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| Copyright ©2006 by Deming, Parker, Hoffman, Campbell & Daly, L.L.C. All rights reserved. Metro Atlanta, Georgia | Savannah, Georgia You may reproduce materials available at this site for your own personal use and for non- commercial distribution. All copies must include the above copyright notice. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. |
Green, Campbell & Daly, L.L.C. |
| ___________________________________________________________________________________________________ |
| _________________________________________________________________________________________________________ |
| Consumer Protection Laws |
Expedited Funds Availability Act
The Expedited Funds Availability Act requires all banks, savings and loan associations, savings banks, and
credit unions to make funds deposited into checking, share draft, and NOW (Negotiable Order of Withdrawal, a
form of interest bearing checking) accounts available according to specified time schedules and to disclose
their funds availability policies to their customers. The law does not require an institution to delay the
customer's use of deposited funds but instead limits how long any delay may last. The regulation also
establishes rules designed to speed the return of unpaid checks. (12 U.S.C. § 4001.)
Fair Credit and Charge Card Disclosure Act
The Fair Credit and Charge Card Disclosure Act requires new disclosures on credit and charge cards, whether
issued by financial institutions, retail stores, or private companies. Information such as APRs, annual fees, and
grace periods must be provided in tabular form along with applications and pre-approved solicitations for
cards. The regulations also require card issuers that impose an annual fee to provide disclosures before
annual renewal. Card issuers that offer credit insurance must inform customers of any increase in rate or
substantial decrease in coverage should the issuer decide to change insurance providers. (15 U.S.C. § 1637(c)
-(g).)
Fair Credit Billing Act
The Fair Credit Billing Act establishes procedures for the prompt correction of errors on open-end credit
accounts. Also, it protects a consumer's credit rating while the consumer is settling a dispute. (15 U.S.C. §1666-
1666j.)
Fair Credit Reporting Act
The Fair Credit Reporting Act establishes procedures for correcting mistakes on a person's credit record and
requires that a consumer's record only be provided for legitimate business needs. Also, it requires that the
record be kept confidential. Judgments, liens, suits, and other adverse information may be retained in your
credit file for seven years. Bankruptcies may be retained 7 or 10 years. If a consumer has been denied credit,
a cost-free credit report may be requested within 30 days of denial. (15 U.S.C. §1681.)
Fair Debt Collection Practices Act
The Fair Debt Collection Practices Act is designed to eliminate abusive, deceptive and unfair debt collection
practices. It applies to third party debt collectors or those who use a name other than their own in collecting
consumer debts. Very few commercial banks, savings banks, savings and loan associations, or credit unions
are covered by this Act, since they usually collect only their own debts. Complaints concerning debt collection
practices should generally be filed with the Federal Trade Commission. (15 U.S.C. § 1601.)
Fair Housing Act
The Fair Housing Act prohibits discrimination on the basis of race, color, gender, religion, handicap, familial
status, or national origin in the financing, sale or rental of housing. (42 U.S.C. § 3604.)
The Federal Trade Commission Act
The Federal Trade Commission Act requires federal financial regulatory agencies to maintain a consumer
affairs division to assist in resolving consumer complaints against institutions they supervise. This assistance is
given to help get necessary information to consumers about problems they are having in order to address
complaints concerning acts or practices which may be unfair or deceptive. (15 U.S.C. §§ 41-58.)
Home Equity Loan Consumer Protection Act
The Home Equity Loan Consumer Protection Act requires lenders to disclose terms, rates and conditions
(APRs, miscellaneous charges, payment terms, and information about variable rate features) for home equity
lines of credit with the applications and before the first transaction under the home equity plan. If the disclosed
terms change, the consumer can refuse to open the plan and is entitled to a refund of the fees paid in
connection with the application. The Act also limits the circumstances under which creditors may terminate or
change the terms of a home equity plan after it is opened. (15 U.S.C. § 1637-1647.)
Home Mortgage Disclosure Act
The Home Mortgage Disclosure Act (HMDA) requires certain lending institutions to report annually on their
originations and purchases of mortgage and home improvement loans as well as applications for such loans.
The type of loan, location of the property, race or national origin, sex and income of the applicant or borrower
is reported. Institutions are required to make information regarding their lending available to the public and
must post a notice of availability in their public lobby. Disclosure statements are also available at central
depositories in metropolitan areas. This information can help the public determine how well institutions are
serving the housing credit needs of their neighborhoods and communities. (12 U.S.C. § 2810(a)-(c).)
Identity Theft and Assumption Deterrence Act of 1998
The Identity Theft and Assumption Deterrence Act of 1998 (Identity Theft Act) was enacted to address the
problem of identity theft. Specifically, the Act amended 18 U.S.C. § 1028 to make it a federal crime when
anyone:
Knowingly transfers or uses, without lawful authority, a means of identification of another person with the intent
to commit, or to aid or abet, any unlawful activity that constitutes a violation of Federal law, or that constitutes a
felony under any applicable State or local law.
Mail or Telephone Order Rule
The FTC Mail or Telephone Order Rule affects merchandise a customer orders from the seller by mail or
telephone. It applies to orders of merchandise made either directly or indirectly by telephone, including via fax
machines and computers. It does not matter how the merchandise is advertised, how the customer pays, or
who initiates the contact. (16 C.F.R. Part 435.)
This rule requires sellers who advertise through the mail or sell merchandise by telephone must have a
reasonable basis for stating or implying that they can ship within a certain time. If shipment statement is not
included, the seller must have a reasonable basis for believing that he or she can ship within 30 days.
If, after taking the customer's order, a seller learns that he or she cannot ship within the time stated or within 30
days, the customer's consent to the delayed shipment must be obtained. If the seller cannot obtain the
customer's consent to the delay -- either because it is not a situation in which the seller is permitted to treat the
customer's silence as consent and the customer has not expressly consented to the delay, or because the
customer has expressly refused to consent -- the seller must, without being asked, promptly refund all the
money the customer paid for the unshipped merchandise
National Flood Insurance Act
National Flood Insurance is available to any property holder whose local community participates in the national
program by adopting and enforcing flood plain management. Federally regulated lenders are required to
compel borrowers to purchase flood insurance in certain designated areas. Also, lenders must disclose to
borrowers if their structure is located in a flood hazard area. (42 U.S.C. § 4001.)
Real Estate Settlement Procedures Act
The Real Estate Settlement Procedures Act requires that a consumer be given advance information about the
services and costs involved in the closing of a residential mortgage. Also, it limits the amount that can be
collected for mortgage escrow. (12 U.S.C. § 2601.)
Rights to Financial Privacy Act
The Right to Financial Privacy Act provides that customers of financial institutions have a right to expect that
their financial activities will have a reasonable amount of privacy from federal government scrutiny. The Act
establishes specific procedures and exemptions concerning the release of the financial records of customers
and imposes limitations on and requirements of financial institutions prior to the release of such information to
the federal government. (12 U.S.C. § 3401.)
Telemarketing and Consumer Fraud and Abuse Prevention Act
The Telemarketing and Consumer Fraud and Abuse Prevention Act was enacted by Congress to give the FTC
the specific authority to establish rules for the prevention of deceptive and fraudulent telemarketing practices.
(15 U.S.C. §§ 6101-6108.) Call (888) 5OPT-OUT to have your name removed from marketing lists sold by
credit bureaus.
Truth in Leading Act
The Truth in Lending Act requires disclosure of the "finance charge" and the "annual percentage rate" -- and
certain other costs and terms of credit--so that a consumer can compare the prices of credit from different
sources. It also limits liability on lost or stolen credit cards. (15 U.S.C. §§ 1601-1667(f).)
CONSUMER CONTACT LIST
Metro Atlanta, Georgia:
Atlanta Better Business Bureau
(404) 688-4910
Check with the BBB for reports on local companies, if complaints have been made against the companies and
what was done. The BBB also publishes a list of charities that meets its criteria of services for various
consumer-business disputes, and issues warnings about consumer scams.
Consumer Credit Counseling Service
(404) 527-7630
If you are in debt and considering bankruptcy, call this nonprofit agency first. Depending on several factors, it
may be able to work out a repayment program with your creditors that will prevent your filing bankruptcy, an act
that would remain on your credit report for as long as 10 years.
Georgia Department of Labor
(404) 656-3017
EEOC Complaint Hotline
(404) 331-6531
Georgia Insurance Commission Office
(404) 656-2070
Georgia Office of Consumer Affairs
(404) 656-3790
This office oversees the Georgia Fair Business Practices Act, accepts consumer complaints about companies
and investigates violations of the Act. It also administers the Georgia Motor Vehicle Warranty Rights Act, the
auto lemon law that provides for replacement or repurchase of your car if you win an arbitration decision.
Georgia Secretary of State
(404) 656-2881
This office regulates or oversees business or consumer operations, including investments and charities, and
administers licensing boards for 35 trades or professions, ranging from architects to used-car dealers. It also
maintains registration files on corporations in Georgia; including the names of officers.
Postal Inspection Service
(404) 608-4500
For mail fraud, this legal agency is often the first to take action and, if you suspect mail fraud, you may just call
it direct. The inspection service closes down many mail scams, but new ones pop up constantly. Your best
protection against fraud is your own strong suspicion of any mail offer that's too good to be true.
Georgia Physicians Board
(404) 656-3913
Georgia Public Service Commission
(404) 656-4501
Georgia Student Finance Commission
(770) 414-3300
For parents of college-bound students, or students now in college, this is the number to call for information
about Hope Scholarships and information about other sources of financial aid or scholarships. In most cases,
Jan. 1 is the earliest date to apply for much of the aid.
Nationwide:
American Family Publishers
If you need to verify a sweepstakes offer from American Family Publishers, contact them at 800/237-2400.
American Society of Travel Agents
(703) 739-2782
Millions of Americans have received postcards or letters describing wonderful vacations, and they often are
written in a way to make recipients think the trips are free or low-priced. But they are not, and victims who
accept the offers never receive the trips or pay several hundred dollars for them. Before responding to any
such offer, call the nation's major association of travel agents for warning signs of scams.
Call for Action
5272 River Road, Suite 300
Bethesda, MD
800-647-1756
(202) 537-0585
If you need to verify the legitimacy of a sales organization before you make a purchase, contact Call for Action.
They can also help you try to recover money lost through fraud. In addition, you can contact your state
attorney general, your local consumer protection organization or the Better Business Bureau. Your local phone
directory has phone numbers and addresses.
Consumer Product Safety Commission
If you encounter a problem with a consumer product or you want information, you can get in touch with the
Consumer Protection Safety Commission:
- To report an unsafe consumer product or a product-related inquiry, call the CPSC toll-free Hotline at
(800) 638-2772 or (800) 638-8270 for the hearing and speech impaired (The hotline has bilingual
English- and Spanish-speaking staff); - To request a free copy of publication listings, write to: US Consumer Product Safety Commission,
Washington, D.C. 20207; - To comment on the enforcement actions of the Consumer Product Safety Commission, call 888-REG-
FAIR (1-888-724-3247); or - For additional information, contact our nearest field office (see the following list).
- Fax-on-demand: (301) 504-0051
- Web site address: http://www.cpsc.gov
Here is the contact information for the Consumer Product Safety Commission near you:
- US CPSC Eastern Regional Center
201 Varick Street, Room 903
New York, NY 10014-4811
(212) 620-4120
Fax: (212) 620-5388
US CPSC Central Regional Center
230 S. Dearborn Street, Room 2994
Chicago, IL 60604-1601
(312) 353-8260
Fax: (312) 353-5013
US CPSC Western Regional Center
1301 Clay Street, Suite 610 N
Oakland, CA 94612
(510) 637-4050
Fax: (510) 637-4060
Headquarters Compliance Staff
Office of Compliance
US CPSC
Washington, D.C. 20207
(301) 504-0621
Fax: (301) 504-0012
Publications
Office of Information and Public Affairs
US CPSC
Washington, D.C. 20207
Small Business Ombudsman
US CPSC
Washington, D.C. 20207
(800) 638-2772, x 234
Fax: (301) 504-0121
E-mail: tmurr@cpsc.gov
There are three major credit bureaus and your credit reports in these bureaus will mainly determine the
amount of credit or loans you receive. Mistakes are sometimes made in your report that you need to correct.
For instructions on getting your report and correcting any mistakes, contact:
EQUIFAX 800-685-1111
EXPERIAN 888-397-3742
TRANS UNION 800-916-8800
Direct Marketing Association
1101 17th St., N.W. #705
Washington, D.C. 20036
Contact the Direct Marketing Association at the above address for assistance with consumer complaints
involving mail or telephone orders.
Direct Marketing Association
6 East 43rd Street
New York, New York 10017
Contact the Direct Marketing Association at the above address if you have questions about unordered
merchandise that you have received.
Direct Marketing Association
Telephone Preference Service
P.O. Box 9014
Farmingdale, NY 11735-9014
Contact the Direct Marketing Association at the above address if you need to stop unwanted telephone sales
calls. Include your name, address, and telephone number.
Under the Telephone Consumer Protection Act of 1991, you can ask that companies put you on their "do not
call" lists. If the company calls you again, you can bring action in Small Claims Court.
Direct Selling Association
1776 K St., N.W.
Washington, D.C. 20006
Contact the Direct Selling Association at the above address for help in dealing with a complaint involving a
door-to-door sale.
Federal Trade Commission
Consumer Response Center
600 Pennsylvania Ave, NW, Washington, DC 20580
If you want to make a complaint or need information, contact the FTC's Consumer Response Center at the
above address. Or call them toll-free 1-877-FTC-HELP (382-4357) TDD: 202-326-2502. You can also use
their online complaint form on the Internet.
Although the Commission cannot resolve individual problems for consumers, it can act against a company if it
sees a pattern of possible law violations. The FTC also publishes free brochures on many consumer issues.
For a complete list of publications, contact the FTC's Consumer Response Center at the above address.
Federal Trade Commission
Correspondence Branch
Washington, D.C. 20580
Contact the Federal Trade Commission's Correspondence Branch if:
- You have a complaint about sales practices that involve the Cooling-Off Rule;
- You have complaints regarding sales practices of companies or telemarketers;
- You have been victimized by a sweepstakes scam; or
- You need to report a warranty violation.
- Although the FTC does not handle individual disputes, the information you provide may help the agency
in its enforcement efforts.
Federal Trade Commission
Public Reference Branch - Room 130
Sixth St. & Pennsylvania Avenue, N.S.
Washington, D.C. 20580
Contact the FTC's Public Reference Branch at the above address to receive a free pamphlet about
telemarketing "double-scamming" frauds prepared by the FTC in cooperation with Call For Action. Or call (202)
326-2222; TTY for the hearing impaired at (202) 326-2502
Million Dollar Dream Sweepstakes (Time, Inc.)
If you need to verify a sweepstakes offer from Million Dollar Dream Sweepstakes, contact them at 800/541-
1000.
National Charities Information Bureau
19 Union Square West
New York, NY 10003-3395
212-929-6300
You can contact the National Charities Information Bureau to check out a charitable organization before you
donate your money.
National Fraud Information Center
This operation was formed by several consumer, private and government groups to fight the burgeoning
growth of mail, telemarketing and investment fraud, now estimated to be $40 billion annually. If you have
questions or complaints about a telemarketer or sweepstakes, call the National Fraud Information Center at
800/876-7060. The center takes calls from consumers who are suspicious about offers and forward complaints
to appropriate legal agencies. You should contact your local consumer protection agency or attorney general's
office if you have been victimized by a scam.
Publishers Clearing House
If you need to verify a sweepstakes offer from Publisher's Clearing House, contact them at 800/645-9242.
Reader's Digest Sweepstakes
If you need to verify a sweepstakes offer from Reader's Digest, contact them at 800/234-9000.
Social Security
Almost anything you want to know about Social Security, including the amount of taxes you have paid to date
and what you might expect to receive in benefits once you retire, is available by calling 800-772-1213.
The above contains general information and is not tailored to a specific legal problem; it should not therefore,
be considered legal advice. Do not try to use this information without consulting an attorney to learn how the
law affects your unique circumstances.
 |  |  |  |  |  |  |
| Attorneys At Law Since 1974 |
| 770-564-2600 Metro Atlanta 912-527-2000 Savannah |
Consumer Protection laws are a combination of federal and state laws
designed to protect individuals by regulating consumer financial transactions.
The purpose of this article is to provide an overview of consumer rights and a
list of consumer contacts that can provide help or additional information.
Consumer Leasing Act
The Consumer Leasing Act regulates personal property leases that exceed
four months and are made to consumers for personal, family, or household
purposes. The Act requires disclosure of information, such as lease costs and
terms, so consumers can compare the specifics of various leases and the
pros and cons of buying on credit versus paying cash. The Act also imposes
limitations on the size of penalties for delinquency and default. The Act does
not apply to real estate leases or to leases of four months or less. (15 U.S.C.
§ 1601(a); (b).)
Credit Practices Rule
The Credit Practices Rule prohibits lenders from using certain remedies, such
as confessions of judgment, wage assignments, and nonpossessory,
nonpurchase money security interests in household goods. The rule also
prohibits lenders from misrepresenting a cosigner's liability and requires that
lenders provide cosigners with a notice explaining the credit obligations of a
cosigner. Furthermore, it prohibits the "pyramiding" of late charges (the
charging of late fees on unpaid late fees). (16 C.F.R. Part 444.)
Electronic Fund Transfer Act
The Electronic Fund Transfer Act provides consumer protection for all
transactions using a credit card, a debit card, or another electronic means to
debit or credit an account. It also limits a consumer's liability for unauthorized
electronic fund transfers. (15 U.S.C. § 1693-1693r.)
Equal Credit Opportunity Act
The Equal Credit Opportunity Act prohibits discrimination against an applicant
for credit because of age, sex, marital status, religion, race, color, national
origin, or receipt of public assistance. It also prohibits discrimination because
of a good faith exercise of any rights under the federal consumer credit laws.
If a consumer has been denied credit, the law requires notification of the
denial in writing. The consumer may request, within 60 days, that the reason
for denial be provided in writing. (15 U.S.C. § 1691-1691f.)
designed to protect individuals by regulating consumer financial transactions.
The purpose of this article is to provide an overview of consumer rights and a
list of consumer contacts that can provide help or additional information.
Consumer Leasing Act
The Consumer Leasing Act regulates personal property leases that exceed
four months and are made to consumers for personal, family, or household
purposes. The Act requires disclosure of information, such as lease costs and
terms, so consumers can compare the specifics of various leases and the
pros and cons of buying on credit versus paying cash. The Act also imposes
limitations on the size of penalties for delinquency and default. The Act does
not apply to real estate leases or to leases of four months or less. (15 U.S.C.
§ 1601(a); (b).)
Credit Practices Rule
The Credit Practices Rule prohibits lenders from using certain remedies, such
as confessions of judgment, wage assignments, and nonpossessory,
nonpurchase money security interests in household goods. The rule also
prohibits lenders from misrepresenting a cosigner's liability and requires that
lenders provide cosigners with a notice explaining the credit obligations of a
cosigner. Furthermore, it prohibits the "pyramiding" of late charges (the
charging of late fees on unpaid late fees). (16 C.F.R. Part 444.)
Electronic Fund Transfer Act
The Electronic Fund Transfer Act provides consumer protection for all
transactions using a credit card, a debit card, or another electronic means to
debit or credit an account. It also limits a consumer's liability for unauthorized
electronic fund transfers. (15 U.S.C. § 1693-1693r.)
Equal Credit Opportunity Act
The Equal Credit Opportunity Act prohibits discrimination against an applicant
for credit because of age, sex, marital status, religion, race, color, national
origin, or receipt of public assistance. It also prohibits discrimination because
of a good faith exercise of any rights under the federal consumer credit laws.
If a consumer has been denied credit, the law requires notification of the
denial in writing. The consumer may request, within 60 days, that the reason
for denial be provided in writing. (15 U.S.C. § 1691-1691f.)
| Deming, Parker, Hoffman, Campbell & Daly, L.L.C. |
| Attorneys At Law Since 1974 |
| 770-564-2600 Metro Atlanta 912-527-2000 Savannah |
| _________________________________________________________________________________________________________ |
| _________________________________________________________________________________________________________ |