must prove which terms apply to which charges on your account. A failure to do so on their part can provide a reasonable defense or objection for you as the consumer.
The next issue that the credit card company must prove is that a default occurred, and that they are entitled to sue you. This can often be shown by merely presenting evidence of a missed payment. If a credit card company cannot produce sufficient evidence of all of the foregoing, then you may have a valid defense to any lawsuit that may be filed against you. Please be sure to consult your attorney regarding the laws of your state, and credit card collection cases.
For a complete evaluation of your credit card case submit a Credit Card Debt Evaluation Form below.
To watch Frontline's documentary on the secret practices of the Credit Card Industry.
The credit card company must produce some sort of documentation showing that you agreed to establish an account with them. This typically would be by way of a written application that bears your signature. If they fail to produce such a document, you may have a defense or objection to their lawsuit. As you may be aware, many credit accounts are now being opened over the internet, or via telephone. In those instances, the credit card company should be able to produce an electronic signature page for internet applications, or, they should be able to produce written documentation that at a minimum summarizes the oral telephone application. If they fail to produce such documentation, again, you may have a valid defense or objection to the lawsuit.
The next issue that the credit company must prove is the terms of the account. This would include the principal charges, the interest rate, the default rate, the terms of payment and the remedies in the event of a default. These terms are typically forwarded to you after you have opened the account, or are included with your written application. Often times, the credit companies change the terms of the agreement while your account is active, and they are obligated to send you a copy of the new terms of the agreement. This becomes a crucial component of a credit collection case. The company must prove which terms apply to which charges on your account. A failure to do so on their part can provide a reasonable defense or objection for you as the consumer.
The next issue that the credit card company must prove is that a default occurred, and that they are entitled to sue you. This can often be shown by merely presenting evidence of a missed payment. If a credit card company cannot produce sufficient evidence of all of the foregoing, then you may have a valid defense to any lawsuit that may be filed against you. Please be sure to consult your attorney regarding the laws of your state, and credit card collection cases.
For a complete evaluation of your credit card case submit a Credit Card Debt Evaluation Form below.
To watch Frontline's documentary on the secret practices of the Credit Card Industry.
