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Debt Settlement Mailers
Understand The Facts Before You Hire
Mailers are one way debt companies advertise. But debt mailers can be misleading and don’t cover every option. LHA will explain what’s possible and help you choose a path.
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What Are Debt Settlement Mailers?
A debt settlement mailer is a correspondence from a debt settlement company designed to get the targeted audience to contact the company. It often prays on the fears of the consumer.
Debt settlement mailers often look like they are coming from a government agency. The debt settlement companies go to great lengths to give the mailer an official appearance by placing official-looking emblems on them and citing federal statutes that do not exist or have nothing to do with debt settlement. These pieces of mail may even have a “case number” or “claim number.” Many debt settlement companies obtain a P.O. Box in Washington, D.C. to make the mailers look even more foreboding.
Deceptive debt settlement mailers often contain private personal information that will make you think they are coming from an official source.
Don’t Be Fooled By Debt Mailers
Debt companies may utilize mailers to scare people into calling them and buying their services. The debt settlement company may also use deceptive language when they answer the phone. Their goal is to sign you up for a cookie-cutter program that may not fit your needs, not to help you get out of debt.
You’re better off using an Ohio debt attorney. Your lawyer can evaluate the programs that will help you, and since they are licensed in Ohio, they can genuinely represent you in court against your creditors.
Not Just Any Debt Attorney
As a founding partner at LHA, Jeremiah E. Heck is a leader in consumer law. He knows how to identify exploitive debt mailers and can help find a program that lets you catch your breath.
Debt Mailer Red Flags to Look Out For
Nearly all debt mailers contain one or more red flags that you should learn to identify before making that call. Some of these are indications that Ohio or federal laws have been violated.
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Figures with Your Unsecured Debt Amount
If the debt mailer contains a figure with an accurate unsecured debt amount that you owe, that is a big red flag. There are only two ways a company can obtain that date – either you told them, or they impermissibly accessed your credit report.
Most mailers disclaim that your debt balance is only an “estimate,” but if they have your actual balance or a range that your balance fits within, it likely originated from your credit report.
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Comments about Recent Delinquencies
If the mailer states that the debt settlement company knows of your “recent delinquencies,” then they have likely impermissibly accessed your credit report. This is not something they are allowed to do and indicates you’re dealing with a shady company.
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Other Private Information
Another red flag should be raised when a debt mailer lists any other private data that could only be obtained from a credit-reporting agency or creditor. Many debt settlement companies have relationships with collection agencies and will use the information they obtain to persuade you to sign an agreement with them.
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Any Info from a Credit Report
If a debt mailer states that the information contained within was obtained from your credit report, but you did not give the company permission to access your credit report, you should run the other way. The company should not be accessing private information without consent. This is indicative of how they will function throughout their services.
Do Mailers Violate the Fair Credit Reporting Act?
Not all debt mailers are violations of the FCRA. For example, insurance companies and financial institutions making you a “firm offer of credit” can obtain credit reporting information as these are two permissible purposes.
Debt settlement companies DO NOT have any reason to access your credit report without your consent.
What If I Receive a Debt Settlement Mailer?
If you receive a debt settlement mailer containing personal information obtained from a credit reporting agency, you should immediately contact an attorney. These cases are very complicated, but you may have a valid cause of action, possibly as an FCRA violation or the deceptive nature of the mailer.
If the debt mailer notifies you of a delinquency or spurs you into action, you should still contact a lawyer to explain all of your options. While debt settlement may be the best option, other paths could be more beneficial to your financial future.
Why Call an Ohio Debt Lawyer
A knowledgeable Ohio debt lawyer from LHA can listen to your situation and help you understand your legal and financial alternatives.
Attorneys who understand the consumer laws that apply to your situation are committed to offering you the best debt option rather than what benefits the company and can protect you if a lawsuit happens.
Learn All of Your Options
The companies sending you mailers will only present their debt program. They will try to convince you to sign an expensive service contract with them. In some cases, debt settlement may not be your best option. An attorney can help you decide if settlement, bankruptcy, or another path is right for you.
Legal Knowledge and Representation
Consumer attorneys are dedicated to protecting your consumer rights and financial well-being. By working with LHA, you will have strong legal representation from a lawyer licensed in Ohio through negotiation with creditors, settlement, and lawsuits, if it comes to that.
Protection of Your Rights
LHA will aggressively protect your rights if they have been violated by debt settlement companies, creditors, or collection agencies. These entities often violate the FRCA, and debtors do not know their legal recourse. When you talk to a lawyer at LHA, we will help you understand your rights and how we will make sure they are respected.