Civil Litigation / Commercial Litigation
Credit reports are ingrained in American society and accepted as part of our national history. Credit reporting emerged about 200 years ago during the transition to a capitalist economy. The financial implications of credit reports now saddle us all with a lifelong financial identity which carefully tracks and monitors everyone’s credit cards, mortgages, student loans, and ongoing debt obligations. Credit reports are now more important than ever and can impact an individual’s ability to get a job, purchase a home, obtain utilities, or lease a vehicle. A single negative mark on your credit report could impair the ability to contract with corporations for any of these services.
Three credit reporting agencies monitor every American’s credit:
- Experian Information Solutions
- Trans Union
- Equifax Information Services
An error by any of these agencies, or an error on the part of a credit card company could have a drastic impact on your future. Even more troubling is the potential for identity theft. An individual could see their credit report spiral into the ground if their identity is stolen by someone who opens up dozens of lines of credit. These agencies are supposed to work to protect your credit identity, although you have a certain role to play as well in monitoring your credit. However, in situations where a credit reporting agency has not taken the necessary steps to investigate alleged identity theft, an individual may take action against the agency.
Going along with credit reports is the ongoing issue of aggressive debt collectors. Credit card companies and other agencies working to collect a debt must follow strict federal guidelines to dictate their behavior during this time. If the company violates this federal statute, they could be held responsible for corresponding damages.
Unfortunately, many cases concerning credit report errors, identity theft, and debt collection end up in court, despite the best efforts of consumers to mediate with the corporation. It is important to continue to pursue a claim through the court system to ensure that you receive the compensation you deserve, as well as to ensure that the offending company is held accountable for their actions. Civil litigation differs from criminal litigation in many ways, but above all in the burden of proof. A defendant in a criminal trial must be found guilty beyond a reasonable doubt, which is a more difficult hurdle to overcome. However, civil trials offer a lower burden of proof: by a preponderance of the evidence. It is therefore important to consult with an experienced consumer protection attorney as soon as possible after receiving notice of fraud.
Rodal Law Firm | South Florida Consumer Protection Attorney
If you or a loved one have been involved in a lawsuit involving credit card charges, or are being harassed by persistent robo-callers and debt collections, do not hesitate to contact Rodal Law. Our firm prides itself on its close interactions with our clients. From the day of your first contact with our firm, we will be committed to ensuring that you receive the damages you deserve or your charges are dropped. Contact our south Florida office near Broward and Miami-Dade county today for your initial free consultation.