We Protect Consumers from Unfair Debt Collectors, Creditors, and Credit Bureaus
Our practice is limited to the following consumer protection law areas (please see below for additional information):
- Debt Collection
- Defense of Debt Lawsuits
- Automobile Repossession
- Credit Reports (and Identity Theft)
- Background Screening
We represent consumers like you against debt collectors when they engage in unfair, abusive or illegal tactics. The Fair Debt Collection Practices Act (“FDCPA”) is the primary law that protects you from rogue debt collectors; we enforce the FDCPA.
Debt collectors cannot trick, cheat or abuse you on the phone, in writing or even in court. For example, the following debt collection practices violate the FDCPA:
- Trying to get more money from you than you honestly owe.
- Calling you at work when they know your employer prohibits such calls.
- Calling your family and friends in an attempt to collect on the debt.
- Trying to collect on a debt that you do not owe.
- Threatening to garnish your wages or bank account without a court order.
- Suggesting that you will be arrested for failure to pay the debt.
- Threatening to sue you on a debt that is too old, so that it is barred by the statute of limitations.
- Speaking to you in an abusive manner.
- Filing a lawsuit against you on a debt that is too old.
We can help you stop being the victim of these and other unlawful collection tactics. Because the FDCPA allows us to collect our fees and costs from the debt collectors, you do not need to pay us to represent you. We only get paid from the debt collectors.
Against creditors, who like debt collectors engage in similar unfair, abusive or illegal tactics, we enforce the Florida Consumer Collection Practices Act (“FCCPA”). Again, you do not have to pay our fees or costs. If we win your case, the creditors will pay.
Have you already been sued in court for a debt? If you do nothing, the court may enter a judgment against you. After judgment, the court may allow the entity suing you to garnish your wages and bank account, or place a lien on your home.
Just because someone sues you it does not mean that they can get a judgment against you. They still have to prove their case; you can have a trial before a judge or a jury. You may have a defense to the lawsuit–and possibly your own counter-claim against the party suing you. You can of always represent yourself. But, with our help, you may increase the chance of winning and having the court enter a judgment in your favor, ruling that you owe nothing.
Even though you know the facts of your case best, you may be no match for the experienced debt collection lawyers who sued you and who know the law. We can protect your legal rights and defend you vigorously. If we accept your case, we will get paid our fees by your opponent, not you.
Before a bank or finance company can repossess your car, it has to comply with the applicable laws, for example, Florida’s Uniform Commercial Code (“UCC”). If it does not, you may have the right to sue to recover damages for the wrongful repossession.
We can review your repossession case at no cost to you. If you hire us, you will not have to pay our fees or costs.
IV. Credit Reports (and Identity Theft)
Incorrect credit reports can prevent you from obtaining a loan, cause you to pay higher interest rates, pay higher insurance premiums, and even keep your from getting a job. Fixing errors on a credit report can be a frustrating process, but it doesn’t have to be with our help. According to the Fair Credit Reporting Act (“FCRA”), creditors like CapitalOne, HSBC and Bank of America and credit bureaus (Equifax, Experian and TransUnion) have the duty to correct inaccurate information. If they don’t, you have the right to take them to court to force them to comply with the FCRA.
Although we do not offer credit repair services, we help consumers like you enforce your rights under the FCRA to make sure your credit reports are accurate. We can help you correct errors in your credit reports at no cost to you. The FCRA allows us to collect our fees and costs from the credit bureaus and creditors who reported the wrong information on your credit reports; you do not need to pay us to represent you.
Identity Theft
Identity theft is one of the fastest growing crimes in the United States–and police agencies don’t have the resources to fight it adequately. So, you need to take matters in your own hands. However, correcting an identity theft situation can be a cumbersome process. It is important to take steps quickly and decisively to minimize the damage to your credit history.
We can assist you in clearing-up an identity theft situation. We will collect our fees and costs, as permitted by the FCRA, from the credit bureaus and the creditors who do not correct the information in your credit reports.
In addition to credit bureaus which maintain and sell information about your credit history, there are other companies (for example, ChoicePoint, TeleCheck and many others) that collect and disseminate information about you. There are many companies that track your personal information pertaining to housing rentals, criminal incidents, insurance claims, medical histories, work problems, bank transactions, etc.
Errors in your background records can have obvious significant personal consequences, anywhere from not been able to rent an apartment of your choice, being denied the right to open a bank account or turned down for insurance.
As with credit bureaus, the FCRA governs your rights against those entities. Similarly, we can help you clear wrongful information contained in the records of those background companies. The FCRA provides for the payment of our fees and costs by the background companies or the entities that gave them the wrong information, so you will not have to pay our fees and costs.
About Leo Bueno
Leo Bueno is a Florida lawyer with more than 20 years of experience. Leo only represents consumers. See Leo’s résumé.
