Practice Areas

I limit my practice to representation of consumers in consumer protection law matters. The type of cases I handle include:

Credit card defense

Have you been sued by a credit card company? A debt buyer or collection agency?

The past several years have seen a significant increase in the number of lawsuits filed by companies who have bought up credit card debt and automobile deficiency claims. These “debt-buyers” file suit in great numbers in justice of the peace courts, county and district courts. Just because you have been sued does not mean a judgment will be rendered against you. Often, the debt buyers lack sufficient documentation to substantiate their claims.

Being represented by an attorney who is knowledgeable about the burdens of proof, the required documentation and possible defenses can make the difference in the outcome of collection lawsuits. The ups and downs of the economy have left many people unable to keep up with credit card payments and sometimes get sued for the debt. I have handled a number of credit card collection cases and obtained favorable recoveries for my clients, including preventing judgments from being rendered, in many cases.

If you have been sued, it is important that you act quickly to hire representation. There are deadlines by which responses must be made in order to defend such lawsuits.

Credit card billing errors

It is not uncommon for erroneous charges or fees to show up on a credit card bill or to be charged for a purchase you did not authorize. Federal law provides a means to challenge the mistake and, if not corrected, to bring a suit against the credit card company for failing to make the correction.

Creditor harassment

No one disputes the rights of creditors to collect debts which are owed them. Federal and state laws limit the means creditors or debt collectors may use in their attempts to collect debts. Debt collectors may not harass you, use profanity, threaten criminal charges, garnishment of wages or a lien on your house, threaten to collect more than the actual debt and or threaten to collect a debt which you do not owe.

Credit Report Errors

A good credit record has become essential to most everyone for moving ahead, whether it be to obtain a loan to buy a home, lease an apartment or even obtain a new job. Unfortunately, errors in credit reports are quite common. The Fair Credit Reporting Act governs how the credit reporting agencies are required to treat your credit information and requires they keep accurate records. You are entitled to obtain one free credit report from each credit reporting agency each year. The request may be made online: www.annualcreditreport.com. If you find an inaccuracy on your credit report and dispute it with the credit reporting agencies, they, and the creditor who is reporting the account, are required to conduct a reasonable investigation, and if it cannot be verified, make the correction or deletion. The best practice is to dispute the inaccuracy in writing and send any information which supports your claim. Failure to conduct a reasonable investigation may provide the basis for a lawsuit under the Fair Credit Reporting Act. I have handled many cases under the FCRA and can assist you in obtaining a resolution of credit reporting errors and money damages.

Identity theft is another common problem which also has a remedy under the Fair Credit Reporting Act. I have assisted many clients in making the proper record and notifications to correct negative reporting which resulted from identity theft.

A variation of identity theft is the problem of mixed files. Sometimes a credit reporting agency mixes the file of one consumer with that of another, reporting one consumer’s credit history on another’s file. The problems that can arise from this scenario are numerous and can cause major upheavals in a consumer’s life. Much of the problem is caused by the way credit reporting agencies handle credit files and their failure to separate consumer’s credit files gives rise to legitimate lawsuits to account for the damage caused by their practices and failure to correct their errors.

Your credit report should be accessible only to those to whom you have given permission. Your current creditors and those to whom you apply for credit are the main actors allowed to view your credit report. If your credit report is reviewed by someone who does not have a permissible business purpose, you may have a cause of action against them for the violation. I have handled a number of cases where this has occurred.

Auto Sales Fraud

There are many ways a transaction to purchase a vehicle may go wrong. State and federal laws regulate information which must be disclosed to a buyer and how the transaction should be documented. Other possible violations in connection with a car purchase may include:

  • Errors in Odometer disclosure
  • Undisclosed wreck or damage
  • Failure to deliver title
  • Failure to disclose salvage or branded title
  • Breach of warranty
  • Wrongful Repossession
  • Failure to honor sales contract

Servicemembers Civil Relief Act

We are all aware of the tremendous sacrifices made by the men and women who wear the uniform of the United States Military, especially when deployed overseas. Many protections are provided to servicemembers in how their obligations are handled while serving. I have assisted servicemembers in disputes with creditors who have not complied with the law and in obtaining relief from the violations.

I have practiced law for twenty five years and as a solo practitioner concentrating on consumer law matters since 1994. I have handled claims in state and federal courts for a wide variety of matters, obtaining relief and remedies for consumers. The cases I have handled include violations of state laws, federal laws and common law causes of action. As a true solo practitioner, I take a hands-on approach in dealing personally with my clients, evaluating their options and keeping them informed of the progress of their case. Many of the claims which can be brought also allow for the recovery of reasonable attorney fees.