Dish Network was fined $280 million for using illegal robocalls to promote services in Ohio, Illinois, North Carolina, and California. Dish Network was telemarketing services to consumers registered on the “Do Not Call” list, a national registry provided by the Federal Trade Commission that allows consumers to register any number to avoid receiving future robocalls from any company...
Doucet & Associates recently hosted our first coffee tasting event for our lawyers and staff. We tasted a variety of different types of coffee including a light blonde roast, a medium roast, and a dark roast...
March is National Credit Education Month and Doucet & Associates would like to invite you to read some of our articles on improving your credit, keeping track of your credit report, and your rights under the Fair Credit Reporting Act...
If your group is interested in learning about consumer law and consumer rights, Doucet & Associates Co., L.P.A. can help by arranging a one-hour presentation for your group...
Stolen or lost personal information such as a social security number, bank account, or a driver’s license number can lead to identity theft. Identity theft is the criminal act of using another person’s private information without consent for some type of financial gain...
Doucet & Associates Co., L.P.A. filed a lawsuit against a car dealership for allegedly selling a car with a different engine to our client without telling him. The dealership allegedly lied about the warranty the car was under too.
TransUnion and Equifax are refunding $17.7 million to consumers and paying $5.5 million in fines for giving consumers misleading and deceptive credit scores.
How to protect yourself when shopping online?
Considering the mass development of the internet and technology, many consumers find it convenient to do holiday shopping online. Shopping online can help save gas money, allows a consumer to easily compare prices, and can offer extra customization options for select products and services. Ohio consumers making purchases online are protected by the Consumer Sales Practices Act (CSPA), which is a series of regulations and rules the lawyers at Doucet & Associates Co., L.P.A. have experience working with.
The CSPA protects consumers from misleading, unfair, and bad business practices. It makes the businesses recognize and honor all promises and warranties, and prevents them from taking advantage of consumers. In Ohio, lawsuits involving violations of the CSPA allow fee shifting. Therefore, if a business loses a lawsuit to a consumer, then the business may be required to pay all the attorney fees for the consumer.
Businesses who engage in online retailing are expected to comply with the CSPA. If a consumer purchases an item online but receives the wrong item in the mail, then the vender is required to correct the problem at no extra charge. Typically, online retailers will replace the item or refund the consumer. Details about resolving issues with online purchases are usually listed in the disclaimer or legal terms section of the order summary or receipt.
The Mail or Telephone Order Merchandise Rule protects all orders placed over the internet and protects consumers who never receive products purchased online. This rule requires online retailers to follow the 30-day rule and ship online orders to consumers with a reasonable time period of 30 days. If the online retailer cannot fulfill the 30-day rule, the retailer must ask permission from the consumer to ship an order late or refund their order.
Under the Fair Credit Billing Act, it is also illegal for a retailer to charge a consumer for an item that may have been shipped but was never delivered. Packages can be stolen, delivered to the wrong address, or misplaced. If the online retailer refuses to refund the consumer for an order that was never delivered, then the consumer may try to contact the charge card company they used to pay. The charge card company may be willing to refund the consumers money for the troublesome transaction.
Consumers shopping online should also take precautions when buying products from foreign companies located outside the United States. Prices may not be listed in U.S. dollars and consumers may get charged with a currency exchange fee. Shipping will be more expensive and most likely take longer too. If a consumer never receives a package shipping from another country, correcting the order will be extremely difficult. Most online retailers require consumers to correct the problem in the retailers’ local court. So, if the retailer is located in Japan, you may have to go to Japan to fix the problem.
Selling products and services online is a great way for retailers to market themselves to more consumers. Retailers can also sell items online that they may not have instore. Whether the retailer is selling products in a store or online, the retailer is expected to follow the regulations of the CSPA. The consumer lawyers at Doucet & Associates Co., L.P.A. are experts at handling lawsuits involving the CSPA and can help consumers who have been misled and bullied by businesses during a transaction. Call us today at (614) 944-5219 for a consultation.
Can a debt collector call you during the holidays? It Depends
Getting a phone call from a debt collector during the holiday season can ruin your holiday spirit. The Fair Debt Collection Practices Act (FDCPA) restricts the actions of debt collectors, protects consumers, and punishes debt collectors with unruly, bad behavior. Troy Doucet, the firm principal here at Doucet & Associates Co., L.P.A., shares advice regarding the FDCPA and how to deal with unruly debt collectors during the holiday season in the article “Can a Debt Collector call you during the holidays?” in the Atlanta Journal-Constitution.
The FDCPA punishes debt collectors who contact consumers with repetitive, harassing behavior and restricts them from calling consumers at inconvenient times. Calling in the middle of the night or calling a consumer at work are typical examples of an inconvenient time, but holidays may also be arguable inconvenient and a violation of the FDCPA.
Under the FDCPA, consumers are allowed to send a written letter asking a debt collector to stop calling. After, the debt collector may contact the consumer one more time to inform them they plan to take legal action. If the debt collector continues to contact the consumer after the letter, then a consumer litigation lawyer at Doucet & Associates Co., L.P.A. can help determine if the FDCPA has been violated. Once a consumer has legal representation, the debt collector cannot contact the consumer directly without permission of the lawyer.
In Ohio, lawsuits dealing with the FDCPA allow fee shifting. This means if the lawyers at Doucet & Associates Co., L.P.A. can help you win a lawsuit against a debt collector for bad and unruly behaviors, the debt collector will have to pay all of our attorney fees for you. Contact an experienced lawyer at (614)944-5219 for your consultation today.
Credit Reports are Improving Since the Housing Crisis
Homeowners that suffered from foreclosure during the housing crisis and Great Recession are starting to get their foreclosure histories taken off their credit reports. Removing foreclosure from a credit report can make it easier for a consumer to increase their credit score. Doucet & Associates Co., L.P.A. helps consumers’ correct errors on their credit reports and assists homeowners fight foreclosure.
The Great Recession refers to the economic decline during the financial crisis and the housing crisis that happened between 2007 and 2009. The rise of unemployment during the financial crisis caused many homeowners to fall into foreclosure, which negatively impacted their credit reports. Foreclosure stays on a consumer credit report for seven years.
There are many reasons that simultaneously caused the recession. The rise in foreclosures and drop in number of people buying homes at that time led to the United States housing bubble collapsing. The prices of homes were dropping, current homeowners were struggling to pay back mortgages, and people were frantically looking for jobs after being laid off. The recession left many Americans with long-lasting consequences.
If your foreclosure history is not being removed from your credit report, the Fair Credit Reporting Act (FCRA) grants consumers the right to write a letter asking the credit reporting agency investigate the error. The removal of foreclosure from a credit report is going to influence consumers getting approved for lower interest rates. If the credit reporting agency is denying your request to have foreclosure cleared from your credit report after seven years the lawyers at Doucet & Associates Co., L.P.A. can provide legal assistance. Contact us today at (614)-944-5219.