Consumer Protection Legal Help:Federal and State Consumer Rights, Disputes, and Remedies

S.C. § 45). Federal Trade Commission Act. Prohibits unfair or deceptive acts or practices in or affecting commerce. Primary federal consumer protection statute. FTC enforcement plus state law claims often parallel violations.

S.C. § 1692 et seq.). Fair Debt Collection Practices Act. Regulates third-party debt collectors. Substantial prohibitions on abusive practices. Private right of action with statutory damages plus actual damages plus attorney fees. See FDCPA page for details.

S.C. § 1681 et seq.). Fair Credit Reporting Act. Governs credit reporting agencies and credit information accuracy. Substantial dispute rights. Private right of action with statutory damages plus actual damages plus attorney fees. See Credit Repair page.

S.C. § 1666 et seq.). Fair Credit Billing Act. Protects consumers from billing errors on credit accounts. Specific dispute procedures. Substantial protections for credit card billing disputes. See Chargeback Dispute page.

S.C. § 1601 et seq.). Truth in Lending Act. Requires consumer credit disclosures. Substantial protections for mortgage and credit card consumers. Foundation of credit transparency.

Federal warranty law for consumer products. Specific provisions: full vs limited warranties, written warranty requirements, prohibited disclaimers, jury trial rights, attorney fees provision. Substantial supplement to UCC.

S.C. § 1693 et seq.). Electronic Funds Transfer Act. Protects electronic transfers. Substantial protections for unauthorized transfers. Foundation of electronic banking protection.

S.C. § 227). Telephone Consumer Protection Act. Restricts telephone solicitations and use of automated dialers. Statutory damages of $500 per violation, up to $1,500 for willful violations. Substantial private right of action.

Controlling the Assault of Non-Solicited Pornography And Marketing Act. Regulates commercial email. Substantial enforcement provisions. Foundation of email marketing protection.

S.C. § 6501 et seq.). Children's Online Privacy Protection Act. Protects children under 13 from online data collection. Substantial fines and requirements. Foundation of online privacy for children.

Consumer Financial Protection Bureau. Enforces multiple consumer financial protection laws. Substantial regulatory authority. Foundation of financial consumer protection.

S.C. § 1691 et seq.). Equal Credit Opportunity Act. Prohibits discrimination in credit transactions. Substantial enforcement. Foundation of credit fairness.

S.C. § 2601 et seq.). Real Estate Settlement Procedures Act. Governs mortgage origination and servicing. Substantial consumer protections. Foundation of mortgage consumer protection.

F.R. § 433). Federal Trade Commission rule. Allows consumers to assert claims and defenses against creditors who acquire consumer credit contracts from sellers. Substantial protection. Foundation of seller-creditor liability.

F.R. § 429). FTC rule. Three-day right to cancel sales of $25+ at home, workplace, dormitory, or temporary location. Foundation of high-pressure sales protection.

Third-party debt collectors using prohibited practices. Federal FDCPA primary protection. State laws supplement. Substantial private right of action. See FDCPA and Unfair Debt Collection pages.

Inaccurate information on credit reports. FCRA primary protection. Substantial dispute procedures. Private right of action. See Credit Repair page.

Errors on credit card and credit account statements. FCBA primary protection. Specific dispute procedures within 60 days. See Chargeback Dispute page.

Defective vehicles. State lemon laws plus federal Magnuson-Moss. Substantial remedies (replacement, refund, damages). See Lemon Law page.

Express and implied warranty claims. UCC § 2-313 (express), § 2-314 (merchantability), § 2-315 (fitness for purpose). Magnuson-Moss federal supplement. See Warranty Dispute page.

Fraudulent credit repair services. Federal Credit Repair Organizations Act protections. State laws supplement. See Credit Repair page.

Unauthorized use of personal information. Multiple federal and state laws. Specific recovery procedures. See Identity Theft page.

Fraudulent telephone solicitations. TCPA federal protection. State laws supplement. Do Not Call Registry. Foundation of telephone fraud protection.

Online scams and fraud. Multiple federal and state laws. Specific to type. Foundation of digital fraud protection. See Scams and Fraud page.

Online relationship-based fraud. Multiple federal and state laws. Substantial recent emphasis. See Scams and Fraud page.

Fraudulent home repair contractors. State laws plus general consumer protection. Often substantial state statutes specifically addressing. Foundation of contractor regulation.

Fraudulent practices by vehicle dealers. State laws specifically addressing. Lemon law overlap. Foundation of vehicle sales protection.

Difficult-to-cancel subscriptions. Federal ROSCA (Restore Online Shoppers' Confidence Act) plus state laws (California AB 390, others). Foundation of subscription regulation.

Excessive pricing during emergencies. State laws specifically addressing. Substantial enforcement during disasters. Foundation of disaster pricing protection.

Dangerous or defective products. Consumer Product Safety Commission federal enforcement. Product liability claims. See Product Liability (Personal Injury section).

ReportFraud.ftc.gov. Online complaint about consumer fraud, scams, identity theft. FTC compiles complaints, may take enforcement action, doesn't typically resolve individual disputes. Foundation of federal consumer fraud reporting.

consumerfinance.gov/complaint. Online complaints about consumer financial products and services: credit cards, mortgages, debt collection, credit reporting. Substantial company response required. Often achieves individual resolution.

Most state AGs have consumer protection divisions. Online or written complaints. Substantial state enforcement. Often achieves resolution. Foundation of state consumer protection.

Better Business Bureau. Voluntary mediation. Less powerful than government complaints but often quicker. Foundation of voluntary resolution. Specific to BBB membership.

Some law schools have consumer protection clinics. Foundation of free or low-cost representation.

For licensed professionals (doctors, lawyers, contractors, etc.). Substantial professional discipline. Foundation of professional licensing enforcement.

Specific industries have specific complaint mechanisms: SEC (securities), CFPB (financial), FCC (telecommunications), DOT (transportation). Specific procedural framework.

Many consumer disputes appropriate for small claims (typically up to $5,000-$25,000 depending on state). Lower fees, simpler procedures. Foundation of efficient resolution.

For substantial damages or complex matters. Specific procedural framework. Foundation of formal litigation. See specific subcategory pages for details.

Multiple consumers with similar claims. Specific procedural framework. Substantial class action requirements. Foundation of mass consumer protection. Often pursued by specialized plaintiffs' attorneys.

Multiple consumer plaintiffs joined in single action. Specific procedural framework. Foundation of multi-plaintiff litigation.

Voluntary, non-binding facilitation. Often available through court or industry programs. Foundation of facilitated resolution.

Often required by consumer contracts. Specific procedural framework. Substantial enforcement under Federal Arbitration Act. Foundation of contractual dispute resolution. Often less consumer-friendly than litigation.

For substantial fraud or identity theft. Foundation of private fact-finding. Specific to circumstances.

For criminal consumer fraud, identity theft. Foundation of criminal prosecution and identity theft response. Often required for FTC identity theft procedures.