Consumer Protection Attorneys in Wichita Falls, TX, & Lawton, OK

Our law firm can protect your rights and look out for your best interests

Violations of consumer rights, particularly involving communications, credit reporting, and personal data security, can significantly disrupt the lives of consumers. Victims can experience an invasion of privacy, financial losses, identity theft, long-lasting damage to credit scores, and ongoing stress and anxiety.

The consumer protection lawyers at Hoover Rogers Law, LLP fight for the rights of consumers. If you have been subjected to invasive calls, credit report errors, or suffered a breach of your personal data, we will fight to help you get justice and recover the financial compensation you deserve.

Telephone Consumer Protection Act Violations

The Telephone Consumer Protection Act (TCPA) is a U.S. federal law enacted in 1991 (and updated several times since then) designed to protect consumers from unwanted telemarketing calls, faxes, and text messages. Administered by the Federal Communications Commission (FCC), the TCPA sets guidelines for telemarketing practices and the use of automated telephone equipment.

Examples of TCPA violations include:

  • Making automated calls or sending automated text messages to cell phone numbers without the recipient’s explicit permission.
  • Telemarketing calls made to numbers that have been registered on the “National Do Not Call Registry” unless there is an established business relationship or prior consent.
  • Sending pre-recorded telemarketing messages to residential landlines or cell phones without the recipients’ prior express consent.
  • Continuing to call or message consumers after they have requested to opt out of such communications.
  • Failing to transmit or display accurate caller identification information, making it difficult for recipients to identify or block unwanted calls.
  • Making telemarketing calls outside of the allowed hours, which are before 8 a.m. or after 9 p.m. local time of the called party.

Violations of the TCPA can lead to hefty fines, and the act allows consumers to file lawsuits and seek damages for TCPA violations, which can include up to $500 per violation or actual damages, whichever is greater, and up to $1,500 per willful violation.

Fair Credit Reporting Act Violations

The Fair Credit Reporting Act (FCRA) is a United States federal law enacted in 1970 (and updated several times over the years) to ensure the accuracy, fairness, and privacy of consumer information contained in the files of consumer reporting agencies. The FCRA is designed to protect the integrity and privacy of credit reporting and to ensure that consumer reporting agencies act responsibly with the information they handle.

Examples of FCRA violations include:

  • Failing to maintain accurate, complete, and up-to-date information in consumer credit reports.
  • Not conducting a proper investigation within the required timeframe (usually 30 days) after a consumer disputes information on their credit report.
  • Providing credit reports to individuals or entities without a permissible purpose or without the consumer’s consent.
  • Failing to take reasonable measures to dispose of consumer information securely, which could lead to unauthorized access and identity theft.
  • Not informing consumers about negative information that has been added to their credit report within 30 days of doing so.
  • Failing to obtain proper authorization before conducting a credit check for employment purposes.
  • Not providing a notice when a consumer receives less favorable credit terms based on their credit report.

If you were impacted by a violation committed by a credit reporting agency – such as Equifax, Experian, or TransUnion – you have legal options. The FCRA allows for statutory damages of $100 to $1,000 per violation. Consumers can also seek additional compensation through legal action if they can prove actual harm or losses.

Data breach cases

Companies have a crucial responsibility to protect against data breaches that could expose consumer data, given the potential financial, reputational, and legal consequences associated with such incidents. This responsibility is not only a matter of ethical business practice but is also mandated by various laws and regulations, depending on the industry and location of the company.

Consumers can be harmed by a data breach through:

  • Identity Theft: When personal information such as Social Security numbers, birth dates, or bank account details are exposed, criminals can use this data to assume a person’s identity. This may result in unauthorized credit card transactions, the opening of new credit accounts, and other fraudulent activities.
  • Financial Fraud: If credit card numbers, bank account information, or investment details are stolen, consumers are vulnerable to unauthorized withdrawals from bank accounts or charges on credit cards.
  • Phishing Attacks: After a data breach, the likelihood of phishing attempts increases as attackers often use the obtained information to craft more convincing phishing emails or messages. These attacks are designed to trick victims into providing even more sensitive information or downloading malware.
  • Loss of Privacy: Breaches involving personal emails, messages, or health records can lead to a significant invasion of privacy, leading to the release of personal, confidential, or embarrassing information.

If you were the victim of a data breach and suffered financial losses or other damages, a lawyer can help you fight back. This may involve taking legal action against responsible parties and seeking compensation for unauthorized transactions, emotional stress, and the cost of protective measures such as credit monitoring services.

Contact an experienced consumer protection attorney to see how we can help

Whether you’re dealing with unwanted communications, inaccuracies in your credit report, or the aftermath of a data breach, our legal team is committed to ensuring that your privacy is protected, and your rights are upheld.

Our attorneys can help you navigate the complex legal process and fight for the best possible outcome. If you feel that your rights as a consumer were violated, contact us to schedule a free consultation. We can review the details of what happened, discuss your legal options, and answer any questions you have. Our offices are located in Wichita Falls, TX, and Lawton, OK, and we offer legal representation to clients in both states.

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