Both the Federal Fair Credit Reporting Act (FCRA, codified at 15 U.S.C. SS1681-1681x) and the State of California Consumer Credit Reporting Agencies Act (CCCRAA, codified at Calif. Civil Code SS 1785.1-1785.36) provide consumers with certain protections concerning the fairness and privacy of information in the files of consumer reporting agencies ("CRA"). For negligent violations of the Acts, a consumer may recover under both the FCRA and the CCCRAA actual money lost by the consumer arising from the violations, plus attorney's fees and costs for bringing the lawsuit. For willful violations of either Act, however, a consumer may recover statutory damages of up to $1,000 per violation under the Federal Act and up to $5,000 per violation under the State Act, as well as attorney's fees and costs, and possibly punitive damages. Because the attorney's fees and costs are guaranteed to be paid by the defendant found in violation, then it may cost you NOTHING to file this lawsuit.
Below are some common violations of these Acts. The violations listed below might also trigger violations of other laws, such as the Federal and Rosenthal Fair Debt Collection Practices Acts.
The Federal Fair Debt Collection Practices Act (FDCPA) regulates how debt collects can attempt to collect a debt from consumers. These laws only apply if the alleged debt is a consumer debt, meaning it was incurred for personal or household purposes. If you are not sure whether your circumstances fit in this area of law, please contact us immediately to discuss whether a different violation has occurred. Learn More ...
The statute authorizes a private cause of action by a person, including the debtor or any other person affected by the provisions of the statute, to be brought against the collector within one year from the date of violation.You may be entitled to up to $1,000, actual damages, and attorney's fees, so there will be NO FEE for asserting your claim. Also, they could owe you $500 per phone call. Learn More ...
A couple minutes into my first phone conversation with Jared and Bob, I knew I found the right team. I felt like I was talking with family. They never sugar-coated anything, but I never felt scared or worried because I had so much confidence in their experience, knowledge of the law, and professionalism. I can confidently recommend Jared Hartman and Bob Semnar without hesitation and wish them continued success down the road.
Bob is an excellent attorney. He has helped me resolve issues that I had thought would never get fixed. He is extremely knowledgeable about consumer rights and really does fight for the little guy. After years of trying to fix multiple errors and dealing with collection agencies that didn't bother to follow the rules even when I did, Bob was able to get everything fixed for me and forced these companies to follow the law.
Jared is an exceptional Lawyer. He handled all aspects of our case providing very good advise. He knew what needed to be done and did it. Without his diligence and guidence throughout the process we would have been totally lost. I can honestly give him my highest recommendation.