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Consumer Law

Philadelphia Consumer Law Attorney

Your Rights in Pennsylvania

Throughout the United States, state and federal laws protect consumers from mistreatment and unfair business practices—which can apply to debt collection efforts, telemarketing scams, deceptive advertising, etc. In Pennsylvania, many of these protections are outlined in the Unfair Trade Practices and Consumer Protection Law.


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When focusing more specifically on the rights that you are afforded as a debtor, however, it is important to examine the protections of the Fair Debt Collection Practices Act, the Telephone Consumer Protection Act and the Fair Credit Reporting Act. These laws are enforced by federal agencies, as all U.S. citizens are afforded protection from creditor harassment, deceptive debt collection efforts and unfair credit reporting.

If you do not understand the scope of these laws, however, you will not know when your rights have been violated. For this reason, we encourage you to review the information below.

Understanding the Fair Debt Collection Practices Act (FDCPA)

  • Under this law, creditors are prohibited from engaging in certain behaviors while attempting to collect on unpaid debts. They must avoid using abuse or harassing language, calling a debtor before 8 A.M. or after 9 P.M., informing outside parties of the individual's debt, intentionally misinterpreting the amount of money that is owed and/or threatening to take unlawful action.

Key Provisions of the Telephone Consumer Protection Act (TCPA)

  • Under this law, creditors are prohibited from contacting a consumer on their cell phone or home phone while using an automated dialing system or pre-recorded voice. If they do so without the consumer's "express consent," this behavior would be considered abusive. They must also provide the recipient with a name, phone number and address at which they can be reached.

Essential Details of the Fair Credit Reporting Act (FCRA)

  • Under this law, the Credit Reporting Agency (CRA) must provide detailed information in one's credit report and inform the consumer of everyone who has requested a copy of their report. They must also investigate claims of inaccurate reporting when a consumer has submitted a formal complaint in writing—which is typically done within 30 days.

Common Violations of Consumer Protection Laws

1. Debt Collector Abuse
Debt collectors are prohibited from using abusive tactics when trying to collect unpaid debts. Some common violations include:

  • Harassment: Repeated phone calls, calling at inconvenient hours (before 8 A.M. or after 9 P.M.), or using offensive language.
  • Threats: Threatening to arrest, seize property, or take illegal action if the debt isn’t paid.
  • Misleading Statements: Misrepresenting the amount owed, claiming you owe more than you actually do, or providing false information about legal actions.

Consumers facing these issues should know they have legal rights to protect them from such practices under the Fair Debt Collection Practices Act (FDCPA).

2. Deceptive Advertising
Deceptive advertising occurs when a business misrepresents its products or services to trick consumers. This could involve:

  • False Claims: Advertising a product as something it’s not (e.g., claiming a product will solve a health issue when it doesn’t).
  • Hidden Fees: Advertising a price that doesn’t include all fees, leaving consumers with unexpected charges.
  • Bait and Switch: Promoting a product at an appealing price but only offering a more expensive alternative when the consumer arrives to purchase it.

Deceptive advertising can violate consumer protection laws, and businesses can be held accountable for their actions.

3. Unlawful Contracts
Some contracts contain unfair or illegal terms that can be challenged under consumer protection laws. Examples include:

  • Unclear Terms: When contracts are written in complicated language that consumers can’t easily understand.
  • Unconscionable Clauses: Terms that are extremely one-sided, such as excessively high late fees or restrictions on a consumer’s legal rights.
  • Hidden Charges: Charges that aren’t clearly disclosed, like hidden processing fees or cancellation penalties.

If you feel your contract contains unlawful terms, you have the right to challenge them with the help of an attorney.

How to Report Consumer Law Violations

1. Steps to Take if You Are Harassed by Debt Collectors
If you believe a debt collector has violated your rights, take the following steps:

  • Document the Harassment: Keep detailed records of calls, including dates, times, and what was said.
  • Request Written Communication: Ask the collector to communicate in writing, rather than over the phone.
  • File a Complaint: You can file a complaint with the Consumer Financial Protection Bureau (CFPB) or your state's attorney general’s office.

2. Reporting Deceptive Practices
If you encounter deceptive business practices, report them to:

  • Federal Trade Commission (FTC): The FTC enforces consumer protection laws against misleading advertising, fraudulent business practices, and more.
  • State Agencies: Each state has its own consumer protection office where you can file complaints related to violations of state-specific laws.

Consumer Protection in Online Transactions

1. E-Commerce Consumer Rights
When shopping online, consumers have rights that protect them from fraud and unfair business practices. These include:

  • Right to Refunds: If a product is faulty or doesn’t match the description, you can often return it for a refund under consumer protection laws.
  • Product Quality: Products must meet safety and quality standards. If they don’t, the seller may be required to provide a remedy.
  • Shipping Rights: Consumers have the right to receive their purchases within the promised time frame or to request a refund if items aren’t delivered.

2. Data Privacy and Protection
In the digital age, consumers also have protections related to their personal data:

  • GDPR (General Data Protection Regulation): Applies to businesses that collect data from EU citizens, ensuring individuals have control over their personal data.
  • CCPA (California Consumer Privacy Act): Provides California residents with the right to access, delete, and opt out of the sale of their personal information.

These laws aim to prevent businesses from misusing or selling consumer data without consent.

Understanding these consumer protections is key to ensuring your rights are upheld. If you feel your rights have been violated, consult with a consumer protection attorney for guidance and help in resolving the issue.

FAQ – Consumer Protection Laws

  • What is the Fair Debt Collection Practices Act (FDCPA)?
    The FDCPA is a federal law that protects consumers from abusive, deceptive, or unfair debt collection practices. It restricts the actions of debt collectors, such as prohibiting harassment, threats, and misrepresentation. It also sets guidelines for when and how debt collectors can contact you.
  • How can I stop debt collectors from contacting me?
    Under the FDCPA, you have the right to request that debt collectors stop contacting you. Simply send them a written notice to cease communication, and they must comply, except in cases where they intend to take legal action.
  • What should I do if I see an error on my credit report?
    If you find an error on your credit report, you should immediately dispute it with the credit reporting agency. The agency is required to investigate the dispute and correct any inaccuracies within 30 days. Keep records of your correspondence and any supporting documentation.
  • Can I file a lawsuit if my consumer rights have been violated?
    Yes, if your consumer rights have been violated, you may have grounds for a lawsuit. For example, if you experience harassment from debt collectors or if you have been misled by false advertising, you can file a complaint with the appropriate agencies or pursue legal action with the help of an attorney.
  • Are there any consumer rights for online shoppers?
    Yes, consumers shopping online have the right to receive goods that meet the description, are safe to use, and are delivered on time. If these conditions are not met, consumers can request refunds or returns based on the seller’s return policy and consumer protection laws.
  • How can I report fraudulent business practices?
    If you encounter fraud or deceptive practices, you can file a complaint with the Federal Trade Commission (FTC), your state’s consumer protection office, or your attorney general’s office. These agencies investigate fraudulent activity and take enforcement actions against businesses that violate consumer protection laws.
  • What is the role of the Telephone Consumer Protection Act (TCPA)?
    The TCPA regulates telemarketing calls, robocalls, and text messages. It requires businesses to get prior consent before contacting you using automated dialing systems or prerecorded messages. Violations of the TCPA can result in penalties for the business making the calls.

Have Your Consumer Rights Been Violated? Reach Out to Our Firm Today!

If you believe that your rights have been violated by a creditor in Pennsylvania, The Law Office of Michael P. Forbes, PC encourages you to contact a Philadelphia debt collection defense attorney as soon as possible. In doing so, you can ensure that you will be protected from any further instances of abusive, deceptive or harassing debt collection practices.


To learn more about how we can help, call our firm today at (610) 991-3321 submit an online contact form, conveniently located on our website.


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