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The Mechanix of Credit -- credit improvement techniques geared toward the masses. Filing Complaints

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Filing Complaints

Personal Observations
There are specific procedures one must follow to complain about violations of various credit-related laws.  Here are but a few elementary guidelines for filing complaints against creditors, including banks and other entities.

Information for filing complaints against creditors, including banks and corporations.

  1. Complaining to Federal Enforcement Agencies

  2. Complaints about banks

  3. Complaints About Other Institutions.

  4. Penalties Under the Laws

  5. Equal Credit Opportunity Act.

  6. Fair Credit Billing Act

  7. Fair Credit Reporting Act

  8. Electronic Fund Transfer Act


1. Complaining to Federal Enforcement Agencies

First try to solve your problem directly with the creditor or merchant using Corporate Consumer Contacts. Many will be receptive an may allow you to work out an alternative payment program until your hardship passes.

Should that fail, you may file formal complaints with the Federal agencies responsible for carrying out consumer credit protection laws. Research and File a Federal complaint here or consult our comprehensive State Attorneys General page for more options. 

2. Complaining About Banks.

The Federal Reserve provides help and advice to anyone who believes that any part of their business with a bank has been handled in an unfair or deceptive manner.

Your complaint does not have to be covered by Federal law, and you do not have to be a regular customer of the bank to file a complaint. Submit your complaint, in writing to:

Division of Consumer and Community Affairs,
Board of Governors of the Federal Reserve System,
Washington, D.C. 20551

or the Federal Reserve Bank nearest you

Be certain to describe the bank practice that you are complaining about, and give the name and address of the bank involved.

The Federal Reserve will either respond within fifteen days with an answer or explanation of why they need more time to handle your complaint. Additional time is usually required when complex issues are involved, or when complaints are under investigation by a Federal Reserve Bank . The Federal Reserve makes every attempt to keep you informed about the progress being made.

The Federal Reserve Board supervises only State-chartered banks that are members of the Federal Reserve System. Complaints about other institutions are referred to the appropriate Federal regulatory agency. You will be informed whenever your complaint has been referred.

3. Complaints About Other Institutions.

There are many regulatory agencies for other financial institutions and for businesses other than banks. Many of these agencies do not handle individual complaints; however, they will use information about your credit experiences to help enforce the credit laws.

Here is a list of resources that handle consumer complaints. These sources are arranged alphabetically, by topic. Research and File a Federal complaint here or consult our comprehensive  State Attorneys General page for more options. 

4. Penalties Under the Laws

If any creditor fails to disclose information required under the Truth in Lending and Consumer Leasing Acts or gives inaccurate information, or does not comply with the rules about credit cards or the right to cancel certain home-secured loans, you as an individual, may sue.

In addition to actual damages, you can also sue for twice the finance charge in the case of certain credit disclosures, or, if a lease is concerned, 25 percent of total monthly payments.

In either case, the least the court may award you if you win is $100, and the most is $1,000. In any lawsuit that you win, you are entitled to reimbursement for court costs and attorney's fees.

Class action suits are also permitted. A class action suit is one filed on behalf of a group of people with similar claims.

5. The Equal Credit Opportunity Act.

If you think you can prove that a creditor has discriminated against you for any reason prohibited by this Act, you as an individual may sue for actual damages plus punitive damages.

Punitive damages for violating this law range up to $10,000. In a successful lawsuit, the court will award you court costs and a reasonable amount for attorney's fees. Class action suits are also permitted.

Click to view the Equal Credit Opportunity Act.

6. Fair Credit Billing Act.

A creditor who breaks the rules for the correction of billing errors automatically loses the amount owed on the item in question and any finance charges on it, up to a combined total of $50 . . . even if the bill was correct.

You as an individual may also sue for actual damages plus twice the amount of any finance charges, but in any case not less than $100 nor more than $1,000.

You are also entitled to court costs and attorney's fees in a successful lawsuit. Class action suits are also permitted.

Click to view the Fair Credit Billing Act

7. Fair Credit Reporting Act.

You may sue any credit reporting agency or creditor for breaking the rules about who they let see your credit records or for not correcting errors in your file.

You are entitled to actual damages, plus punitive damages that the court may allow if the violation is proved to have been intentional. In any successful lawsuit, you will also be awarded court costs and attorney's fees.

A person who obtains a credit report without proper authorization, or an employee of a credit reporting agency who gives a credit report to unauthorized persons, may be fined up to $5,000 or imprisoned for one year, or both. Class action suits are also permitted.

Click to view the Fair Credit Reporting Act

8. Electronic Fund Transfer Act (EFTA).

If a financial institution does not follow the provisions of the EFT Act, you may sue for actual damages (or in certain cases when the institution fails to correct an error or re-credit an account, for three times actual damages) plus punitive damages of not less than $100 nor more than $1,000.

If an institution fails to make an electronic fund transfer, or to stop payment of a pre-authorized transfer when properly instructed by you to do so, you may sue for all damages that result from the failure.

You are also entitled to court costs and attorney's fees in a successful lawsuit. Class action suits are also permitted.

Click to view the Electronic Fund Transfer Act

 

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