Consumer Protection Litigation

Our Consumer Litigation practice covers a broad area of issues. Often times when a business takes advantage of a consumer, it can seem impossible. Usually an individual is going up against a corporation that has enormous resources. Most consumers feel as if they have no recourse. A lot of law firms won’t even consider taking on their case, and the ones that do, want to charge an enormous amount of fees to represent the consumer.

Most consumers are not in a financial position to bring these businesses to justice.  Businesses understand this, which is why they continue to take advantage of consumers.

However, there are state and federal statutes designed to protect consumers. Our law firm focuses on not only protecting consumers, but holding businesses and creditors accountable.  We pride ourselves on taking cases other law firms won’t.

Types of Consumers Protection cases we work on

Auto Dealerships

Often times auto dealerships will use unlawful practices in getting a vehicle sold. They over-promise, fail to disclose terms, and treat consumers unfairly. Our firm specializes in holding auto dealership and auto finance companies accountable.

Mortgage Companies

Mortgage servicers often times take advantage of consumers. Most people have experienced calling a mortgage company and being told to do one thing, then getting a letter that tells them something completely different. Whether its about getting a loan modification or setting up a payment plan for missed payments. In addition, mortgage servicers tend to transfer and assign the notes to new servicers.

Debtor Collectors

Debt collectors entire purposes it to use fear to force consumers to comply. Often times a consumer has no idea what their rights are or what a debt collector can actually do. Some debt collectors infer that if they don’t pay them right now, they could possibly go to jail or will face a lawsuit and have all of their assets taken. Usually, out of fear, a consumer will simply comply with these terms.

Attorney Fees

This is the biggest reason why most consumers never hire a law firm to help them protect their rights and hold a business accountable. It’s often too expensive. But what most consumers fail to realize is that consumer protection statutes require that a business who violates these statutes to be responsible for the attorney fees. This allows Herrin Law to offer fair and affordable payment plans because if we prevail, the creditor is forced to pay the attorney fees. In many cases, Herrin Law will take a consumer protection case on contingency, meaning the consume is not required to pay the firm. We do this because we are confident in our ability to win at trial, which will require the creditor to pay the attorney fees.

Consumer Protection Laws

This statute protects Texas Consumers from “false, misleading, or deceptive acts or practices.” If a consumer is able to prevail under the DTPA, the business is required to pay potential fines, actual damages, attorney fees. In some cases, the DTPA requires the business to pay emotional damages and if the facts merit it, punitive damages.

This statute protects consumers from unlawful collection practices. The type of unlawful activity include:

  • Threatening violence
  • Using profane or obscene language
  • Falsely accusing a consumer of fraud or other crimes
  • Threatening arrest or seizure of property
  • Calling consumers at improper times of the day
  • Making calls without disclosing the true name of the caller

If a consumer prevails under these statute the creditor will be forced to pay actual damages, possible emotional damages, as well as attorney fees.

This federal law applies to debt collectors and is similar to the TDCA. The FDCPA prohibits:

  • Calling a person at work
  • Calling relatives
  • Calling at prohibited times (before 8am, after 9pm).
  • Making false or misleading statements
  • Conduct that is harassing or abusive

If a consumer prevails under the FDCPA, they are entitled to statutory damages, actual damages, attorney fees, and mental anguish.

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