Consumer Rights Lawyers

We provide aggressive, effective representation to consumers whose rights have been violated or are being sued. This includes defending debt collection actions (such as credit card lawsuits), filing lawsuits under the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, the Telephone Consumer Protection Act, various state and federal consumer protection laws, and for consumer fraud.

This is the exact reason why laws have been developed to protect individuals and small business owners from the abuses of big business, banks, and insurance companies in the marketplace.

Below, we’re talking about the top consumer rights violations and how we can help you navigate and defend yourself against wrongdoing by big business, getting you the settlement you deserve.

FDCPA

The Fair Debt Collection Practices Act (FDCPA) is a federal law that limits the behaviors and actions of debt collectors who are attempting to collect debts on behalf of another person or business entity.

This act is designed to protect individuals from abuse, deception, and unfair debt collection practice. It prohibits debt collectors from using misleading, false, or deceptive representations in the pursuit of debt collection. Furthermore, it prohibits the use of unfair or unconscionable means to collect debts. This includes the attempt to collect on debts that the debt collector is not legally entitled to collect. 

Common FDCPA violations include:

  • Calling you before 8 in the morning or after 9 at night.

  • Calling third parties more than once in an attempt to locate you.

  • Telling third parties that they are attempting to collect a debt from you.

  • Attempting to collect on a debt that is not valid (e.g. one that you previously paid or has been barred by the statute of limitations).

  • Making threats or implying jail time or other legal actions for reluctance to pay

An FDCPA claim can be opened by an individual or it can be brought on as a class action suit. Damages under an individual lawsuit can include actual damages, statutory damages up to $1,000.00, and attorney’s fees. The damages for class actions can include actual damages, statutory damages up to $500,000.00 or 1% of the net worth of the debt collector, and the attorney’s fees.

Wrongful Garnishment

Garnishments, sometimes called wage garnishment, is when money is withheld from your paycheck and sent to another party. This refers to a legal process that instructs third parties to deduct payment directly from your wages or bank account.

The garnishment of your wages directly from your employer is one of the more common practices. Per Arizona law, wages can be garnished in an amount of up to 25% of your wages. Arizona’s law is very tightly controlled and can be a powerful tool for the collection of a judgment.

While garnishment can be legal, there are also often what we refer to as wrongful garnishments. This is where debt collectors collect far more than the face amount of the judgment. In these cases, you can file a claim and go after the party for wrongful garnishment.

Consumer Fraud

Consumer fraud is any instance in which an individual suffers a financial or personal loss due to an unfair, deceptive, false, or illegitimate  representation in connection with the sale of merchandise. Typically, consumer fraud is targeted to the most naïve and vulnerable segments of the population like the elderly and college students. However, anyone can be the victim of consumer fraud.

The definition of merchandise under the Arizona Consumer Fraud Act includes any goods, intangibles, real estate, or services. In the US, the FTC (Federal Trade Commission) is the agency that’s responsible for protecting American consumers from deceptive or fraudulent business practices. Identity theft is the most common type of consumer fraud.

Creditor Lawsuit

A creditor lawsuit occurs when a creditor files a petition with the court to pursue a lawsuit against a consumer who owes them money. These lawsuits tend to be very expensive and time-consuming, however, some creditors will choose to pursue this type of lawsuit to collect on their alleged debt repayment.

Our lawyers are skilled in all aspects of creditor lawsuits. We’re equipped to advise and represent both debtors and creditors in collection matters as well as with other disputes. When working with debtors, we aggressively defend against collection lawsuits on your behalf. When applicable, we’ll also provide valuable counsel regarding bankruptcy, settlement, and other debt-relief avenues. We’re also prepared to represent you as the debtor in actions under the Fair Debt Collection Practices Act.

Consumer Protection

Arizona’s consumer protection laws highlight a number of areas of commerce in which consumers are often exploited. According to consumer protection laws in Arizona, consumers and anyone doing business in Arizona should NOT be subjected to the following:

  • Fraudulent transfer

  • Fraudulent conveyance or another transaction with intent to defraud others

  • Fraudulent practices related to vehicle odometers or vehicle classification

  • Violations of acceptable telephone solicitation practices and processes

  • Failure to disclose aftermath crash parts


Arizona Consumer Rights Lawyers That Will Defend Your Case

If you feel that you have been the victim of any type of consumer rights violations, please contact us. Our consumer rights lawyers want to ensure that you are clear on your rights and that you get the representation you deserve.

We care about you, your family, and your future which is why we defend against consumer rights violations to the fullest extent. Get in touch with us today to begin discussing your case.

Consumer Protection Laws:

Fair Debt Collection Practices Act

The FDCPA protects consumers from abusive, unfair, or deceptive debt collection practices.

Fair Credit Reporting Act

The FCRA protects consumers against creditors or potential supplying negative credit information or improperly pulling their credit.

Telephone Consumer Protection Act

The TCPA protects consumers from unsolicited telemarketing using an automated telephone dialing system or artificial or prerecorded messages without prior express consent..