Common Consumer Violations

Creditors break the law frequently.  Sometimes on purpose, sometimes inadvertently.  Regardless of the reason, if a creditor has violated consumer protection law, you may have the right to offset the creditor’s claim and possibly sue for damages.  See below for common consumer protection violations.

Common Consumer Protection Violations

We litigate against creditors under a variety of statutes.  Here is a brief overview of potential areas and common violations.  We litigate other consumer protection statutes as well, call us if you have questions or would like a free phone consultation.  206-535-2559.

Remember, if there is a potential consumer violation there must be admissible evidence.  So if you receive a letter that says they are calling the cops on you and demanding more than is owed, that is good evidence.  If you get a phone call from a heavy breather making racial slurs, you likely need to have a recording and have it on audio that they consented to being recorded.  If they leave a voice mail, you are good.

Debt Consolidation Violations (RCW 18.28)

This statute governs debt consolidation companies (like National Debt Relief).  In general, we find that most consolidation companies achieve modest results in exchange for usually around a $50.00 a month fee with services lasting several years.  They do not stop negative credit reporting or law suits and refer you out for either service.  In any case, common violations by these companies include the following:

Fair Debt Collection Practices Act Violations (FDCPA)

The FDCPA does not apply to original creditors but does apply to debt buyers, collection agencies, and attorneys whose primary purpose is the collection of debts.  It also only applies to consumer debts, not business debts, debts owed to the government, or family law related debts.  It is a very broad statute and it would take up a large portion of this page to display all of the potential violations.  In general, you will need evidence of the violation (so if they say something nasty to you on the phone, you will likely need a recording or reliable witness).  In broad strokes, common violations include:

Medical Debt & Charity Care Violations (Washington Specific)

The usual issues with medical debt include the below.  Keep in mind charity care only applies to public hospitals and facilities, not private clinics.

Time Share Violations

See our Time Share page for a full list of common violations

Washington Collection Agency Act Violations (RCW 19.16)

Similar to the FDCPA, and passed as a sister statute, this only applies to debt collectors and debt buyers, not original creditors.  Unlike the FDCPA, this applies to any agreement (meaning consumer or business debt) but not to a non-agreement (criminal fines, taxes, family law related matters, etc.).  It is open ended if an agreed settlement in a family law matter could apply and has not been litigated….yet.

Other Statutes we Litigate Under