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Practice Areas

Fair Debt Collection Practices Act

The Fair Debt Collection Practices Act (FDCPA) does not protect debtors from those who are attempting to collect a personal debt. The act only applies to third-party debt collectors, such as those who work for a debt collection agency.

Tennessee Fair Debt Collection Practices Act. Tennessee has not enacted a separate state law containing protections beyond those of the FDCPA. … It also provides basic protections against harassing and abusive collection tactics, consistent with those provided under federal law. Contact Lafferty Law Firm, Inc. to Stop Creditor Phone Calls and Harassment

Under the FDCPA, it is unlawful for debt collectors to engage activities such as the following:

-Calling before 8 a.m. and after 9 p.m. -Informing your employer or relatives about the nature and amount of the debt

-Calling you at work after you requested them to stop -Calling you at home, they must put the request in writing.

-Continuing to call you after you have informed them in writing that you dispute the debt

-Threatening to have you arrested or charged with a crime in conjunction with the debt

-Failing to inform you that you have a right to dispute the debt

-Adding undisclosed fees and costs to the debt

-If a bill collector does not have contact information for a debtor, he can call relatives, neighbors or associates of the debtor to try to find the debtor’s phone number, but he cannot reveal any information about the debt, including the fact that he is calling from a debt collection agency. Additionally, collectors can only call third parties one time each.

Lafferty Law Firm, Inc. has extensive experience dealing with these situations. Call us and have them “STOP”



Fair Credit Reporting Act

The Fair Credit Reporting Act (FCRA) is a federal statute that governs the activity of consumer reporting agencies (CRAs) and the entities that provide them with information about a consumer’s credit. CRAs gather information on consumers and their credit, and they report this information to businesses, including banks and landlords.

Under the FCRA, CRAs are required to protect the accuracy, confidentiality, and relevance of credit information. In other words, they must take reasonable measures to ensure that the information provided by creditors and other businesses is correct, and they cannot disclose this information to anyone who does not have the right to know it.

When credit information is misreported, inaccurate, or misused, it can have a tremendous impact on:

-Your credit score

-Your ability to qualify for a mortgage or other loan

-Your ability to rent an apartment

-Your employment search

-Before you file for bankruptcy, you can negotiate with your creditors to settle your debts. You can also pay off your debts through bankruptcy. When you negotiate a settlement or discharge a debt through bankruptcy, a creditor cannot report this debt as “charged off.”

Credit Information and Your Privacy

The FCRA also prevents CRAs from releasing your credit information to anyone that requests it. An entity must have a valid need and purpose for the information, or the CRA cannot disclose it. For example, CRAs can disclose your credit information to a creditor or landlord because it is valid for these entities to know whether you have good credit before deciding to let you open an account or give you a lease.

If a CRA, creditor, or other entity violates your rights under the FCRA, you may be able to sue for compensation. You may be able to recover actual damages and reasonable attorney fees and costs.

Has a Company Charged You to Fix Your Credit Before it Performed the Services? If you have been harmed by a credit repair company, you may have claims under the Credit Repair Organizations Act, which prohibits companies from charging you for their services before the services are complete. It protects consumers from misleading, deceptive, and other unfair conduct of credit repair companies.

If you are a victim of identity theft from unlawful disclosures of your credit report, I can also help you understand what options you have in order to protect your consumer rights. I will always take the time to understand a clients’ needs and keep them informed at every step of the legal process so they feel involved in their case. So If you believe that items are incorrect on your credit report, give me a call and let’s talk. If you aren’t sure if your credit report is correct, many websites allow you to pull your credit report at no charge. If you need help reading this report to understand what it means, I can help.


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