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There are a number of consumer laws that may impact a consumer claim that would not appear at first to be applicable to construction issues. You may want to discuss these issues with legal counsel. Debtors Rights/Fair Credit Reporting Laws
Fair Credit Reporting Act: More information regarding this federal statute may also be found by going to www.ftc.gov. This law regulates the collection, use, and dissemination of consumer credit information. Credit agencies, companies who furnish information to credit agencies, and businesses who use credit information for credit, insurance, and employment purposes all must follow certain standards when dealing with consumer credit information. As a consumer and debtor, some of the rights you have under this law include: Federal Debt Practices Act: More information regarding this federal statute may also be found by going to www.ftc.gov. This law act prohibits many abusive consumer debt practices (some unfortunately still practiced today), provides you with a way to obtain and dispute information on your credit report and tries to encourage a fair debt collection process. Under this act, some of the prohibited and required conduct by debt collectors included: Continuing to contact you after receiving your written request demanding they stop contacting you. They must stop contacting you if you ask in writing. Once the collector receives your letter, they may not contact you again except to say there will be no further contact or to notify you that the debt collector or the creditor intends to take some specific action. Sending such a letter to a collector does not make the debt go away if you actually owe it. You could still be sued by the debt collector or your original creditor. - They must notifying you every time they contact you that they are a debt collection agency.
- They may contact you only between the hours of 8:00 AM to 9:00 PM your time.
- Contacting you at work if they know your employer disapproves.
- Attempting to or harassing, oppressing, or abusing you or any third parties they contact.
- Within five days after you are first contacted, the collector must send you a written notice telling you the amount of money you owe; the name of the creditor to whom you owe the money; and what action to take if you believe you do not owe the money. Failing to verify the debt upon request upon your timely written request.
- A collector may not contact you if, within 30 days after you receive the written notice, you send the collection agency a letter stating you do not owe money. However, a collector can renew collection activities if you are sent proof of the debt, such as a copy of a bill for the amount owed.
- A debt collector may not:
- use threats of violence or harm;
- publish a list of consumers who refuse to pay their debts (except to a credit bureau);
- use obscene or profane language; or repeatedly use the telephone to annoy someone.
- Debt collectors may not use any false or misleading statements when collecting a debt. For example, debt collectors may not:
falsely imply that they are attorneys or government representatives;
falsely imply that you have committed a crime; falsely represent that they operate or work for a credit bureau; misrepresent the amount of your debt;
indicate that papers being sent to you are legal forms when they are not; or
indicate that papers being sent to you are not legal forms when they are. - Other prohibited actions.
Some collection agencies are flagrant violators of law but tracking them down can be difficult. Some of the more horrendous examples include attempting to collect debts after the statute of limitations has expired and attempting to collect fraudulent claims from victims of identity theft. You do not have to put up with abusive creditors. There are statutory penalties that you can obtain if violations can be proven. If you have been the victim of harassing collection tactics, learn more about your rights. Contact us. | Fair Credit Billing Act  Problems with credit card billing also requires prompt notice of dispute and other action. If the credit issuer fails to follow procedures, you may be entitled to statutory recovery if the violations can be proven.
Can You Cancel Your Contract? Has the contractor informed you of your right to cancel the contract? Under federal and Georgia law, you may have the right to cancel a contract WITHIN 3 BUSINESS DAYS under limited circumstances. See Your Right to Cancel a Contract. See also FAQ. If you are past the 3 business day rule you may have rights to cancel your contract under the terms of your contract or as a remedy for breach of your contract.
Do I need a permit to do the work?
Changes or expansion to your home, including finishing or remodeling basements and dectks, often require building permits. Check with your local building officials to see if your project requires permits or inspections.
My contractor says he will do the work without getting a required permit to save me money?
Projects begun before obtaining proper permits risk having a "Stop Work Order" issued (resulting in significant time delays to your project) and normal permit fees may be doubled. Permits and inspections often protect the safety and wellbeing of a homeowner from a builder who may not be constructing in accordanc with the local building codes (after all, if the contractor is willing to violate the law in one area, what is to stop a code violation). Code enforcement officers often tour neighborhoods watching for illegal construction activity. Moreover, unpermitted work does not add value to your home and if it is not to code, it may actually cost you more to repair. If a project does not require a permit, your contractor should be willing to state that in writing. If a project does require a permit and your contractor suggests not meeting this requirement, get a new contractor. | Paying for Construction Referrals Some contractors use as a marketing tool, a sales device to offer a consumer a referral fee for referrals. Under Georgia law (OCGA Section 10-1-70), this promise should be made in writing. Sales contract must state consideration for furnishing names of prospective purchasers; penalty
(a) It shall be unlawful for any person, firm, or corporation engaged in the business of selling any type of merchandise in the State of Georgia to promise a consideration, either cash or otherwise, to a buyer of such merchandise for providing the names or other information relative to other prospective purchasers of such merchandise, unless the promise of such consideration is contained in the contract of sale between the seller and the buyer.
(b) Any person, firm, or corporation violating subsection (a) of this Code section shall be guilty of a misdemeanor.
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