Consumer Lawyer Articles Search

A. Introduction In my almost 27 years of practice, I spent 12 years in the Consumer Protection Division of the Office of the Attorney General from 1985 to 1997. During my time with the OAG, one of my most unpleasant tasks was responding to what we called ORA's, short for Open Records Act requests. If there was a request for information on a business being investigated or sued by the OAG for DTPA violations, I was forced to comb the file for responsive documents, to consider what... [More Info]

Chapter Nine Finding Consumer Claims in Bankruptcy Cases Attorneys representing debtors in bankruptcy court are probably more exposed to a wider gamut of consumer law issues than any other sub-set of attorneys. Bankruptcy debtors are often a desperate and yet unsophisticated lot that are subject to many abuses not visited upon sophisticated, middle class consumers with prime credit ratings. Being short of money and convinced that conventional lending sources are unavailable,... [More Info]

What was once almost unheard of has now become common practice: individuals being sued over credit card debt. Increasingly, credit card companies and third party debt collectors are filing lawsuits against consumers in small claims and county courts. Public records searches reveal some parties suing in hundreds of cases each month in Harris County alone. Is it all bad news or is there some light at the end of the tunnel for consumers defending themselves on defaulted debts? From the... [More Info]

If you are having debt problems, a collector or collection agency may contact you seeking payment, but you should still be treated fairly. This article explores in plain language how the Fair Debt Collection Practices Act helps you fight back against unfair, unethical and illegal tactics.

We are a society of buyers surrounded by offers of easy credit. Minors get solicitations for credit cards through the mail. College students are flooded with credit card offers. It’s easy to buy on credit and plan to pay later what you can’t afford today. Reports show the average American household carries over $9,000 in credit card debt. Unfortunately, some people fall behind on their payments and end up hounded by debt collectors. You should know there are laws that define what debt collectors

Attorneys who fit the definition of “debt collector” need to be careful about complying with the Federal Debt Collection Practices Act to avoid potential liability for statutory damages and costs of litigation. While easier to comply with, the Texas Debt Collection Act raises potential liability issues in particular for creditors attempting to collect their own debts. This article explores federal and state laws.

Everyone who owns a home should understand when a worker can put a lien on their home and what they can do about it. While the term “homestead” has been touted to protect homeowners in Texas, there is much confusion about what the term means and when creditors can actually place a lien on your home.

Printer Friendly Version Consumers need to be aware that the arbitration agreement in the contract they sign for a car, home, remodeling project, credit card application or loan, can have a major impact on their rights. Agreeing to a binding arbitration clause as part of a contract prevents all parties from going to court. These clauses typically require parties to present any complaints for resolution to... [More Info]

Printer Friendly Version For individuals considering remodeling their home or buying a newly constructed home, new requirements under Texas law provide consumers valuable information and some protection, but also create a maze of hurdles for homeowners with construction problems. Under the Texas Residential Construction Commission Act (TRCC Act), as of November 1, 2005, new homes must be registered with... [More Info]

A yo-yo or spot delivery is a very common sales practice with both new and used car dealers, and it is probably the most insidious practice affecting consumers with poor credit histories. This article examines how consumers can tell when such a case is worth taking to court.

Tort reform has taken a bite out of private enforcement of consumer protection laws. This article evaluates how attorneys can represent consumer plaintiffs in the future by reviewing the history of tort reform’s impact.

there remain many deceptive automobile sales cases worth taking to court. In particular, odometer rollbacks and undisclosed wreck damage provide strong bases for suit. This article explores why people who feel they've been wronged should consider taking action.

Debtors who are short of money are often more likely to seek payday loans with interest rates that commonly exceed 500%, auto title loans with interest rates in excess of 100% and to be subject to yo-yo spot deliveries of automobiles. This article explores this problem.

CAR TITLE DISPUTES ARISING OUT OF SALES OUT OF TRUST by Richard Tomlinson Attorney at Law Board-Certified in Consumer and Commercial Law 1 Greenway Plaza, Suite 100 Houston, Texas 77046 713/627-7747 (telephone) 713/727-3035 (fax) rtomlin4@ix.netcom.com (e-mail) With thanks to: Donald L. Turbyfill Devlin, Naylor & Turbyfill 4801 Woodway, Suite 420 West Houston, Texas 77056 713/622-8338 (telephone) 713/713/586-7053 (fax) dturbyfill@dntlaw.com (e-mail) ... [More Info]