Consumer Protection Law

STOP DEBT COLLECTION HARASSMENT

Most people don’t want to fall behind on their debts and financial obligations, but through no fault of their own they just can’t make ends meet and they become delinquent on their debts. Collection companies start calling at your home, on your cell phone and even at your place of employment.

The calls are constant and they are causing you severe anxiety. Even opening your mail becomes a daunting task because of the numerous delinquency notices and collection letters that arrive daily.

Mill Stone Legal Group knows how you are feeling and we want to help you fight back and overcome these problems, just as we have for a multitude of other clients.

  • FAIR DEBT COLLECTION PRACTICES ACT OR “FDCPA”

The federal government past the Fair Debt Collection Practices Act (“FDCPA”) to stop 3rd party collection agencies from abusive tactics and harassing behavior.

If the collection agency is found in violation of the FDCPA, you are entitled to statutory damages up to $1,000.00, plus actual damages, attorney fees and costs.

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  • FLORIDA CONSUMER COLLECTION PRACTICES ACT

The Florida Consumer Collection Practices Act or “FCCPA” is a Florida Statute that is modeled after the federal statute, and allows for recovery of statutory damages up to a $1,000.00, actual damages, and attorney fees and costs. In addition to third party collection companies, the FCCPA allows for you to sue the original creditor for damages for violation of the law.

With the help of Mill Stone Legal Group, our clients have recovered hundreds of thousands of dollars in settlements and judgments, in addition to having negative trade lines removed from our clients’ credit reports, for violations of the FDCPA and the FCCPA.

In short order, you can stop the collection calls and notices, repair your credit and get cash in your pocket, all while not having to pay a penny out of your own pocket.

  1. Leaving messages on an answering machine where somebody else hears the message
  2. Leaving messages without disclosing who is calling, or the nature of the call
  3. Call early in the morning before 8:00 a.m. or late at night after 9:00 p.m.
  4. Contacting you after they know you are represented by an attorney
  5. Using profane or abusive language
  6. Calling your place of employment after knowing you cannot be contacted there
  7. Threaten violence, arrest, prison or lawsuit
  8. Lie to you
  9. Causing the phone to ring repeatedly with the intent to annoy or harass the person getting the calls
  10. Attempting to collect more money than they are legally entitled to or more than you actually owe
  11. Contact you by postcard

This is a list of the most common violations of the law. If you believe that a collection company or a creditor has violated the law you may have a claim. There is a limited amount of time to bring these actions, so contact us immediately at (754) 227-1610 to protect your rights.

ROBO-CALLS AND TEXT MESSAGES

If you are receiving unwanted text messages and/or pre-recorded voicemail to your cell phone, and they won’t stop, even after repeated requests, Mill Stone Legal Group can help.

The Telephone Consumer Protection Act or “TCPA” is a federal statute implemented to protect you, the Consumer, from such abuses. Whether the calls/texts are coming from a business solicitation, a collection company or your mortgage servicer, the TCPA applies to everyone, and Mill Stone Legal Group has successfully sued them all on behalf of consumers like you, throughout the country.

The TCPA makes it illegal for companies to call and/or text your cell phone, for commercial purposes, using an automatic dialer or pre-recorded voice mail without your permission.

For example, if you are late on your mortgage payment and the servicer keeps calling you with an automatic dialer and you inform them that they can no longer call or text your cell phone number, it is illegal for them to continue.

The TCPA allows you to recover actual damages or $500 to $1,500 per phone call, depending on whether the violator’s conduct was willful and they were aware they were violating the TCPA.

The TCPA also allows for recovery against companies for unsolicited junk faxes. If you think you may have a claim, or just want to speak with one of our attorneys about your particular situation, call us at (754) 227-1610.

CREDIT REHABILITATION

In todays world, your credit score (also known as “FICO” score) can save you thousands of dollars in lower interest rates and available credit, or cost you and your family thousands of dollars in fees and higher interest rates.

Unfortunately, credit bureau errors are common place, and it is pertinent to ensure your personal information is correct and accurate and that your rights are not being violated.

There are many possible credit reporting errors and the following are examples of the most prevalent:

  • Public record errors
  • Inaccurate collection amounts
  • Amounts that are paid but being reported as delinquent or a balance remaining
  • Identity theft
  • Reporting negative trade lines that should have been removed with the passage of time
  • Late payments that were never late
  • Balance being reported to a mortgage lender that was sold through a short sale or foreclosure

The Fair Credit Reporting Act or the “FCRA” requires that credit reporting agencies report accurate and truthful information on your credit report. If there is an inaccurate trade line being reported on your credit report, you have the right to have it removed. If the credit reporting agencies fail to remove the item timely, you have the right to sue and have your attorney fees and costs paid.

Here at Mill Stone Legal Group our attorneys are very aggressive in representing our client to repair their credit.

Whether we need to litigate in federal or state court or just dispute certain items, our attorneys get results. We have successfully been able to remove derogatory trade lines, late payments, collection accounts, bankruptcies, foreclosures and other information.

If you have an issue with your credit and your FICO scores are not where they should be, contact us at (754) 227-1610 to see how we can help.