Legal Questions

CONSUMER RIGHTS UNDER FEDERAL LAW

The United States Associated Press reports an ongoing epidemic of bill collectors ignoring the Fair Debt Collection Practices Act and harassing their clients. In 2008 over 71,000 people filed harassment and abuse charges with the Federal Trade Commission (FTC). And an additional 24,000 complained to the Better Business Bureau office in their State. The complaint rate has quad duple in the past three years and will only get worse due to the present economic downturn in the world together with the inability of a greater number of individuals who genuinely cannot pay their bills.

What Steps Can You Take To Stop Harassment From a Collection Agency?

Here is the very first thing you MUST do. Fire the Agency! Send them a Certified return receipt letter using one of the legal forms “Cease and Desist”. Although there’s a catch, you must put this into action within (30) days. This of course, is after they send you a written letter making you aware that you owe them money and in detail exactly to whom you owe the money to. For instance, this is the case in the State of Colorado, if you send a certified written letter stating emphatically NOT to contact you under any circumstances the recipient must abide by your request. By law, as soon as they receive your certified written notice then legally they can’t call or mail you anything until they file suit against you and they must take you to court. And you must be first served with a summons before they can make any attempt to contact you. In most cases, the majority never go to court, only a small number will take this action right through to court.

Put the law to good use, and you can quickly and effectively STOP constant phone calls, letters and ongoing harassment by persistent creditors, debt collectors and collection agencies without it costing you much effort, time and money. In accord with federal law (public laws 95-109 and 99-361), a collection agency MUST stop contacting you after they receive a letter clearly telling them discontinue contacting you.

THE LAW LENDS A HELPING HAND

The federal Fair Debt Collection Practices Act provides the consumer with a legal avenue to prevent collection agencies from continual harassment. So if you wish to avail yourself of the law in this matter, this is what you should state in your written letter and notice.

The contents of the letter should essentially say:

You are hereby notified in writing under the provision of public laws 95-109 and 99-361, also known as the Fair Debt Collection Practices act, that your company services are NO longer required.

You are to immediately CEASE & DESIST all efforts and attempts to collect money owing. I/We will not recognize any collection agency and will communicate ONLY with the original finance creditor (state name of financial institution).

Federal Law: Fair Debt Collection Practices act; public laws 95-109 and 99-361.

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FRESNO, Calif. Farmworkers and their advocates sued California Thursday, claiming its heat safety rules are too weak to keep laborers from dying.

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Employment policies may provide for many different leaves of absence.  Except for leave to vote, no Hawaii law requires paid leave for any leave of absence.  Here is a brief summary of statutorily-protected leaves of absence in Hawaii.

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If you’ve suffered damage to your property as a result of a fire, it can be a very traumatic and unpleasant experience. Whilst insurance can’t replace the irreplaceable, it is one way of ensuring you’re covered for the expense and some of the loss. However, some people are still unsure of how exactly they can about making a claim with their insurance company and what rights they have.

As with any claim, the first step is to notify the broker or company who handles your home and contents insurance and inform them of the damage. The sooner this is done, the quicker the process should be. Whether for a large business or a family home, it can take time to assess the damage and see a claim through, so it’s best that you have a contingency plan in place to ensure that you suffer the least possible inconvenience during this arbitration.

Structural damage is clearly more of an issue than localised scorches and burns. If the building has suffered collapses or has been weakened by an intensive blaze, you’ll need to ensure that everything is secured immediately; you may need to discuss this with your insurance company as they may have preferred contractors or other certain requirements.

To help assessors and the insurance company you can also produce an inventory of the property that has been damaged or destroyed. This will give you a better idea of what you can expect from your claim as well as something to pass on to those who are doing the assessment. Being as honest and open with yourself and your insurers can prevent any unnecessary distress or time-wastage.

Whilst always honest, the loss adjuster is employed by the insurance company to provide a fair quote that reflects the actual damage incurred. This can sometimes be a little less than some people hope for, so it’s often best to keep expectations down to a minimum. Insurance companies are there to help, but of course, as with any other industry, aren’t prone to giving away more than is strictly necessary when it comes to dealing with claims.

Throughout the investigation you may be required to provide additional information to help smooth along the process and make. Whilst this can be hard, it is an essential part of determining the cause and damage that you’re claiming for; more often than not, insurance companies are extremely understanding and will do everything possible to reduce the stress and anxiety of the whole process.

While we all hope that this never happens to us, preparing for the worst can save you a lot of heartache and upheaval in the future. Having somewhere you can go for example is one way for you to continue living life normally whilst work is carried out in the case of a severe fire. Read through your insurance documentation too. This will give you an idea of exactly what you can expect and what to do when claiming. Each insurer is slightly different, so there is no single golden rule to follow unfortunately.

With businesses who are making a commercial fire insurance claim a contingency plan can be just as, if not more important. In the case of a building being completely gutted by fire damage, you’ll need to have a framework in place that will allow you to continue trading in some capacity, as well as the ability to swiftly deal with the fire insurance claim.

Prevention still remains the best cure. But if you suffer some unavoidable fire damage to your property, don’t panic. Get in touch with your insurers as soon as possible and begin rebuilding once more.

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