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CREDIT SERVICES ORGANIZATIONS VS. LAW FIRMS
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Credit Services Organizations
A credit repair organization is a type of credit services organization. As consumer
lending guidelines became more automated in the 1990’s, consumers began to develop
a vital interest in ensuring the information contained in their credit reports was
correct. Credit repair services grew rapidly in the 1990’s, but unfortunately a
lack of consumer understanding about the credit industry allowed an environment
of unrealistic and fraudulent promises to exist between credit repair organizations
and customers.
In order to combat credit repair fraud, Congress passed the Credit Repair Organizations
Act (CROA) on September 30, 1996. The CROA is part of the Consumer Credit Protection
Act and is designed to prevent fraud and provide consumers with protection if the
help of a credit repair organization is sought after. The CROA is a powerful tool
to compel a credit repair organization to act within an ethical manner because failure
to do so can trigger a violation of state and federal deceptive trade practice laws.
Congress found that a consumer like you has a vital interest in establishing and
maintaining your credit worthiness and credit standing in order to obtain and use
credit. As a result, a consumer such as you who might have experienced credit problems
may seek assistance from a credit repair organization which offers advice or assistance
to improve your credit standing.
Congress also found that certain advertising and business practices of some companies
engaged in the business of credit repair services had been known to create a financial
hardship upon a consumer such as you, but particularly one who has limited economic
means and who is inexperienced in credit matters.
The purpose of the CROA is not only to ensure that you are provided with the information
necessary to make an informed decision regarding the purchase of a credit repair
service but also to protect you from unfair or deceptive advertising and business
practices by a credit repair organization.
A credit repair organization like ours is not permitted to practice law; however,
under the CROA we are permitted to provide you with advice or assistance which can
help you improve your credit. The Fair Credit Reporting Act permits you without
hiring a lawyer to dispute inaccurate, unverifiable, outdated, and potentially misleading
credit information directly with a credit bureau by using consumer protection laws.
Because we are allowed under the CROA to provide the advice and assistance you may
need to help you improve your credit under the FCRA, we may legally use any consumer
protection laws available to assist you with your formal FCRA credit dispute letters.
No credit repair organization can threaten to sue or engage in a lawsuit on your
behalf against a creditor, debt collector, or credit bureau. If you feel the need
to pursue legal action against a creditor, debt collector, or credit bureau after
you have exhausted your formal FCRA dispute attempts you will have to find a lawyer
to do so.
Many of our clients choose CMA Financial Corporation because we require that you
review and sign each formal FCRA dispute letter which is sent out. This transparent
processing allows you to build a file which you can later use should you decide
to pursue legal action against a creditor, debt collector, or credit bureau.
The CROA only permits a credit repair organization to charge you once each service
promised to you in your contract has been fully performed. It is important for you
to know that the CROA also allows for each state to have credit repair laws which
build upon the CROA.
The state of Texas allows a credit repair organization to charge money in advance
of full completion of the services in your contract if the credit repair company
not only is a registered credit services organization but also holds a $10,000 surety
bond.
We comply with both requirements of Texas Law permitting us to charge you money
upfront; however, we fully adhere to the retroactive billing requirement of the
CROA. We only charge you upon completion of the promised credit services agreed
upon in your contract.
The cost of credit repair can range widely from upfront fees starting at $99 up
to over $1000. Monthly service fees can range from nothing to over one hundred dollars
and the terms can range from six to twelve months. Our credit services provides
the perfect balance of affordability and quality which you will need to repair your
credit.
Law Firms
A consumer advocacy law firm which provides credit repair services is under a completely
different set of guidelines than a credit repair organization. The CROA and state
credit repair laws specifically exclude any law firm from being covered. Law firms
are compelled to act in an ethical manner by the obligations imposed upon them from
the local bar association.
A law firm may practice law, threaten to sue, and engage in suit with a creditor,
debt collector, or credit bureau; however, this is not the usual method of repairing
credit even for a law firm because the FCRA was designed by Congress to act as a
filter between the consumer and the credit bureau and creditor to eliminate frivolous
lawsuits.
The FCRA provides immunity from consumer lawsuits against a credit bureau and creditor
which reports inaccurate, unverifiable, obsolete, and potentially misleading credit
report information until you file a formal FCRA dispute against such information.
Only then, under the FCRA, a credit bureau and creditor is only liable for negligent
or willful non-compliance of the FCRA.
A law firm typically has to write the same type of legal-based FCRA formal dispute
letter so the FCRA immunity against a credit bureau or creditor is lifted. An attorney
can range in price from $150 to $400 per hour depending on the particular law firm
and law practice.