What’s the first thing you think of when hearing about a consumer protection lawyer? Consumer protection covers a wide array of issues, such as false advertising, predatory lending, and fair credit reporting.
Holding businesses and lenders accountable is vital because unaccountability can have dire consequences. For example, many lenders prey on minority communities, resulting in widescale loan defaults. This mass default was a major factor that contributed to the 2008 economic meltdown.
However, a consumer protection attorney can protect consumers of all backgrounds. They will help you know your rights as a consumer. Further, they can walk you through bankruptcy claims, credit report complaints, or civil lawsuits.
This article will explain the role of a consumer advocate attorney in more detail. Let’s explore.
Know Your Rights
Many people don’t know about consumer rights in their states. Since state regulations can vary, you’ll need an attorney to give you the full rundown. Consumers must also consider federal consumer laws.
Without legal counsel, learning about state and federal protections can be daunting.
If consumers don’t know their rights, many businesses will take advantage of the situation and manipulate them.
- Example: Under the Equal Credit Opportunity Act (ECOA), lenders cannot impose high rates on a borrower based on such factors as race or sex.
Lenders who scoff at this law can get away with usury However, lenders are less likely to engage in these practices if you have an attorney.
Fair Credit Reporting
Attorneys are also helpful during credit dispute cases. Under the Fair Credit Reporting Act (FCRA), consumers benefit from certain protections, such as:
- Marketing Removal Requests: A credit bureau must remove your name from any marketing list if you make a request.
- Labor Protections: If an employer wants to check your report, you must give the employer written permission.
- Access Limitations: Outside parties must have a good reason for checking your credit, and bureaus don’t give them full access.
- Removal Requests: If you find a mistake on your report, the bureau must right the wrong.
When it comes to error disputes, the process can be more labor-intensive than you may think. First, you must notify the bureau. The bureau will also contact the agency that noted the error.
Disputing an error isn’t always a sure win, as the bureau and provider can dispute or reject your petition. In certain cases, the bureau or information provider could mishandle your case.
Conversely, a fair credit attorney can streamline your case, ensuring that bureaus and information providers abide by the law.
Misleading Advertising
Many companies engage in numerous deceptive practices to sell products. One method is false advertising. The law protects consumers from misleading ads.
Besides false advertising, organizations may utilize other underhanded tactics, such as mail fraud or bait-and-switch advertising.
Since the Federal Trade Commission (FTC) oversees false advertising cases, consumers normally would file a complaint with the regulator. In the past, consumers didn’t have much recourse if they were victims of untruthful ads.
The good news is that more state laws have emerged in recent years, allowing consumers to file lawsuits against unscrupulous companies. Also, false advertising is now considered a criminal offense.
An attorney can help you determine if a criminal or civil case is applicable. They can also tell you about the relevant false advertising laws in your state. More importantly, they will help you find enough proof to secure a court victory.
Increase Your Odds of Court Victory
If you believe an organization has violated your consumer rights, you can file a consumer complaint. That said, you must provide strong evidence that supports your case. Additionally, you have a stronger chance of winning your case with an attorney’s help.
Lawyers know what it takes to win and will help you gather the necessary evidence. If you’re the victim of a defective product, an attorney can help you do the following:
- Take pictures or videos of any injuries or property damage
- Preserve the defective product as evidence
- Document any pain and suffering if you sustained an injury
- Record conversations with company reps or claims adjusters
Overall, a consumer protection attorney will help you conduct a full investigation.
The Negotiations Phase
In many cases, a company may want to settle out of court. The problem is that defendants or insurance companies typically offer meager sums, hoping the victim will accept the first offer.
However, a consumer attorney can tell you if the amount offered is relative to the damage done to you or your property. If not, your lawyer can press for a higher sum.
Insurance Tactics
If the defendant has insurance, you will most likely deal with an insurance company. You may encounter a situation where an adjuster will assess the injury or property damage.
Here is the problem: insurance adjusters aren’t on your side. Their job is to save as much money as possible for the insurance company. They will also engage in manipulative tactics.
For instance, they could engage in informal discussions to fish for sensitive information. An adjuster can use anything you say or do against you. If you must talk with an adjuster, a lawyer can advise you accordingly.
The Versatility of a Consumer Protection Lawyer
A consumer protection lawyer can help you in many areas, such as fair credit reporting, advertising fraud, usury cases, among other legal matters. Legal counsel can further enlighten you on consumer protection laws, strengthening your case in the process. To make your case stronger, they can convey what type of evidence you’ll need to win.
Interested in reading more? Read more on our blog to learn about other law-based topics.
