Denha & Associates, PLLC Blog

What Is Consumer Law And How Does It Work For You?

By: Lance T. Denha, Esq.

Consumer law governs everyday contracts and individual consumers acting on their own behalf. These laws are designed to protect your basic rights as a consumer. In other words, they level the playing field for protection and provide a basis for recourse if you should be financially harmed. Consumer protection laws are federal and state statutes governing sales and credit practices involving consumer goods. Such statutes prohibit and regulate deceptive or unconscionable advertising and sales practices, product quality, credit financing and reporting, debt collection, leases, and other aspects of consumer transactions. The goal of consumer protection laws is to place consumers, who are average citizens engaging in business deals such as buying goods or borrowing money, on an even par with companies or citizens who regularly engage in business.

Consumer laws that protect consumers cover monetary transactions such as retail purchases from consumers, credit card debt, personal loans, as well as home buying and investing. This article is designed to make the public aware that certain laws exist and are designed to help protect consumers to settle a vast majority of consumer disputes utilizing several forms of resolution including: Negotiation, Mediation, Arbitration and Court Proceedings.

Your rights and obligations as a consumer may be affected by many areas of law. These laws regulate a wide variety of consumer transactions and are the very essence of defending against misleading and deceptive practices. There are several laws which claims can be brought under on behalf of wronged consumers, such as: Consumer Credit Protection Act; Truth and Lending Act; Fair Debt Collection Practices Act, and the Fair Debt Reporting Act, just to name a few.

Consumer litigation represents consumers in federal, state and local courts against lenders, debt collectors, and merchants. Consumers are often victims of identity theft, are sued on debt they do not owe, or have had judgments rendered against them in procedurally defective collection suits.

Employing thorough investigation methods, using audits, securitization analysis, and review of any lawsuits initiated by a creditor, a consumer attorney may be able to defend these actions as well as countersue through any of the aforementioned federal statutes. Each case needs to be evaluated on its own merit. In addition, there are state governing laws with similar protections afforded consumers. For example, if you have a debt in which a third party collector is constantly nagging you for payment and ultimately attempts to initiate a lawsuit against you, by hiring a qualified attorney they may be able to dispute the debt and may even bring a lawsuit due to the fact that they do not have the proper paperwork attached in court to receive a judgment.

Know your rights and defenses by seeking consultation against unverified and potentially illegitimate claims by certain creditors who may be pursuing you illegitimately by using illegal tactics or simply not having the capacity or right to do so. When it comes to your debt, don’t take chances and obtain legal assistance.