Consumer Law

We handle a wide range of consumer claims. If you have been subject to any of these actions, please contact us. Individually or in the aggregate through a class action lawsuit, we may be able to help you obtain a substantial recovery.

Automated Calls to Cell Phones (also known as robocalls): Many autodialed or prerecorded calls to a cell phone are not only aggravating, they also violate the Telephone Consumer Protection Act, which is also known as the TCPA. If you received such calls but did not provide the cell phone number, we can help you recover between $500 and $1,500 per call.

ATM: Banks must post the proper notice on the outside of the ATM if charges will be imposed, in addition to a notice appearing on the screen. Damages range from $100-$1000 per violation.

Biometric Information: Under the Illinois Biometric Information Privacy Act (BIPA), any person or business scanning or otherwise obtaining your biometric information (such as fingerprints, face scans, etc.) must first obtain your written authorization, as well as institute a data destruction policy so that your information does not become compromised. Damages range from $1000-$5000 per violation.

Credit and Debit Card Receipts: Electronically generated credit / debit card receipts which show any digits of the credit / debit card number other than the last five or the expiration date violate the law and could entitle you to a recovery.

Collection Letters and Practices: The Fair Debt Collection Practices Act gives consumers certain rights and prohibits certain methods of attempting to collect debts. You may be entitled to recover up to $1000 plus actual damages. The most common violations include the following:
▪  Contacting family members, neighbors and employers
▪  Making threatening, false or abusive comments
▪  Notices of privacy rights / information practices that state that your information can be disclosed to subprime lenders and other third parties for marketing purposes
▪  Adding unauthorized collection charges
▪  Threatening to report a debtor to the Internal Revenue Service
▪  Threatening criminal prosecution (mainly on dishonored checks)
▪  Initial demand letters which insist on payment within less than 30 days or don’t clearly state the exact amount of the debt or suggest that the debt is increasing and that payment of some unspecified increased amount is required
▪  Sending large numbers of letters purporting to come from attorneys or collection agencies when that is not the case
▪  Demands for attorney’s fees when contracts provide for fees only if suit is filed
▪  Payday and other high interest loans made by lenders not licensed in Illinois

Credit Reporting Problems: Any type of inaccurate information on your credit report, whether resulting from identity theft, commingling of files, inaccurate reports by creditors, retention of obsolete information, etc. If TransUnion, Experian, Equifax, CSC, Credigy or Telecheck has refused to remove inaccurate information from your credit report, we may be able to help.

Mortgages: Where a mortgage company forced placed insurance during the first year of a loan when the HUD-1 shows that insurance was purchased or presented at the closing. Also:

▪  Escrow issues, such as failing to pay your taxes
▪  Paying a higher private mortgage insurance premium than initially quoted
▪  You were charged recording fees in excess of the amounts disbursed to the Recorder, or overnight delivery fees of $50 or more
▪  You obtained a loan modification and the lender is refusing to honor it or making mistakes with your payment or credit reporting.

Credit Cards: Attempting to transfer an account to a relative upon death or bankruptcy of the debtor, without consent of that relative, as well as credit reporting problems.

Medical Bills: A medical bill that should have been paid by workers’ compensation is sent to collections or reported on your credit.

For more information regarding consumer law and if you believe that you may have been subject to any of the above, contact Caffarelli & Associates for a free consultation!

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