Consumer Protection is an area of law that focuses on representing and protecting the rights of consumers. Federal and state consumer protection laws defend buyers from unfair business practices and various forms of fraud. Federal and state laws prevent deceptive, fraudulent, or misleading business actions. When those laws are violated, consumers can fight back by filing a lawsuit. Faraci Lange represents consumers who are victims of these unlawful business practices.
The Federal Trade Commission (FTC) is the chief federal agency that works to enforce consumer protection laws in the United States. The federal consumer laws that the FTC enforces include:
- Magnuson-Moss Warranty Act – requires manufacturers and sellers to explain warranty coverage, terms and exclusions
- Fair Credit Reporting Act (FCRA) – outlines the steps needed to correct errors on a credit report
- Fair Credit Billing Act – establishes how to correct billing errors on credit card accounts, including fraudulent charges
- Fair Debt Collection Practices Act (FDCPA) – prevents debt collectors from using unfair and deceptive practices to collect overdue bills
- Credit Card Accountability, Responsibility and Disclosure Act (CARD Act) – limits fees and penalties charged by credit card companies, as well as when they may increase interest rates and by how much
- Identity Theft and Assumption Deterrence Act of 1998 (ITADA) – formed services for education on identity theft and filing complaints on identity theft
- Truth in Lending Act (TILA) – credit card companies cannot bill an individual more than $50 per card for unauthorized charges made to those cards
In order to prove common law (or judge-made law) fraud, the following items need to be shown:
- A false statement of “material fact” (a fact important to your decision to go through with the transaction) was made by the business.
- The business that made the statement knew or believed the statement was false.
- The consumer relied on the false statement and suffered damages.