The Law Office of Jack E. Brackney
Attorney and Counselor at Law
(877) 679-5225
jack@brackneylawoffice.com
39-20 59th Street, Suite 2
Woodside, New York 11377
815 Superior Avenue East, Suite 1618
Cleveland, Ohio 44114
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What Types of Issues Are You Having?
Harassing or annoying phone calls
Illegal debt collection
Collection of a debt not owed or wrong amount
Credit reporting violations
Identity theft or fraud
Data breach or privacy invasions
Other
The Fair Debt Collection Practices Act (FDCPA) is a federal law that was put in place to protect all consumers from harassment, intimidation, and abuse by debt collectors. It does not matter if you owe the debt or not, you have rights and can sue debt collectors when they break the law. If any of your debt collectors have done the following, you might have a case:
Called you before 8:00 AM or after 9:00 PM
Called several times a day or week, or sent several letters, e-mails, faxes or text messages
Sent you a postcard regarding your debt
Called more than once without leaving a message or hung up when you answered the phone
Called you from a number that comes up as “private”, “unknown” or “restricted” on your caller ID
Caused collect telephone charges to be made to your phone
Contacted you after receiving verbal and / or written notice that you do not wish to be contacted
Called you at work after you informed them not to contact you there
Contacted you to collect on a debt that you do not owe
Contacted you about payment after you informed them that you are disputing the debt
Contacted you without identifying who they are or the company they represent
Contacted you without identifying that they are a debt collector
Contacted you through social media to discuss your debt
Used abusive, offensive, or profane language, or made a threat to you, your reputation, or your property
Contacted your employer, co-workers, friends, or family to discuss the debt (does not include simply requesting updated contact information)
Contacted your employer, co-workers, friends, or family more than once
Informed someone else other than your spouse that you owe a debt
Left a message for you regarding a debt owed on a shared voicemail that your employer, co-workers, friends, or family overheard
Threatened you with a lawsuit, lien, repossession, wage garnishment, or warrant for your arrest if you do not pay right away and has not done so
Threatened to file a lawsuit against you even though the debt owed is beyond the statute of limitations to collect on
Filed a lawsuit in a court that does not have jurisdiction over you
Threatened to report you to the credit reporting bureaus but has not done so
Accused you of committing a crime
Gave you the false impression they were a lawyer or calling from a law firm
Gave you the false impression they worked for the government
Published or threatens to publish your information on a “bad debt list”
Did not send you a written notice within five days of initially contacting you by phone that provides the total amount of debt owed, the name of the creditor owed, and a statement regarding your right to dispute the debt and to receive validation of the debt if disputed within 30 days
Sent an initial demand letter that insisted on payment within fewer than 30 days
Asked you to pay more than what is owed or added unauthorized interest, late payment or collection fees that are not contractually owed
Asked you to send a check postdated by more than 5 days
The debt is still listed on your credit report even though it has been paid
Please provide any additional notes below:
The Fair Credit Reporting Act (FCRA) is a federal law that protects you and your credit report. It regulates the consumer reporting agencies and the parties who provide these agencies with details about your credit. It is sensitive information, and it must be correct. The purpose of the law is to prevent the misuse of information as well as to ensure the accuracy of your credit history since inaccurate or misused credit information may lower your credit score, could cost you hundreds if not thousands of dollars in higher rates on everything from insurance to a mortgage, and might otherwise prevent you getting a loan, from renting an apartment or from getting a job under certain circumstances. The law is complicated, but you might have a case if any of the following has happened to you:
Your credit report was pulled without your knowledge or permission
You applied for a loan, job or for an apartment, gave consent to pull your credit report and were turned down without being told why
A creditor failed to provide you with your credit score when it is part of any credit decision
A decision was made based on credit information and you were not told where they got that information from
You were denied a copy of your credit report from a bureau and are on welfare, or are unemployed and looking for work within the next 60 days
Closed accounts are listed as active on your credit report
Inaccurate or incomplete information is listed on your credit report (wrong / incomplete account information, wrong address, wrong employment information, wrong / misspelled name(s), wrong SSN)
Debt(s) belonging to someone other than you are listed on your credit report
You were not notified that a creditor provided negative information to a credit bureau
You were not informed by a creditor that you could dispute inaccurate information
A creditor did not provide a reasonable means of disputing inaccurate information they provided to the bureaus
Creditors reported inaccurate account information to a credit bureau such as late payments that were made on time or inaccurate balances due
You’ve disputed inaccurate information or reported identity theft to a creditor, and they did not report it to the relevant credit bureau(s)
You disputed inaccurate information or reported identity theft to a credit bureau and the bureau did not report it to the relevant creditor(s)
A credit bureau did not conduct a reasonable investigation of your dispute
Information disputed and confirmed as being inaccurate is not removed from your credit report within 30 days of the bureau receiving notice of your dispute
Additional Post-Bankruptcy Violations
If any of your creditors have done the following after filing for bankruptcy, you might have a case:
You reaffirmed a debt in bankruptcy, continued to make payments, but the creditor failed to report your post-bankruptcy payments to a credit bureau
Your debt with a creditor was discharged, but the creditor continues to report an outstanding balance to a credit bureau as if the debt was still currently owed
You have accounts on your credit report listed as “included in bankruptcy” instead of “discharged in bankruptcy” after obtaining a discharge
You filed for bankruptcy, but not your spouse, and a jointly held account is reported as “included in bankruptcy” or “discharged in bankruptcy” on your non-filing spouse’s credit report
Errors or Violations Were Reported To:
Creditors / Debt Collectors
Credit Bureau(s)
Federal Trade Commission (FTC)
Consumer Financial Protection Bureau (CFPB)
Better Business Bureau
Other
None of the above
If applicable, do you have copies of your disputes and/or credit information that you disputed?
Yes
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Please provide any additional notes below:
The Telephone Consumer Protection Act (TCPA) is a federal law that was enacted to protect all consumers from telephone harassment and abuse by debt collectors, telemarketers, and other similar organizations by placing restrictions on telephone solicitations and the use of automated telephone equipment. Unless you previously gave express consent, you might have a case if any of the following has happened to you:
You received collection and/or telemarketer calls to your residential number before 8:00 AM or after 9:00 PM
You received calls from telemarketers even though you’ve registered with the National Do Not Call Registry
You continue receiving calls after revoking authorization to contact you by phone
You received debt collector and/or telemarketing calls to your cell phone, which were initiated by an auto dialer, an artificial voice, or a prerecorded message
You received unsolicited calls to a residential phone number initiated by an auto dialer or pre-recorded message even though you do not have an established business relationship with the caller
You received unwanted business advertisements via text messages to your cell phone
A debt collector or telemarketer failed to provide their name, the name of the person or entity on whose behalf the call is being made, and a telephone number or address at which that person or entity may be contacted
Please provide any additional notes below:
Thank You!
If you have any written documents or witness statements regarding your claims, please email this fact sheet, together with those documents to
jack@brackneylawoffice.com
.
Thank you for contacting The Law Office of Jack E. Brackney regarding your legal claims or questions. We value each potential client who contacts us and will make arrangements to meet or speak with you when convenient, including Saturdays.
Please be advised, however, that The Law Office of Jack E. Brackney is not your legal counsel until there is a signed fee agreement in place between you and the firm. By submitting this form, you are requesting that we evaluate whether you have a valid claim. We have not agreed to act as your legal counsel.