What is MinCal Consumer Law Group?  We're a group of passionate lawyers dedicated to protecting and representing consumers in the area of consumer law (areas such as protection and enforcement of your rights against debt collectors, your credit report, and unsolicited text messages or automated calls from telemarketers).  We like empowering and helping consumers be informed of their rights and stopping the abuse, harassment, and other unfair treatment you receive from debt collectors and other violations of your rights under various consumer laws. We are committed to making a positive difference.  

 

Part of our mission is to provide you with the information and tools you need to both recognize, understand, and assert your rights.  This requires knowing what your rights are in various situations such as dealing with debt collectors.  To that end, we have complied a mini-list of your legal rights by popular topic on several important consumer issues including the Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), Telephone Consumer Protection Act (TCPA), and Identity Theft.  Feel free to read more detailed information about the law and your rights on our Resources page. Each section has its own scrolling menu on the left hand of your screen.  You can always call us for a free legal consultation.  We are more than happy to see how we can help you.

 

It is important to note that these resources we have made available on our site which include guides, brochures, and other informational literature do not constitute legal advice.  Your rights and remedies vary depending on your specific circumstances.  However, remember that we provide free legal consultations that are private and confidential. Please call us today if you need help with debt collectors, furnishers of information on your credit report, unsolicited text messages or automated telephone calls, or identity theft.  

 

Federal Fair Debt Collection Practices Act (FDCPA) - 15 U.S.C. Section 1692 et seq.

 

The Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq., is a United States Federal Statute that was added in 1978 to Title VIII of the Consumer Credit Protection Act.  The purposes are to eliminate abusive practices in the collection of consumer debts, promote fair debt collection, and to provide consumers with an avenue for disputing and obtaining validation of debt information in order to ensure the information's accuracy.  The FDCPA creates guidelines under which debt collectors may conduct their business, defines consumer rights involved with debt collectors, and prescribes penalties and remedies for violations of the FDCPA. 

 

Some debt collectors follow the law.  Many debt collectors break the law.  Here are just some common violations by debt collectors of your rights:

 

 
  • Debt Collectors contacting you by telephone outside of the hours of 8:00 a.m. to 9:00 p.m. local time

  • Debt Collectors failing to cease communication upon request

  • Debt Collectors causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously: with intent to annoy, abuse, or harass any person at the called number

  • Debt Collectors communicating with consumers at their place of employment after having been advised that this is unacceptable or prohibited by the employer

  • Debt Collectors contacting you after it is known you are represented by an attorney

  • Debt Collectors  communicating with you after request for validation has been made (and before you receive the validation)

  • Debt Collectors using ANY misrepresentation or deceit: A debt collector many not misrepresent the debt or use deception to collect the debt -- this includes a debt collector's misrepresentation that he or she is an attorney or law enforcement officer

  • Debt Collectors may not publish a consumer's name or address on a "bad debt" list

  • Debt Collectors may not seeking unjustified amounts, which would include demanding any amounts not permitted under an applicable contract or as provided under applicable law (a common violation is if a debt collector adds their own collection fee when they are not authorized to do so)

  • Debt Collectors may not threaten you with arrest or legal action that is either not permitted or not actually contemplated

  • Debt Collectors may not use abusive or profane or vulgar language in the course of communication related to the debt

  • Debt Collectors may not be rude to you

  • Debt Collectors may not communicate with third parties revealing or discussing the nature of debts (other than the consumer's spouse or attorney) - this means a debt collector may not talk with your parents, family members other than your spouse, friends, roommates, neighbors, your boss, employers, etc.)

  • Debt Collectors may not contact you by embarrassing media, such as communicating with a consumer regarding a debt by post card, or using any language or symbol, other than the debt collector’s address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business

  • Debt Collectors may not report false information on a consumer's credit report or threatening to do so in the process of collection

  • Debt Collectors can be sued for violating your rights.  You may file a private lawsuit in a state or federal court to collect damages (actual, statutory, attorney's fee and court-costs) from debt collectors.

  • You are entitled to actual damages or statutory damages of up to $1,000 plus reasonable attorney fees if a debt collector is proven to have violated the FDCPA (Note: In California you are entitled up to an additional $1,000 for violation of the Rosenthal Fair Debt Collection Practices Act (RFDCPA))

     

 

Read more on our resources section or call us at 1-888-678-5550 to speak with an attorney and get a free legal consultation to discussing your specific situation.

 

 

Identity Theft

 

Identity theft can be a serious and difficult crime for victims. Theft of Identity occurs when a thief uses your personal information to receive credit or services -- your life becomes forever altered and you are faced with the task of unraveling the damage done to clear your good name and credit. This process can be frustrating, slow, and confusing. That is why we developed a section filled with information on identity theft and how to deal with it. Even though the information on our site is tailored toward California Identity Theft Victims and Minnesota Identity Theft Victims (especially with respect to legal remedies), any victim of identity theft may be able to use the information to reclaim their identity and assert their rights.

 

Are you a victim of identity theft?  What should you do? What are your rights against Creditors? What are your rights against Debt Collectors? What are your rights against Merchants?

 

    • Have a credit report free of fraudulent accounts

    • Get copies of documents related to the theft of your identity

    • Stop the collection of fraudulent debts

       

 

 

Your rights with Credit Reporting Companies:

 

    • File a report with a law enforcement agency and ask for a copy of it to show how your identity has been misused

    • Place a 90-day initial fraud alert on your credit files

    • Place a 7-year extended fraud alert on your credit files if you are a victim of identity theft

    • Get a free copy of your credit report

    • Ask the credit reporting companies to block fraudulent information from appearing on your credit report

    • Dispute fraudulent or inaccurate information

 

 

 

Read more on our resources section or call us at 1-888-678-5550 to speak with an attorney and get a free legal consultation to discussing your specific situation.

 

 

 

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. You are entitled anywhere from $500 to $1500 per violation.  

  • Solicitors may not call residences before 8 a.m. or after 9 p.m., local time.

  • The solicitor must maintain a "Do Not Call" (DNC) list, which must be honored for 10 years.

  • Solicitors must provide their name, the name of the person or entity on whose behalf the call is being made, and a telephone number or address at which that person or entity may be contacted.

  • Solicitation calls cannot be made to residences with artificial voices or recordings.

  • Calls cannot be made with artificial voices or recordings to cell phones or to any service in which the recipient is charged for the call.

  • Prerecorded or autodialed calls cannot engage two or more lines of a multi-line business or to any emergency number.

  • In a related section, unsolicited advertising faxes are also prohibited.

  • Under the TCPA, you are entitled to collect damages from a solicitor for $500 to $1,500 for each violation, or recover actual monetary loss, whichever is higher.

     

 

Read more on our resources section or call us at 1-888-678-5550 to speak with an attorney and get a free legal consultation to discussing your specific situation.

 

 

 

NACA logo