We are a law firm dedicated exclusively to the practice of consumer law. Our mission is to help consumers stop the abuse and unfair treatment you receive from debt collectors and others. To fulfill our mission, we think it's important you have the information and tools you need to recognize and assert your rights. This requires knowing what exactly your rights are in various situations. For example, do you know what your rights are if you are an Identity Theft victim? Questions like these are meant to be explored in this section of our website. We have complied a list of resources subdivided by popular topic (e.g. Debt Collection, Your Credit, Identity Theft, etc.) on various issues you may face.
It is important to note that these resources which include guides, brochures, and other informational literature do not constitute legal advice. Your rights and remedies vary depending on your specific situation. However, remember that we provide free private and confidential legal consultations. Please call us today for your free evaluation to discuss your legal situation... we're committed to helping you.
Debt Collection Laws
Federal Protection: The Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors and collection attorneys from using harassment and other unethical practices when collecting debt. If your rights are violated, you are entitled to up to $1000 in statutory damages and reasonable attorney's fees and costs. Read the full statute by clicking here.
MinCal has prepared a collector correspondence log for you to use. It looks like the picture below. Please download this log, print it, and use it. Call us if you have any questions.
State Protection: If you are a consumer living in California, The Rosenthal Fair Debt Collection Practices Act (RFDCPA) prohibits both debt collectors and original creditors from using harassing and other unethical practices when collecting debt. Like the Federal Statute, you are also entitled up to $1000 in statutory damages and attorney's fees and costs. (This means in California, in some cases you may be entitled up to a total of $2000 along with attorney's fees and costs.) Read the statute by clicking here.
What to do if you receive a demand for payment from a creditor or collection agency?
We have prepared some sample letters you can use to send to a debt collector which is located in the Debt Collector section or by clicking on the menu on the right.. You can read the sample letters by clicking here. However, we recommend that as soon as you are first contacted or when you are contacted by a debt collector, to call us so we can make sure you understand your rights. You can also read a Legal Guide published by the California Department of Consumer Affairs here: http://www.dca.ca.gov/publications/legal_guides/dc_1.pdf
Identity Theft
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What is identity theft?
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How does your identity get stolen?
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What should you do if your identity is stolen?
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Are you entitled to statutory damages under the Fair Debt Collection Practices Act (FDCPA) or California Rosenthal Fair Debt Collection Practices Act (RFDCPA)? (Yes! Up to $1000 under the FDCPA and an additional $1000 if you are a California consumer - total $2000)
Read more about Identity Theft, your rights, and how to resolve the problems by clicking here.
Fair Credit Reporting Act (FCRA)
The Fair Credit Reporting Act (FCRA) is a United States federal law that regulates the collection, dissemination, and use of consumer information, including consumer information. Read more about the FCRA by clicking here.
Telephone Consumer Protection Act (TCPA)
The Telephone Consumer Protection Act (TCPA) governs the conduct of telephone solicitations (i.e. telemarketing). The TCPA restricts the use of automatic dialing systems, artificial or prerecorded messages, SMS text messages received by cell phones, and the use of fax machines to send unsolicited advertisements. Read more about the TCPA by clicking here.
