The Importance of a Proper Legal Foundation Dealing With Credit

When you are a consumer, the essential things you should know about credit card use are using your credit cards wisely and having a good credit score. While having a fair idea of these is important, it is also critical to be aware of many regulations that define certain consumer credit rights, including the terms under which credit is provided to you and the methods through which your credit scores are obtained. This blog shall discuss the critical credit laws so that you can understand the law and its regulations better. Having a proper legal foundation while dealing with credit will enable you to take the appropriate action should any credit problems occur in the future. As a responsible consumer, you need to know about some of the vital credit laws. Check them out here:


1. The Equal Credit Opportunity Act (“ECOA”)


The ECOA prohibits lenders from making decisions that discriminate against customers and companies based on unrelated criteria to the money they must lend. While most consumer regulations are restricted to consumers, the ECOA is significant because it covers both consumers and companies. ECOA, implemented by Regulation B, stipulates that lenders are prohibited from discouraging customers from applying or discriminating against them based on race, gender, color, sex, or age. Also, as under ECOA, lenders cannot inquire about marital status when there are individual, unsecured loan applications.



2. Fair Debt Collection Practices Act (FDCPA)


FDCPA establishes rules on how debt collectors should act when seeking recovery of debts that the original creditor has charged off. When you have a debt transferred to charge-off status because you have stopped paying, the FDCPA sets rules on how your collectors communicate with you and the things they must avoid, such as threatening you, placing you on a credit blacklist, or intercepting your communications.



3. Right to Financial Privacy Act


Under the federal Right to Financial Privacy Act, the government may only have access to personal financial data if it gets written permission, a subpoena, or a search warrant. Congress enacted the legislation in reaction to the 1976 U.S. Supreme Court case in which the court ruled that consumer bank account data were not constitutionally protected with regards to privacy. The 1978 legislation went so far as to make Fourth Amendment privacy protections apply to the material of this kind. For the authorities to get this data, they must notify the account holder, then wait ten or fourteen days for a response before executing a search.



4. Fair Credit Reporting Act (FCRA)


FCRA was enacted in 1970 to provide control and supervision for the credit sector. The FCRA spells out what information is permitted to be included in your credit report, what information is forbidden, and who is entitled to examine your report.


It is challenging to comprehend the intricate laws of the credit industry, but it is crucial that you know your credit rights as a consumer. This blog piece is meant to be a guide and act as a starting point.


If you feel your rights have been violated, and you would like to learn how the S. Davis Law Group can protect you, please contact our office and schedule a consultation at info@sdavislawgroup.com.


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