Buying a car should be an exciting experience, not one tainted by deceitful tactics. At Paré & Associates, we understand the frustration and financial strain that can result from automobile fraud, including the infamous yo-yo sales and bait-and-switch tactics.
A yo-yo sale, also known as a spot delivery or conditional delivery, is a deceptive practice often used by some unscrupulous car dealerships. It involves the sale of a car to a customer before financing terms have been finalized.
Here’s how a yo-yo sale typically works:
- The Initial Sale:The customer visits the dealership, selects a car, negotiates a price, and signs a sales contract, believing that the sale is final.
- Provisional Financing:The dealer arranges temporary or provisional financing for the customer, which may or may not be approved by a lender.
- Taking Possession of the Car:The customer is allowed to take possession of the vehicle, often leaving the dealership under the assumption that the deal is complete.
- Recall to the Dealership:In some cases, a few days or weeks after the initial sale, the customer is contacted by the dealer and informed that the financing fell through, and they need to return to the dealership.
- New Financing Terms:The dealer may present new financing terms, which could be less favorable than the original terms, often resulting in higher interest rates, larger down payments, or longer loan terms.
This process can be confusing and stressful for the consumer, as they may believe they already own the vehicle. The term “yo-yo sale” comes from the back-and-forth nature of the transaction, where the customer is metaphorically “yo-yoed” between the dealer and the financing institution.
It’s important to note that while not all spot deliveries are inherently fraudulent, they can be used as a tactic to pressure consumers into accepting less favorable terms than initially agreed upon. In some cases, yo-yo sales can violate consumer protection laws, and consumers may have legal recourse to challenge the transaction. Consulting with a consumer law attorney can provide guidance on how to handle a yo-yo sale situation.
Bait and switch fraud in car sales is a deceptive marketing tactic used by some unscrupulous car dealerships to lure potential customers into their showrooms or onto their websites. The practice involves advertising a specific vehicle or offer at an attractive price to get consumers interested, only to then attempt to “switch” them to a different, typically more expensive, option once they express interest.
Here’s how bait and switch fraud typically works in car sales:
- Baiting:The dealership advertises a specific vehicle or a deal that seems too good to pass up. This could include an exceptionally low price, special financing rates, or other enticing offers.
- Luring Customers:Consumers are drawn to the dealership or website by the attractive advertisement, hoping to take advantage of the advertised offer.
- Switching:Upon arrival, the dealer informs the customer that the advertised vehicle is no longer available, often claiming it was just sold, or that it doesn’t have the features they want. They then attempt to steer the customer towards a different, usually more expensive, option.
- Pressuring for the Sale:The dealer may use high-pressure sales tactics to convince the customer to accept the substitute vehicle or offer, often emphasizing the urgency of the decision.
Bait and switch fraud is unethical and potentially illegal in many jurisdictions. It violates consumer protection laws, which require advertising to be truthful and not misleading. Consumers who encounter bait and switch tactics may have legal recourse to challenge the dealership’s behavior.
We’re well-versed in the intricacies of consumer protection laws, and we’re committed to holding those who engage in fraudulent practices accountable for their actions. With a proven track record of success, we’re prepared to navigate the complexities of your case and pursue the justice you deserve.
At Paré & Associates, we believe that every consumer has the right to a fair and transparent automotive transaction. We’ll guide you through the process, providing personalized guidance and unwavering support every step of the way.
Don’t let the shadow of automobile fraud cast a pall over your purchasing experience. Contact Paré & Associates today, and let us be your advocates in securing the justice and compensation you rightfully deserve.
Credit Report Errors
We understand the immense impact that a clean and accurate credit report can have on your financial stability and future goals. Unfortunately, errors on credit reports are all too common, potentially leading to higher interest rates, denied loans, and missed opportunities.
You may obtain a free copy of your credit report online once every 12 months at www.annualcreditreport.com. And if you are a Maryland resident, you can pull them twice year: Once under federal law and once under Maryland law. You are also entitled to a free credit report within 60 days of a credit denial.
You may obtain your reports from one of the three main national consumer credit reporting agencies: Equifax, Experian, and TransUnion. These companies collect information about you from court records, banks, credit card companies, mortgage companies, and many other types of companies.
Our dedicated team of consumer lawyers specialize in advocating for individuals like you who have encountered inaccuracies on their credit reports. We work tirelessly to ensure that your credit history reflects the accuracy you deserve.
Most Common Errors
Here are some of the most common errors we see:
- Incorrect Personal Information:
- This can include misspelled names, inaccurate addresses, or incorrect social security numbers.
- Account Inaccuracies:
- This may involve accounts that do not belong to you, duplicate entries, or accounts incorrectly labeled as open or closed.
- Late Payments or Missed Payments:
- Sometimes, payments that were made on time can be erroneously reported as late or missed.
- Identity Theft or Fraudulent Accounts:
- Instances where accounts are opened fraudulently in your name without your knowledge or consent.
- Incorrect Account Balances:
- The reported balance on a credit account may not match the actual balance.
- Outdated Information:
- Information that should have been removed after a certain period, like bankruptcies or tax liens that exceed the allowable reporting time.
- Mixing Accounts with Someone Else:
- Accounts of individuals with similar names or Social Security numbers can sometimes get mixed up on credit reports.
- Closed Accounts Reported as Open:
- Accounts that have been closed may still be reported as open, potentially affecting your credit utilization ratio.
- Incorrect Payment Status:
- Accounts may be reported as delinquent even if you’ve made payments on time.
- Inaccurate Public Records:
- Errors related to bankruptcies, tax liens, or judgments that may be incorrectly reported.
- Missing Accounts:
- Some creditors or accounts may not be reported at all, which can affect your credit profile.
- Debts Included in Bankruptcy Still Showing as Owed:
- If a debt was discharged in bankruptcy, it should not continue to be reported as an outstanding balance.
We Fight Back Against Powerful Companies
Don’t let these inaccuracies hold you back.
We’ll help you dispute any inaccuracies. When you mail a dispute, the credit reporting agency must investigate within 30 days and inform you of the results. When they fail to correct the errors, we will take them to court so that you receive fair compensation under the Fair Credit Reporting Act. You could be entitled to actual damages (including emotional harm), punitive damages, and statutory damages of $1000 or more.
Take the first step toward financial empowerment by contacting Paré & Associates today. Together, we’ll restore the accuracy of your credit history, opening doors to a brighter financial future.
Debt Collection Harassment
Dealing with aggressive debt collection tactics can be overwhelming and emotionally draining. At Paré & Associates, we stand alongside consumers like you, providing unwavering support and legal expertise when facing debt collection harassment.
Under the Fair Debt Collection Practices Act (FDCPA), consumers have rights that safeguard them from abusive and unfair debt collection practices. Additionally, the Maryland Consumer Debt Collection Act (MCDCA) offers even stronger protections than federal law, including a longer period of statute of limitation and broader applicability. Our dedicated team of consumer law advocates is well-versed in the intricacies of these laws and will ensure that your rights are protected.
Common Types of Illegal Conduct
Here are the most common types of prohibited harassment:
- Excessive or Continuous Communication:
- Debt collectors cannot engage in repeated, continuous, or excessive communication with the consumer with the intent to annoy, harass, or abuse.
- Threats of Violence or Harm:
- Debt collectors cannot use threats of violence, harm, or other criminal actions to collect a debt.
- Obscene or Profane Language:
- Using obscene, profane, or abusive language is prohibited.
- False Statements or Misrepresentations:
- Debt collectors cannot make false statements about the amount owed, the legal status of the debt, or the consequences of not paying.
- Impersonating Law Enforcement or Government Agencies:
- Debt collectors cannot falsely represent themselves as law enforcement officers, attorneys, or government agents.
- False Threats of Legal Action:
- Making false threats of legal action, such as filing a lawsuit or garnishing wages, is not allowed.
- Unauthorized Disclosures of Debt Information:
- Debt collectors cannot disclose the existence of a debt to third parties, except for specific circumstances (e.g., informing a spouse or attorney).
- Contacting at Inconvenient Times:
- Debt collectors are restricted from contacting consumers before 8:00 AM or after 9:00 PM, unless the consumer agrees to alternative contact times.
- Contacting at Work if Prohibited:
- If the debt collector knows that the consumer’s employer prohibits such communications, they cannot contact the consumer at their workplace.
- Misrepresentation of Debt Collector’s Identity:
- Debt collectors must accurately identify themselves and provide certain information about the debt.
- Threats of Arrest or Jail Time:
- Debt collectors cannot threaten consumers with arrest or imprisonment for non-payment of a debt.
- Attempts to Collect Disputed or Non-Existent Debts:
- Debt collectors cannot continue attempts to collect debts that the consumer has disputed or that do not exist.
We’ll Stand Up to Debt Collectors
We work tirelessly to put an end to harassment by debt collectors, holding them accountable for their actions. We’ll guide you through the process of reporting violations and pursuing remedies available to you under the FDCPA and MCDCA. Together, we’ll take a stand against harassment and work towards a resolution that restores your peace of mind.
At Paré & Associates, we believe that no one should endure the stress of debt collection harassment alone. Let us be your advocates, fighting for your rights and working towards a future free from the burden of harassment.
Contact Paré & Associates today, and take the first step towards reclaiming your peace of mind and asserting your rights.
Background Check Mistakes
Both employers and landlords rely on background checks when choosing whether to hire you or rent you a home. That’s why it’s crucial to ensure that the information on your background check is accurate and that background checks are only conducted with your permission.
Common Types of Misconduct and Errors
Here are common types of actionable claims related to background checks under the Fair Credit Reporting Act:
- Incorrect Personal Information:
- This can include inaccuracies in your name, date of birth, social security number, or address.
- Incomplete or Outdated Information:
- Background reports may contain outdated or incomplete information, such as missing or incomplete employment history.
- Misclassification of Criminal Records:
- Background reports may incorrectly label an offense or attribute a criminal record to the wrong individual.
- Mixed Files:
- This occurs when information about different individuals with similar names or social security numbers gets combined, leading to an inaccurate representation of your background.
- Outdated Adverse Information:
- Negative information, such as a criminal conviction or civil judgment, that should have been removed after a certain period according to FCRA guidelines.
- Inaccurate Education History:
- Reports may incorrectly state your educational qualifications, degrees, or certifications.
- Inclusion of Expunged or Sealed Records:
- Expunged or sealed records should not appear on background checks, but sometimes they do.
- Failure to Report Positive Information:
- Positive information, like commendations or promotions, may be missing from your background report.
- Identity Theft:
- Background reports may include information related to criminal activity or debts incurred by an identity thief using your information.
- Missing Consent or Authorization:
- If an employer or landlord obtains a background report without proper authorization, it can be a violation of the FCRA.
- Failure to Notify:
- If an adverse action is taken based on information in a background report, the consumer must be provided with certain notices, as required by the FCRA.
- Failure to Investigate Disputes:
- If a consumer disputes inaccurate information on their background report, the consumer reporting agency must conduct a reasonable investigation.
We Will Advocate for Your Rights
Don’t let a flawed background check hold you back. You shouldn’t be denied a job or a home because of the carelessness of a big corporation. We will help you sue the employers, landlords, and consumer reporting agencies that failed to comply with the requirements of the Fair Credit Reporting Act.
Contact Paré & Associates today, and let us be your advocates in ensuring that your background report accurately reflects your true character and qualifications. We’ll meet with you at no charge to figure out the next steps.
Mortgage Servicing Abuse
Navigating the complexities of mortgage servicing can be a daunting task, especially when faced with unscrupulous practices. At Paré & Associates, we specialize in representing consumers who have experienced a range of abuses, from improperly applied payments to force-placed insurance and more.
Our dedicated team of consumer law advocates is committed to righting the wrongs that many homeowners face when dealing with their mortgage servicers.
Common Types of Mortgage Servicing Abuse
Here are the ten most common types of mortgage services abuses:
- Improperly Applied Payments:
- Payments made by the borrower are not correctly applied to the mortgage account, leading to discrepancies in the outstanding balance.
- Force-Placed Insurance:
- Mortgage servicers may impose expensive insurance policies on borrowers when they fail to maintain their own coverage, even when it’s unnecessary or duplicative.
- Unauthorized or Excessive Fees:
- Charging fees that are not authorized by the mortgage agreement or that are in excess of what is legally permissible.
- Failure to Provide Accurate Account Statements:
- Failing to provide clear, accurate, and understandable statements of the borrower’s account activity.
- Escrow Account Mismanagement:
- Mishandling of funds held in escrow for property taxes, homeowner’s insurance, and other related expenses.
- Tax Charges:
- Unlawfully imposing taxes or charges related to the property on the borrower, which are not properly owed.
- Blocked or Prevented Mortgage Modifications:
- Unjustly obstructing borrowers from pursuing or qualifying for mortgage modification programs or foreclosure prevention options.
- Dual Tracking:
- Simultaneously proceeding with foreclosure while the borrower is actively seeking loss mitigation options or loan modification.
- Failure to Respond to Inquiries or Requests:
- Ignoring or inadequately responding to borrower inquiries or requests for information, including those related to loss mitigation options.
- Failure to Notify Borrowers of Changes in Servicing:
- Neglecting to inform borrowers about the transfer of their mortgage servicing to a different company, as required by law.
These abuses are considered violations of consumer protection laws, and borrowers have rights under various federal and state laws to challenge and seek remedies for such practices. If you believe you have been a victim of mortgage servicing abuses, consulting with a consumer law attorney can provide guidance on how to address the situation.
Fighting Back Against Mortgage Servicers
At Paré & Associates, we believe that every homeowner deserves transparency, fairness, and respect when it comes to their mortgage. We’ll fight for your rights, striving to correct the injustices you’ve faced and providing you with the support and guidance you need.
Don’t let mortgage servicing abuses continue to burden you. Contact Paré & Associates today, and let us be your advocates in securing the justice and resolution you rightfully deserve.