Menu
X

Category Archives: Laws

image
3 months ago Laws

Red Flags To Look Out For When Considering A Home Warranty Company

New homeowners are often encouraged to sign up for a home warranty. Home warranties ensure that repairs and maintenance are taken care of in a timely manner. Without a home warranty, the homeowner may not be able to lay out the money for sudden repairs when necessary.

But as with many types of warranties and insurance, there are a fair amount of scams. Be wary of home warranty scams – they are not always easy to identify.

While some scammers are fairly obvious, others will present with the following red flags

The company is new

Of course, every company needs to start somewhere. The fact that a home warranty company is new does not indicate that it is a scam. However, scam companies will close down a year or two after they are established, without having to pay out many or all claims. They don’t refund customers and all your premiums are lost.

If a company is less than a year old, do some solid research into it. Check out who the executives are. Find them on LinkedIn and other platforms. Scam companies will have fake executives who have no real history on these platforms as they do not really exist.

There is litigation against them

One relatively significant red flag is that there is litigation against the company. There are lawsuits in progress, or at the very least legal complaints. Again, this does not mean the company is a scam. It could be that they have made certain mistakes or they are actually in the right in this litigation. However, in conjunction with other red flags, litigation is definitely a reason to think twice.

Customers hate them

The first place you should look for information on a company’s legitimacy is the Better Business Bureau (BBB). They vet businesses and can generally be trusted. But don’t stop there. Check out customer reviews on Yelp and ConsumerAffairs. If a lot of customers seem to hate them and have similar complaints, you should rethink your choice. Sometimes, only customers can identify very real problems with service delivery. And sometimes a company that started out legitimate changes hands or is taken over by people with shady intentions.

Their marketing is aggressive and misleading

Scam companies in all industries have something in common – their marketing is very aggressive and misleading. They target older customers who may not be tech savvy enough to do proper online research. They make claims that are too good to be true – until you see the details that make them worthless.

If you have been contacted by a home warranty company that is aggressively seeking your patronage, this is a big red flag.

They cover all states

Most legitimate home warranty companies are somewhat local. They may cover a number of states, but there will be a few that are not included. Servicing the entire country is difficult, due to different regulations and tricky logistics. Check the states that a home warranty company services. Those that are more location specific are probably more legitimate than those which do not specify.

There are too many home warranty scams to simply go with the first attractive choice. Do your research and look out for red flags before settling on an option.

image
3 months ago Laws

How Lawyers Can Avoid Burnout When Working From Home

Burnout is often considered a part of practicing law – lawyers are simply taught to expect it, deal with it, and move on. The incredible hours, the taxing demands of the profession, the deadlines, and the very real and human pressures all conspire to make burnout a very common ailment of lawyers and other law professionals.

Today, we’re taking a look at working from home and how you, as a lawyer, can work on preventing burnout – because even though you might have learned to expect it, preventing it still remains your best option.

Check the Avoidable Burnout When Working From Home

Take some time off if possible

The current global situation might be affecting your practice in several ways, and it might be business as usual in your home office. However, if things are slower than normal, this might be a great time to schedule in some much-needed free time.

And by free time we really do mean free time – don’t think about work, don’t look at work, and don’t go near work if you can, as much as you can.

Of course, if this is not possible, and if you’re still working long hours from home, make sure to at least keep your weekends (or any other two days of the week) completely free.

Structure your days better

The fact that you no longer have to commute leaves plenty of opportunity to work better. You don’t need to jump out of bed as early or go to bed as late as you normally would.

You can spend your extra time either catching up on your sleep or doing the things you normally don’t get the time for – but do make sure you don’t fill them with work.

Also, bear in mind that the key to working from home is having a schedule. Without it, you can end up both working all day and not really getting that much done. So set aside some time each evening to set yourself a schedule for the next day.

Remember that you may not be as productive (or that you may be much more productive) from home, so factor that into your planning activities.

Work on your sleep

Sleep is that one thing lawyers seem to sacrifice more than anyone else. However, as sleep is the one key ingredient to keeping us healthy, sharp, creative, and thriving, now that you work from home might be the perfect time to work on the way you sleep.

First of all, let’s look at your mattress – if it’s anything less than just perfect for your sleeping needs, you need to replace it asap. Find a good one to sleep on that will accommodate your preferences: do you toss and turn, do you have back pain (who doesn’t?), do you need something very soft to be able to fall asleep?

Next, make sure you go to bed and get up at the same time as much as possible, and set yourself an evening and a morning routine you are really happy with. This can be where you spend that extra time you would normally spend commuting.

Get your nutrients and exercise in

It may sound incredibly simple, but nutrition and exercise truly are your best allies when it comes to keeping burnout at bay. So, make sure you’re eating as healthily as you possibly can (cut out the excess sugar and caffeine, for starters), and that you are moving, even though you’re at home.

Get up every hour, at least, and stretch – you can set a timer to remind you to do this. Do some light cardio or bodyweight exercises if you have no workout equipment at home. Whatever you choose to do, just make sure you’re moving, as we all know that sitting is just as bad as smoking.

Manage your expectations

While you’re working from home, the world is not spinning as it used to, so don’t expect either yourself or anyone else to keep going like before. Timeframes might be twisted, deadlines may shift, clients may become increasingly impatient, and your partners may develop even shorter fuses than they previously had.

The key to making it through this time is to be aware of the situation – and not just blindly keep doing what you are used to. Heightened stress is normal and to be expected, but you need to find a way to alleviate it (hence all the headlines above).

Teach yourself to manage your emotions and expectations better, and adjust to this time of uncertainty and discomfort.

Final thoughts

In the long run, preventing burnout is a much smarter move than dealing with it once it becomes an actual problem. With the latter option, you might need months to start feeling like you used to, or even years in some very severe cases. Instead of risking your practice and your good name, take some time to de-stress and work on your mental and physical health. Don’t take the opportunity to work from home as a sign you should be working 24/7.

image
3 months ago Laws

Importance Of Having A Lasting Power Of Attorney In UK

With increased life expectancy, it is possible for you to get to a stage in your life where it might not be possible for you to take care of your own welfare and make your own decisions. That is why it is essential that you have a plan of what to do when such a time comes. This article will discuss the importance of having a lasting power of attorney in UK.

In case you get sick or mentally or physically incapacitated such that you are not able to handle your own affairs, then a court will have to appoint someone to make decisions on your behalf. This can end up being a lengthy and expensive process. In addition, the court might appoint someone who you might not have preferred. That is why it is essential that you appoint someone who you prefer when you still have the capacity to do so.

When you appoint someone that you want, you also have the freedom of giving them boundaries on when they can act on and how far they can go. For example, you can state that the legal representative is only be allowed to step in in case of mentally incapacitation as a result of ageing or brain injuries.

When choosing an individual to act on your behalf, you are likely to choose someone who is capable of acting in your best interests and someone who is willing to take on the role through a UK LPA. This is because the individual has to consent to this role. This prepares the person psychologically, so that in the event that the situation ever arises, they will be able to step up to the role and do what needs to be done.

In case you are a business owner, having this legal document helps to ensure the least possible disruption for your business. This is because the appointed person or persons will quickly step into their designated roles to make the required decisions. This document can be made separately from your personal LPAs.

In case you become mentally incapacitated, it is not automatic that a close family member will be given charge over you. This can make it hard for your immediate family members to take care of you. For instance, it can be hard for them to access your bank accounts or even make arrangements for your medical care. This is until they go to the court of protection and apply to be authorised to act on your behalf.

It can be hard to predict what will happen in the future. That is why it is important to be prepared just in case you suffer from a debilitating illness that affects your ability to function normally. This will make it easier for you and your family to manage your affairs.

In conclusion, you should no longer defer taking care of your future interests. Give your family and business partners the peace they need by protecting yourself. What’s more, you can appoint more than one person, so that one single person does not have the burden of taking care of your affairs on their own.

image
3 months ago Laws

Abuse and the Law: Is There a Statute of Limitations on Sexual Assault?

Every 73 seconds, an American is sexually assaulted. What most people don’t realize is that the longer a sexual assault crime goes undocumented, the more difficult it is to get justice for the victim.

Continue reading to learn more about the statute of limitations on sexual assault

Statute of Limitations on Sexual Assault

The idea of the statute of limitations exists as an effort to minimize convictions that are based on witness testimonies because witness testimony may change over time. The statute of limitations is a set of laws preventing someone from being prosecuted for a crime after so much time has passed.

It used to be thought that once so much time has passed, memories of the past might not be accurate anymore.

Today, the evidence isn’t as fleeting as it once was. DNA doesn’t erode over time, so if it’s present the case is pretty solid. Audio and video recordings last forever. Emails, texts, and other forms of digital communications are easily saved for future use.

All of these things help to back up the facts of what happened even when years have passed.

Sexual assault covers a large range of crimes that involve sexual contact or behavior without the victim’s consent. The sexual assault might include attempted rape, fondling/unwanted sexual touching, forcing the victim to partake in sexual acts, and rape.

Society today is more understanding than it once was when it comes to the effect that sexual assault has on the victim. Sexual assault has lasting psychological, emotional, and even physical effects on the victim.

Statute of Limitations in the US

Society has become more aware of how sexual assault traumatizes the victim. Society now seems to understand why some people are so hesitant to come forward when in the past they didn’t. It was something that wasn’t talked about as much before.

Now there are movements that talk about it, including the MeToo Movement.

As a result of time changing how sexual assault is viewed, the laws have changed and they now vary from state to state. There is a database that explains the statute of limitations for every state.

Only seven of the United States do not have a statute of limitation laws: Wyoming, Kentucky, Virginia, West Virginia, Maryland, North Carolina, and South Carolina. More than half of the United States has a statute of limitations of more than 21 years.

Some states push for a reduced statute of limitations if the victim doesn’t report the crime: Washington, Utah, Colorado, Illinois, and Connecticut. More than half of the states will make an exception to the statute of limitations for DNA evidence.

You Can Get Justice for Sexual Assaults

If something like this has happened to you or to a loved one, you can hire a sexual abuse lawyer to help you with your case. Don’t hesitate to reach out today to get some legal advice.

Stay Informed

If you found this post on the statute of limitations on sexual assault helpful, make sure to check out the rest of our blog for more legal advice.

image
3 months ago Laws

Everything You Need to Know About Affray Charge

Learning that you are being charged with anything is not a situation that you want to find yourself in. Facing the justice system is a serious challenge, and you should know what you are up against. An affray charge is one of those cases when you might think that it is not that big of a deal, but in reality, this charge can result in you spending some time behind bars, if you don’t address the matter carefully in court.

Here is all you need to know about the affray charge

How Serious is Affray?

Let’s start with the definition of an affray that is classified as a breach of peace and is a result of disorderly conduct. In more simple words, this charge is used to deal with incidents where the police allege that violence has been used or that you have threatened causing others to fear for their safety. The offence might happen both in private and public areas. A heated exchange or a disagreement is something that can occur in anybody’s life, but when there is violence involved in any form, the legal system interferes. Sounds serious, and it is, as this charge will require you to hire a lawyer who specialises in criminal law.

One thing that you should be aware of is that you can’t commit affray verbally. Your words might hurt, but it won’t get you charged with this particular charge. However, please know that a gesture could be enough.

Is It Worse to Be Charged with Affray Than Common Assault?

When you look at the definitions of both affray and common assault, you will see a lot of differences. You should note that actually, an affray is a much more severe charge than an assault. A conviction for affray is possible to be obtained more readily than a sentence for an assault. Moreover, both of the charges require the mental element of the case to be proved on the part of the alleged offender, so the person being charged. When it comes to the mental aspect for the case of affray, then it is necessary to establish if the person intended to use violence, threatened violence, or was aware that his or her conduct might be violent or threaten violence.

To prove that you weren’t aware that what you did was violent is a tough task, so you need to think twice before you plead guilty or not guilty. Another thing that you should know is that the affray is based on different laws in England and Wales than Northern Ireland. It is also a triable charge.

What happens When You Get Charged with Affray?

If you have been accused of affray, you should start looking for professional legal help as soon as possible. A proper legal representation should secure the best possible outcome of your case. You should know that you can get arrested based on suspicion of affray and interviewed at the police station. Make sure to have a consultation with your attorney before you answer any kind of question. If you have already consulted the duty solicitor at the police station, please be aware that you can still instruct a criminal defence lawyer to assist you.

Then, you will have to prepare yourself to face a trial. Generally speaking, there are three situations that can help your defence. They are:

  • Self-defence – the most common type of defence, when you plead not guilty and prove that you only defended your safety.
  • IS evidence – proving that you weren’t on the scene of the crime.
  • Duress – when you claim that somebody else made you do it.

How Much Prison Time Can You Get for an Affray?

First, you should know that If you plead guilty to affray, or you will be found guilty during the trial, you will likely get a criminal record from an affray charge. Depending on the severity of the offence that you committed, the sentence can mean prison time for those that will be found guilty.

The Crown Prosecution Service states those people that are found guilty of the highest degree of affray can face up to three years’ imprisonment or an unlimited fine.

If a judge finds you guilty, on the other hand, but the act you committed was less severe, they can face up to six years’ prison time or a category five fine that is up to £5000.

As you can tell, the repercussions for an affray are quite severe, and this is why you should be able to prove your innocence with hard evidence if you are able to provide such proof.

Affray is a serious charge that can ruin careers and your reputation, and you should avoid it at all costs. You don’t want to be associated with violence in any kind of way. Make sure you have the right lawyer behind you and hope for justice to win.

image
3 months ago Lemon Law , Laws

When Should You Rely on the Lemon Law?

When you buy a vehicle – new or used – and something is not working properly, you realize that you might have just made a bad investment.

While many people think that any car issues are their responsibility once they buy the vehicle, the truth is that, depending on various aspects, they could be covered by the Lemon Law.

As you may know, the Lemon Law protects car buyers from faulty and even life-threatening products, usually making manufacturers or dealerships replace the vehicle or simply buy it back.

Here is exactly what you should know when buying a new car – namely, when should you rely on this particular law?

What Does the Lemon Law Cover?

Every California lemon law lawyer will let you know that any vehicle, no matter what it’s the condition, is covered by this particular law as long as it is still subject to the new vehicle warranty provided by the manufacturer.

In short, a vehicle warranty means you are protected in case you purchase a lemon.

  • Naturally, different states come with slightly different rules/regulations. For example, vehicles sold in California are subject to the state’s version of this law.
  • Moreover, most states have laws protecting cars for 18 months after being purchased. However, if they have less than 18 thousand miles on board, this aspect is considered first, and not the former.
  • As mentioned above, the Lemon Law mainly attempts to make dealerships and car manufacturers replace the vehicle they have sold as a lemon, or even buy it back from the owner. However, this aspect comes into play only after something called a reasonable number of attempts of repairs.

When Can (and Should) You Rely on the Lemon Law?

As mentioned, you can rely on this law only after the manufacturer or dealership of your vehicle has tried to repair it for a reasonable number of times.

For example, you can and should rely on the Lemon Law when:

  • The dealership – or the manufacturer – of your new car tried to repair it at least two times. The vehicle’s problem must be, however, serious – for example, it could lead to injuries or worse if it is not fixed.
  • For issues that are not dangerous to the driver, the manufacturer/dealership must have tried for at least four times to solve the issue/problem.
  • Finally, if your car has been under repairs for more than a total of thirty days, then the Lemon Law comes into play, and you should take advantage of it. Keep in mind that multiple visits that add up to the mentioned period are still eligible!

The Bottom Line

It is not difficult to determine if you’ve bought a lemon. Mainly, if you spend more time waiting for your new car to come out of service rather than actually driving it, then you may want to contact a lawyer and see how you can get your money back – or, even better, a replacement.

However, you must remember the main aspect of this law. Namely, if the car that you buy is still under the new vehicle warranty of the manufacturer, then you can say that you are fully covered no matter what car issue/problem you come across!

image

How Will the Coronavirus Affect Medical Law?

With the number of patients infected with the novel coronavirus reaching almost 1 million as of the 27th of April 2020, the number of deaths surpassing 50.000 and the social distancing measures increasing, one of the questions that find its way in more and more conversations is how will the new coronavirus affect medical law? Given the current situation, where things can change drastically every day, a definite answer cannot be given to this and many other questions that the public might have. In this article, you will have a look at some possible and probable effects of the coronavirus on medical law, based on the current information available up until this moment.

Healthcare Insurance

One of the biggest problems that the United States of America was dealing with even before the pandemic kicked in was the healthcare system. One of the top priorities of the presidential race for the year 2020 was reforming the healthcare system. In a country where almost 30 million citizens do not have any type of health insurance, and an even more significant number of them are underinsured, the financial implications of the COVID-19 virus can be scarier than the ones related to a person’s health. Even before the virus was an issue, half of Americans said that they or someone close to them have put aside seeking medical care because of the costs implied.

The New Coronavirus Relief Bill

While initially, the virus and its implications have been overlooked by the government, which led to a severe lack of materials needed to protect and to cure the infected, it was quickly that a new coronavirus relief bill was introduced. This new legislation is divided into three main parts 1, 2, 3, with an update on the last one (Phase 3.5) and seeks to assess the population in regards to health and wealth.

These 3 phases of the relief bill provided emergency funding needed to enable the development of vaccines, loans for small businesses, access to medical consultations via telephone for Medicare recipients, a paid sick leave package worth $100 billion (Phase 2), later $2.2 trillion (Phase 3) and additional benefits for the unemployed, including those who are self-employed, free COVID-19 testing, increased food assistance, extra protection for those working in the healthcare field, forbearance for those with a student loan, and many more.

A Fight Against the Clock

And while the new coronavirus relief bill is doing a good job in aiding people during these dark times, the fight against COVID-19 cannot be won entirely with money alone. It involves the cooperation of the entire population, as well as the efforts of the healthcare workers. In a fight against the clock with an unknown enemy for which the medical workers, the hospitals, and all the health care providers were not ready for, many errors are likely to appear.

Finally, given the rapidity with which the laws are changing and adapting to this new virus and the response of the medical workers and medical care providers, discussing with a medical malpractice attorney for any medical and legal problems that might arise during this pandemic is essential.

image
3 months ago Laws

Greene County Mo Jail in Springfield Getting New Facilities

After plenty of hard work and consideration, the Greene County Commission is in the process of building a new jail facility to house inmates. It will be located on 23 acres of land in Springfield, Missouri. The Greene County Commission bought the land in 2019 from the SCI Missouri Funeral Services Inc. for $679,545, and the facility is estimated to be completed by 2022.

Greene County Commission’s purpose for building the new Greene County Jail in Springfield MO is to be able to fit majority of the employees of the Greene County Sheriff’s office in one facility as well as to create adequate space to house more inmates. They hired a company to start tearing down buildings nearby in 2018 in pursuit of expanding the current jail, but it was determined that the entire building would need to be around eight stories tall to have sufficient space for all employees and inmates. This became a no-brainer for the county to decide not to continue, as they did not want one of the tallest buildings in Springfield, Missouri to be a jail facility that houses inmates.

For a very long time, space has been a growing issue for the Greene County Jail. Around 400 sheriff office personnel are employed at the current facility, and the ultimate decision to hire any additional personnel will depend on the completed design of the new jail facility. The current jail also only holds around 700 inmates and is extremely overcrowded, whereas the new jail is predicted to hold more than 1,400 inmates, which will double the capacity.

At the beginning of December 2019, the current jail had almost 900 inmates in the facility, even though it is supposed to only hold 700. This means that the facility had to make room for 200 additional inmates, which has led to legal action against the Greene County Jail several times in the past. Due to the lack of space, the county also frequently houses inmates in 10 other counties as well as uses trailers outside of the facility to hold over 100 additional inmates.

There was a lot of thought that went into choosing the location and deciding to build a new jail facility, such as the amount of land, the environment, places nearby, utilities, roads, and more. An important factor was the fact that the current jail building is located within two miles of 30 different schools. The new building will be located within two miles of three different schools, which will be much better for the safety of the children in the area.

Overall, the costs and savings were the main factors that went into the decision to relocate and build a new facility. With an approved preliminary budget of $150 million, building a new facility from scratch is expected to be the better option financially, as opposed to adding onto the current jail facility. The county also stated that the new facility will save them about $95 million over the next two decades because staffing costs are projected to be reduced significantly. Indirect supervision will play a big role in this, as the cell pods will now be able to be placed horizontally instead of vertically.

The building site can be found on the corner of North Haseltine Road and Division Street, not far from the White Chapel Memorial Gardens and the Springfield Branson National Airport.

image
3 months ago Laws

Dog Bite Attorney Gives the Green Light for Compensation

Most homeowners appreciate the role a dog plays as a burglar alarm for intruders. Dogs inside and outside the home have got an awesome history of deterring burglars, but then these dogs have to be controlled to ensure they do not wrongfully attack and injure innocent people.

Do you know your state’s leash-laws?

Some dogs are trained and socialized and can be taken off the leash in a park, unless of course there is a sign stipulating no unleashed dogs. Dogs on a walk always try to interact with other pet dogs and people, but some of these interactions can be aggressive, and then it becomes imperative for the dog to be on a short leash.

If a dog owner violates leash laws, they may be held responsible for the veterinary- and medical costs of the other person and their dog.

If your dog gets out and injures somebody, as a dog owner you will in all likelihood be liable to the injured person in a civil lawsuit and possibly even face criminal charges. With a dog bite case, there is the element of proof of liability, insurance coverage, and injury that requires costly medical treatment.

There are penalties if your dog injures someone

There are many states in the U.S.A. that have laws for dangerous dogs, and if your dog injures someone, there are penalties that can even include prison time. Certainly, if you do have a dangerous dog on your premises, you need to put up warning signs such as those typical ‘Beware of the Dog’ ones.

For small children walking past your premises and who can’t read, you would need fencing where they can’t put their hands through.

Liability for a dog attack varies in the different states, but in Colorado, the owner can be held responsible for injuries if the dog bite results in serious injury or death or the dog bites someone who was lawfully on the owner’s property at the time of the bite.

In Colorado, the state’s dog-bite statute has some circumstances where the dog owner would not be held liable for injuries caused by their dog. A few of these include –

  • When the person attacked was actually trespassing on the property;
  • If the dog was being used for official duties by a police officer for instance;
  • If the victim was a dog-groomer or veterinarian for instance, performing duties.

Take legal action if you have been bitten by a dog

If you were bitten by a dog in Denver, you can take legal action and the amount of compensation awarded to you will depend on a number of factors, among which is medical treatment costs and loss of wages.

A reputable and experienced Denver dog bit attorney such as Pushchak Law Firm can assist you with recovering damages. Apart from injuries, as a victim of a dog bite, you can also get compensation for non-economic damages if it can be shown that the owner of the dog knew that their dog was aggressive.

These non-economic damages can include things such as –

  • The pain and costs of the injury and treatment
  •  Emotional scars
  • The possibility of a disability brought on by the dog attack.

 Do not let costs stop you from reaching out to a lawyer

When you choose the best dog bite law firm in Denver, you do not have to fret about how you will pay because most clients choose to sign a contingency fee agreement simply because it means there is no upfront money to pay before the attorney starts on your case. In fact, the lawyer does not get paid legal fees until they recover the money for you.

Know your legal options

After a dog attack, you want to immediately be in touch with a reputable law firm so you can be clear on what your legal options are. The best Denver lawyers stand up for those people who have had to suffer because of someone else’s negligence. These kinds of lawyers are not just your regular lawyer either but are members of various law associations such as Colorado Bar Association and Colorado Trial Lawyers Association.

Sought after Denver lawyers are licensed too, allowing them to practice throughout Colorado with their extensive experience. It always pays to choose lawyers who you know have –

  • A record of having got millions of dollars worth of settlements for their clients
  •  Lovely  law offices but to suit your circumstances, they will come to where you are
  •  The common decency to treat you with empathy and respect
  •  Financing in place so that paying them easy instead of being an obstacle that prevents you from reaching out to a lawyer in the first place
  •   The knowledge and experience to specialize in dog bite cases

do not delay in contacting these kinds of dog-bite lawyers as soon as possible while the memories are still fresh in your mind.

Finding a lawyer that has a combination of expertise and insight on their side means you are far more likely to be victorious in your efforts to see that justice prevails with your dog bite issue.

No complicated, frustrating dealings with insurers

The best Denver dog bite attorneys find a fair settlement outside of court through negotiations with insurance companies which can be complicated and impossible if you opt to go ahead without consulting a lawyer.  Insurers speak a language impossible to understand for most people.

The right Denver lawyers can take matters to litigation if it means getting you the money you need for the trauma you have been subjected to. They see that you get the compensation you are entitled to.

image
3 months ago Laws

7 Credit Card Legal Rights to Know

Using credit cards is great, but it’s also essential to stay protected. Thanks to the credit card legal rights, you can always find a way out of credit card issues. If you don’t know about the rights you get with credit cards, you might be cheated.

So, if you are planning to get a travel credit card or business credit card soon or you already have one, you should know your rights.

This article covers seven important legal rights that you must know

1.  Right to No-Discrimination Policy

When you apply for a credit card, the issuer can’t discriminate against people or companies based on some non-financial factors.

According to the Equal Credit Opportunity Act (ECOA), it is illegal for lenders to discriminate against someone applying for a credit card loan based on age (unless you are below the legal age), race, religion, marital status, color, or if you receive public assistance.

Credit card issuers must inform you about the result of the credit card application within 30 days. If they reject the request without any reason, you can ask them for an explanation in 60 days.

2.  Right to Full Information

Credit card companies are entitled to follow the Truth in Lending Act and disclose all information about credit card offers with the customer.

The information includes the interest rate, annual percentage rate, yearly charges, and late fees. This law protects you from unfair billing and saves you from unwanted surprises.

The issuing personnel must share complete information about the time required to pay off the credit loan if you pay a minimum amount every month.

Moreover, the credit card legal rights allow you to ask as many questions regarding your credit card terms and conditions.

3.  Right to Report Billing Statements Errors

Credit card companies should mail you the billing statement at least 21 days prior to the payment due date. The billing statement includes credits from your account, minimum payment, due date, and late payment charges.

If you find any error in the billing statement, you have the right to dispute the errors under the Fair Credit Billing Act.

This act involves the steps to raise your concern and handle billing disputes. You can issue the complaint in 60 days after receiving the statement, and you don’t have to pay the disputed charge while the dispute is unresolved.

Most companies handle disputes on call and mail. However, you must send a complaint in writing as well.

4.  Right to Financial Privacy

Once you get the card, there may be security concerns that keep bothering your peace of mind. You might be thinking about who can view the financial status of your credit card. Well, there’s nothing to worry about.

Your information is completely safe, and no one can view it without your permission. Mostly landlords, employers, utility companies, and credit card issuers require your credit card information as it’s a part of application processing. However, they need your permission first.

5.  Protection from Unfair Fees

You should always read the terms and conditions for your credit card. Still, you could face issues like hidden charges.

Unfair charges on credit cards are a headache as nobody likes to pay extra fees and hidden charges. So, the credit card legal rights under the Credit CARD Act offer the right to customers to charge penalties against issuers who break fair credit laws.

6.  Protection from Credit Errors

Credit reports aren’t always spotless and accurate; that’s why you should always check them. According to the Fair Credit Reporting Act, you have the right to get accurate credit reports. Also, if you spot some mistake, you can ask for an amendment.

An FTC study showed that about 25% of consumers found an error in their credit report, while 5% were paying extra interest fees due to those errors.

It was also concluded that 10% of the customers who disputed the inaccuracies, ended up with better credit scores, and got better loan terms.

7.  Right to Freeze the Credit

You have the right to freeze the credit to protect it from theft or misuse. A credit freeze is also known as a security freeze, and by doing so, no one can access your credit details or open an account with your name.

Moreover, you lift the security freeze without paying any charges. Just remember the PIN, contact the credit bureau and follow the steps they recommend.

Wrap up

Now that you know credit card legal rights, we hope you can protect yourself from any fraud or issue. Keep these in mind so you can always remind the credit card company when there is a need.

We suggest you always take a stand whenever you find something odd while dealing with credit cards.

Newsletter
Loading
Location

© Copyright 2019 Halt Law Directory | Connecting Attorneys with Clients in Need. All rights reserved.