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Consumer Credit Protection Act – Lexington Law

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The information provided on this website does not, and is not intended to, act as legal, financial or credit advice. See Lexington Law’s editorial disclosure for more information.

The Consumer Credit Protection Act is federal legislation that provides legal protection of consumers against creditors. It was drafted in 1968 and originally only consisted of the Truth-in-Lending Act, which established the National Commission on Consumer Finance. Since then, the act has been through multiple revisions and additions and now encompasses many aspects of consumer finance, including:

  • Debt collection
  • Credit reporting
  • Credit billing
  • Consumer leasing
  • Electronic fund transfers

Its focus is to provide maximum transparency to consumers and to close the knowledge gap, making financial concepts easy to understand and accessible for everyone. Additionally, it aims to prevent discrimination from lenders when considering an application for credit.

The foundation of the Consumer Credit Protection Act (CCPA) is rooted in four basic consumer rights:

  • Right to safety: Ensures standards, testing and proper warning labels for all products and services.
  • Right to information: Requires companies to provide truthful and accurate information.
  • Right to choose: Prevents unfair competition and lets consumers choose alternative products.
  • Right to be heard: Promises that the government will listen to complaints and act on them.
The four basic consumer rights: right to safety, right to information, right to choose, right to be heard.

7 key components of the Consumer Credit Protection Act

If you have applied for a credit card, loan or mortgage, chances are you have interacted with some aspect of the CCPA. For example, when you apply for a mortgage, you will receive a loan estimate and a closing disclosure with relevant information about fees, interest and more. Whether or not we are consciously aware of it, consumer rights are protected by these seven amendments: 

1. Truth-in-Lending Act

The Truth-in-Lending Act (TILA) requires that creditors provide consumers with all the necessary information for a personal loan, mortgage or other line of credit. This includes all fees, interest rates and other necessary information, which must be presented in an easy-to-understand way. This allows consumers the ability to compare offers and shop around to get the best deal.

Main protection: Requires that creditors explain the true cost of credit.

2. Title III

Title III was enacted to stop creditors from claiming a high percentage of employees’ wages to pay off their debts. It limits wage garnishment to 25 percent of an employee’s disposable income after taxes or 50 percent for child support, taxes and bankruptcy judgements. Additionally, it requires a court order to establish wage garnishment and prohibits employee discharge due to any one specific debt under wage garnishment.

Main protection: Limits wage garnishment and protects employees from being fired on the basis of garnishment.

3. Fair Credit Reporting Act

The Fair Credit Reporting Act (FCRA) ensures that consumers have the right to the information listed on their credit report. Prior to this act, enacted in 1970, consumers could not order a copy of their credit report, check the accuracy of the items on it or dispute these items. This meant that credit bureaus could get away with inaccurate reporting with no repercussions. 

Main protection: Requires creditors to tell consumers when their information is being used and gives consumers rights to protect their information.

4. Fair Credit Billing Act

The Fair Credit Billing Act was designed to give consumers the right to dispute billing errors, which may include unauthorized charges, unidentified charges, mathematical errors, failure to provide an account statement or failure to credit an account with a payment. Under the act, consumers can file a claim within 60 days of the error, and they are not required to pay the amount until the issue is resolved.

Main protection: Gives consumers the right to dispute errors or unauthorized credit use.

5. Equal Credit Opportunity Act

The Equal Credit Opportunity Act aims to provide equal financial opportunity to all Americans applying for credit. It prevents creditors from denying an application based on any non-creditworthiness factor, including race, color, sex or religion. If an organization has shown a history of discrimination, they can be held accountable by the Department of Justice. If you are asked any of these personal questions when applying for a loan, they are not required for approval and you may choose not to answer.

Main protection: Prohibits creditors from denying a loan application on the basis of race, color, sex or religion.

6. Fair Debt Collection Practices Act

The Fair Debt Collection Practices Act (FDCPA) gives consumers who have defaulted on a loan certain rights and protections. This is because debt collection agencies have a history of aggressive and unfair tactics to coerce consumers into paying back their debts. The FDCPA limits how often debt collection agencies can contact consumers, prohibits threats, protects consumer privacy and more.

Main protection: Protects consumers from harassment by debt collection agencies.

7. Electronic Fund Transfer Act

With the rise of ATMs and the fall of paper checks, the government enacted the Electronic Fund Transfer Act to give consumers the same level of confidence while making electronic payments as they do with paper payments. This act is designed to protect consumers when transferring funds electronically via ATM, direct deposit, point-of-sale transactions, transfers by phone and more.

Main protection: Ensures protection for electronic transfers and limits financial penalties for errors.

How to leverage your credit protection rights

As you navigate through life’s financial opportunities and challenges, you’ll work with various creditors, financial advisors and more. As a consumer, it’s important to be well-informed on your rights so that you can recognize when they’re violated and exercise your right to be heard, should you need to file an official complaint. If you believe you’ve been discriminated against or misled, any of the following organizations will hear your complaint:

File a complaint with the Federal Trade Commision here: 

https://www.ftccomplaintassistant.gov/

File a complaint with the Consumer Financial Protection Bureau here: 

https://www.consumerfinance.gov/complaint/

File a complaint with the U.S. Attorney General here:

https://www.justice.gov/crt/filing-complaint

File a complaint with the Better Business Bureau here: 

https://www.bbb.org/consumer-complaints/file-a-complaint/get-started

Where to file a consumer complaint: Federal Trade Commission, Better Business Bureau, U.S. Attorney General, Consumer Financial Protection Bureau.

Before working with a credit repair company, make sure they understand and value your rights. Lexington Law helps you leverage your rights by complying with the Credit Repair Organizations Act—and we have helped clients legally remove millions of questionable items from their credit reports. To learn more about your rights as a consumer and how to better understand your credit, contact our team for a free personalized consultation.


Reviewed by John Heath, Directing Attorney of Lexington Law Firm. Written by Lexington Law.

Born and raised in Salt Lake City, John Heath earned his BA from the University of Utah and his Juris Doctor from Ohio Northern University. John has been the Directing Attorney of Lexington Law Firm since 2004. The firm focuses primarily on consumer credit report repair, but also practices family law, criminal law, general consumer litigation and collection defense on behalf of consumer debtors. John is admitted to practice law in Utah, Colorado, Washington D. C., Georgia, Texas and New York.

Note: Articles have only been reviewed by the indicated attorney, not written by them. The information provided on this website does not, and is not intended to, act as legal, financial or credit advice; instead, it is for general informational purposes only. Use of, and access to, this website or any of the links or resources contained within the site do not create an attorney-client or fiduciary relationship between the reader, user, or browser and website owner, authors, reviewers, contributors, contributing firms, or their respective agents or employers.

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Does Getting Joint Credit Cards Have an Impact on Both Spouses’ Credit?

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couples credit history

While marriage can help you improve your financial situation, it does not automatically mean that you and your spouse will share a credit report. Your credit records will remain separate, and any joint accounts or joint loans that you open will appear on both of your reports. While this can be advantageous, it’s critical to remember that joint account activity can effect both of your credit scores positively or negatively, just as separate accounts do.

Users Who Are Authorized

An authorized user is a user who has been added to an existing credit account and has been granted the authority to make purchases. Authorized users are typically issued a card bearing their name, and any purchases made by them will appear on your statement. The primary distinction between an authorized user and a shared account owner is that the account’s original owner is solely responsible for debt repayment. Authorized users, on the other hand, can always opt-out of their authorized status, although the principal joint account owner cannot.

If your credit score is better than your spouse’s as an authorized user, he or she may benefit from a credit score raise upon account addition. This is contingent upon your creditor notifying the credit bureaus of permitted user activity. If your lender does report authorized users, the activity on your account may have an effect on both you and your spouse. However, some lenders report only positive authorized user information, which means that late payment or poor usage may not have a negative effect on someone else’s credit. Consult your lender to determine how authorized users on your account are treated.

Joint Credit Cards Have an Impact on Your Credit Score

Opening a joint credit account or obtaining joint financing binds both of you legally to the debt’s repayment. This is critical to remember if you divorce or separate and your spouse refuses to make payments, even if previously agreed upon. It makes no difference who is “responsible,” the shared duty will result in both partners’ credit histories being badly impacted by late payments. Regardless of changes in relationship status or divorce order, the creditor considers both parties to be liable for the debt until the account is paid in full.

Accounts Individuals

Whether you’re happily married or divorced, you and your spouse may decide to open separate credit accounts. Most creditors will enable you to transfer an account that was previously joint to one of your names if both of you agree. However, if there is a debt on the account, your lender may refuse to remove your spouse’s name unless you can qualify for the same credit on your own. Depending on your financial status, qualifying for financing and credit on a single income may be tough.

Considerations

While creating the majority of your accounts jointly with your spouse may make it easier to obtain financing (two salaries are preferable to one), reestablishing credit independently following a divorce or separation is not always straightforward. To make matters worse, your spouse may wind up causing significant damage to your credit rating following the separation, either intentionally or through irresponsibility – making the financial situation much more difficult.

Before you rush in and open accounts with your spouse, take some time to discuss the shared responsibility of these accounts and what you and your husband would do in the event of a worst-case situation. These types of financial discussions can be difficult, especially when you rely on items lasting a long time, but a mutual understanding and respect for each other’s credit can go a long way toward keeping your score when sharing an account.

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Should you pay down debt or save for retirement?

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rebuilding credit

While establishing a comprehensive, workable budget is undeniably one of the most important factors in maintaining a healthy financial life, it can also be one of the most difficult. For those who are struggling with personal debt, building a budget can be particularly challenging. When the money coming in has to stretch like a contortionist to cover expenses, it can be hard to determine where to focus — and where to trim.

Sometimes, the battle of the budget can come down to a choice between dealing with the present — and thinking about the future. When your income is running out of stretch, do you pay off your existing debt, or do you start saving for retirement? At the end of the day, the solution to that particular dilemma depends on the type of debt you have and how far you are from retiring.

If you have high-interest debt, pay it down

When considering how to allocate your budget, it’s important to understand the different kinds of debt you may have. Consumer debt can be categorized into two basic types: low-interest debt and high-interest debt, each with its own impact on your credit (and your budget).

In general, low-interest debt consists of long-term or secured loans that carry a single-digit interest rate, such as a mortgage or auto loan. Though no debt is the only real form of good debt, low-interest debt can be useful to carry. For instance, purchasing a home with a low-interest mortgage can actually save you money on housing costs if you do your homework and buy a house well within your price range.

High-interest debt, on the other hand, typically has a hefty double-digit interest rate and shorter loan terms, such as that of a credit card or payday loan. High-interest debt is the most expensive kind of debt to carry from month to month and should always be priority number one when building a budget.

To illustrate why you should focus on high-interest debt above everything else, consider a credit card carrying the average 19% APR and a $10,000 balance. If the balance goes unpaid, that high-interest credit card debt will cost $1,900 a year in interest payments alone. Now, compare that to the stock market’s average annual return of 7%, and it becomes clear that you’ll see significantly more bang for your buck by putting any extra funds into your high-interest debt instead of an investment account.

If you are having trouble paying off your high-interest debt, there may be some steps you can take to make it more manageable. For example, transferring your credit card balances from high-interest cards to ones offering an introductory 0% APR can eliminate interest payments for 12 months or more. While many of the best balance transfer cards won’t charge you an annual fee, they may charge a balance transfer fee, so do your research. You’ll also want to make sure you have a plan to pay off the new card before your introductory period ends.

Most balance transfer offers will require you to have at least fair credit, so if your credit score needs some work, you may not qualify. In this case, refinancing your high-interest debt with a personal loan that has a lower interest rate may be your best bet. Make sure to compare all of the top bad credit loans to find the best interest rate and loan terms.

If you’re nearing retirement, start to save

The closer you get to retirement age, the more important it becomes to ensure you have adequate retirement savings — and the more pressure you may feel to invest every spare penny into your retirement fund. No matter your age, however, paying off your high-interest debt should always remain the priority, as it will always provide the best rate of return (as well as likely provide a credit score boost).

Indeed, no matter how tempting it becomes, you should avoid reallocating money you’ve dedicated to paying off high-interest debt to save for retirement. Instead, the focus should be on re-evaluating your budget to find any additional savings you can. To be successful, you will need to make a strong distinction between want and need — and, perhaps, make some tough lifestyle choices.

Though simply eliminating your daily coffee drink won’t magically provide a solid retirement fund, saving a few bucks by homebrewing while also eliminating a pricey cable bill in favor of an inexpensive streaming service — or, better yet, free library rentals — can add up to big savings over the course of the year. The ideal strategy will involve overhauling every aspect of your lifestyle, combining both large and small cuts to develop a lean budget structured around your long-term goals.

Of course, while you should never allocate debt money to your retirement savings, the reverse is also true. It is almost always a horrible idea to remove money from your retirement account before you hit retirement age — for any reason. Withdrawing early means you will be stuck paying hefty fees for withdrawing money early and, depending on the type of account, you may also have to pay significant taxes.

Aim for both goals by improving income

As you take the necessary steps to pay off debt and save for retirement, you may have already stretched the budget so thin it’s practically transparent. In this case, it is time to consider ways to improve your overall income. Increasing the amount you have coming in not only provides extra savings to put toward your retirement, but may also speed up your journey to becoming debt-free.

The easiest solution may be to look for ways to increase your income through your current job; think about taking on additional shifts or overtime hours to earn some extra cash. Depending on your position — and the time you’ve been with the company — consider asking for a pay raise or promotion, as well.

If you do not have options to make more money at your day job, it may be time to find a second job. Look for opportunities that provide flexible schedules that will accommodate your regular job; many work-from-home positions, for example, can easily fit into most work schedules. Doing neighborhood odd jobs, such as babysitting and dog walking, may also provide a solid income boost without interfering with your existing job.

For some, the need to pay off debt and improve retirement savings can be more than just a source of stress — but a hidden opportunity to begin a new career adventure. Instead of being weighed down by yet more work, use the desire to better your budget as a reason to explore the profit potential of a passion or hobby. Starting a small online store, part-time consulting service, or other small business can be a great way to improve your income and your overall happiness.

While it may sound intimidating, starting a side business can be as simple as putting together a professional looking website and doing a little marketing legwork to spread the word. And no, building a website isn’t as scary — or expensive — as it seems, either. A number of the top website builders now offer simple drag-and-drop interfaces perfect for putting together a professional-looking web page in minutes (without breaking the bank).

Learn how you can start repairing your credit here, and carry on the conversation on our social media platforms. Like and follow us on Facebook and leave us a tweet on Twitter.



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How does a loan default affect my credit?

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loan default

Nobody takes out a loan expecting to default on it. Despite their best intentions, people sometimes find themselves struggling to pay off their loans. These types of struggles happen for many reasons, including job loss, significant debt, or a medical or personal crisis.

Making late payments or having a loan fall into default can add pressure to other personal struggles. Before finding yourself in a desperate situation, understanding how a loan default can impact your credit is necessary to avoid negative consequences.

30 days late

Missing one payment can further lower your credit score. If you can pay the past due amount plus applicable late fees, you may be able to mitigate the damage to your credit, if you make all other payments as expected.

The trouble starts when you (1) miss a payment, (2) do not pay it at all, and (3) continue to miss subsequent payments. If those actions happen, the loan falls into default.

More than 30 days late

Payments that are more than 30 days past due can trigger increasingly serious consequences:

  • The loan default may appear on your credit reports. It will likely lower your credit score, which most creditors and lenders use to review credit applications.
  • You may receive phone calls and letters from creditors demanding payment.
  • If you still do not pay, the account could be sent to collections. The debt collector seeks payment from you, sometimes using aggressive measures.

Then, the collection account can remain on your credit report for up to seven years. This action can damage your creditworthiness for future loan or credit card applications. Also, it may be a deciding factor when obtaining basic necessities, such as utilities or a mobile phone.

Other ways a default can hurt you

Hurting your credit score is reason enough to avoid a loan default. Some of the other actions creditors can take to collect payment or claim collateral are also quite serious:

  • If you default on a car loan, the creditor can repossess your car.
  • If you default on a mortgage, you could be forced to foreclose on your home.
  • In some cases, you could be sued for payment and have a court judgment entered against you.
  • You could face bankruptcy.

Any of these additional consequences can plague your credit score for years and hinder your efforts to secure your financial future.

How to avoid a loan default

Your options to avoid a loan default depend upon the type of loan you have and the nature of your personal circumstances. For example:

  • For student loans, research deferment or forbearance options. Both options permit you to temporarily stop making payments or pay a lesser amount per month.
  • For a mortgage, ask the lender if a loan modification is available. Changing the loan from an adjustable rate to a fixed rate, or extend the life of the loan so your monthly payments are smaller.

Generally, you can avoid a loan default by exercising common sense: buy only what you need and can afford, keep a steady job that earns enough income to cover your expenses, and keep the rest of your debts low.

Clean up your credit

The hard reality is that defaulting on a loan is unpleasant. It can negatively affect your credit profile for years. Through patience and perseverance, you can repair the damage to your credit and improve your standing over time.

Consulting with a credit repair law firm can help you address these issues and get your credit back on track. At Lexington Law, we offer a free credit report summary and consultation. Call us today at 1-855-255-0139.

You can also carry on the conversation on our social media platforms. Like and follow us on Facebook and leave us a tweet on Twitter.



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