Consumer Protection Litigation
Gross & Patterson, LLC represents consumers in several areas of consumer protection litigation. Included in our practice are the following:
Fair Debt Collection Practices Act (FDCPA)
The FDCPA sets guidelines for debt collectors in the collection of debts. It specifically prevents debt collectors from using abusive, deceptive, or unfair debt collection practices. A consumer debt is any debt that is primarily for personal, family, or household purposes. Examples of these debts are credit card debt, medical bills and even mortgage debt. Debt collectors must use collection practices that are in accordance with the FDPCA. If you feel that a debt collector is using abusive, deceptive or illegal tactics on you, then please call us right away using our contact form or by calling 412-553-0140 for a FREE consultation.
- What is considered an abusive, deceptive or unfair debt collection practice? A debt collector cannot contact you before 8:00 AM or after 9:00 PM. A debt collector cannot contact you if they know you are represented by an attorney. A debt collector cannot attempt to collect on a debt that is no longer enforceable due to the expiration of the statute of limitations. In other words, a debt collector cannot attempt to collect on a debt that is ten years old. A debt collector cannot contact you at work if they know that your employer prohibits you from receiving such communication.
If a debt collector is calling you and you are unsure what to do, contact or call us today. If a debt collector is acting in violation of the FDPCA, then the debt collector may become liable to you and you can take actions against the debt collector.
Real Estate Settlement Procedures Act (RESPA)
REPSA requires lenders, mortgage brokers, or servicers of home loans to provide borrowers with pertinent and timely disclosures regarding the nature and costs of the real estate settlement process, which is when a person purchases a home. The Act also prohibits specific practices, such as kickbacks, and places limitations upon the use of escrow accounts.
The Dodd-Frank Wall Street Reform and Consumer Protection Act granted rule making authority to the Consumer Financial Protection Bureau (CFPB). The CFPB issued regulations in 2013 which deal with servicing transfer notice requirement for mortgage loan servicing and notice requirements for related to borrower’s error resolution requests and information requests. The amendments also included new provisions related to escrow payments, force-placed insurance, general servicing policies, procedures, and requirements, early intervention, continuity of contact, and loss mitigation.
If you are having trouble dealing with a your mortgage loan servicer because they are adding fees to your loan or are placing you into force-place insurance, then RESPA has procedures for handling these complaints.
At Gross & Patterson, LLC, we see these type of complaints frequently and are adept at getting them resolved. If you are experiencing problems with your mortgage loan servicer, then please call us right away using our contact form or by calling 412-553-0140 for a FREE consultation.
Unfair Trade Practices and Consumer Protection Law (UDAP)
UDAP is a Pennsylvania consumer protection law that prevents unfair methods of competition or unfair or deceptive acts or practices. UDAP often works in conjunction with other statutes like the Landlord-Tenant Act or the Real Estate Disclosure Act. Often, a violation of one of these Acts is also a violation of UDAP. The Courts under UDAP have the power to award up to three times the amount of damages and attorneys’ fees.
If you believe that your rights as a consumer have been violated by a debt collector, a lender or mortgage loan servicer or a contractor, then please call us right away using our contact form or by calling 412-553-0140 for a FREE consultation. As most consumer rights statutes such as the FDCPA, RESPA or UDAP provide that the creditor pay for your attorneys’ fees if they are found to have violated one of those acts, there are little or no fees charged to you.