
Examples of federal and local statutes:
Credit Terms-Fair credit billing
act (FCBA)
Finance Companies-Consumer leasing
act (CLA)
Banking Transactions-Electronic
Funds Transfer Act (EFTA)
Real Estate/ Mortgage
Finance-Real Estate Settlement and Procedure Act (RESPA)
*Please note these cases are limited to "consumer" or "personal" transactions.
Our services are not intended for business related matters. If your
case is business related we may be able to refer you to a competent
attorney in our network.
Virtually all the consumer statutes relating to deceptive practices
are less stringent than common law fraud.
To prove your case you will need to show:
A false representation of the fact.
You relied on that representation.
You were damaged as a result of the false representation. (Even
nominal damages are sufficient)
The company knew (or should have known) of the falsity.
The falsity was intentional. This depends on the case; not all claims
will
require proof of intentional falsity.
Have any of these things happened to you? If so, your rights may have
been violated.
A. Credit Terms (FCBA)
You applied for a credit card or other line of credit/ financing at
an agreed APR of 5% and when you start reviewing your billing statements
you notice:
Administrative or activation fee that you were not told about.
The interest rate is higher than the percentage you agreed to and
you were not notified of this rate.
Your interest is compounded on top of your balance, which already
included interest.
B. Finance Agreement/cars/ leases (CLA)
If you have experienced any of the following issues listed below, which
are governed by the Consumer Leasing Act, you may be entitled to $1,000
plus actual damages and attorneys' fees:
Nondisclosure of lease terms
Unreasonably early termination of lease
Default
Excess mileage and wear
C. Electronic Banking Transactions (EFTA)
You had unauthorized charges placed on your debit card.
You withdrew money from a bank/ATM machine and there was no disclosure
about the "service fee" or "additional charge."
There was a NOTICE for ADDITIONAL FEE. (example: $1.00 but the actual
fee was more - for instance $1.75)
D. Real Estate/Mortgage Finance
(RESPA) 
The Real Estate Settlement Procedures Act protects consumers entering
into real estate transactions.
If you are purchasing or you have purchased a home or have refinanced
within the last two years, forward us your HUD-1 statement for a free
analysis. Often mortgage companies hide fees and mislabel them with
the intention of squeezing a few more dollars out of you in closing
costs at the last minute. The law regulates kickbacks and the role of
title companies.
A mortgage bank can be deceptive by claiming that they are getting you
the "best loan possible" and "lowest rates" when in fact there are better
deals available. They might not tell you about these deals because they
want to increase their own profits.
There are many more examples of deceptive practices that are not listed
here. If you feel you may have experienced some type of unfair treatment
in consumer finance contact us with your questions for a free
evaluation by one of our attorneys.