Congress and the state of Illinois has passed an array of consumer protection laws for your benefit. Few know what protections they have. Below are some of the most widely used consumer protection statutes.

→ FINANCIAL PROTECTION LAWS

The Fair Credit Reporting Act
The Fair Credit Reporting Act requires credit reporting agencies (such as Equifax) and banks (such as Chase Bank) to correctly report your credit information and securely maintain your personal information that it collects and shares with third parties. Credit reporting agencies gather information about your financial life from banks, lenders, mortgagers, and other financial institutions to assemble your credit profile. This credit profile is used by lenders, landlords, and even employers, to decide whether to extend you credit, determine your interest rate on a loan, or even offer you a job.

The Federal Trade Commission has found that as many as 1 out every 4 people has an error on their credit report. These errors can be costly and translate directly into paying higher rates for a mortgage loan, car lease, credit card rate, home equity loan, student loan, and other types of loans.

By law, credit reporting agencies must give you free access to review and contest the accuracy of the information they collect on you and share with others. You can access your credit report from each of the three major credit reporting agencies in the United States–Equifax, Experian, and TransUnion–for free once per year.

If a credit reporting agency or bank has put inaccurate information about you on your credit report and you have been damaged as a result, you may have a claim under the Fair Credit Reporting Act.

The Fair Debt Collection Act (FDCPA)
You are protected from abusive actions by debt collectors under the Fair Debt Collection Act.  This law protects consumers by restricting unethical or unfair actions by third-party debt collection businesses attempting to collect outstanding debts on behalf of another entity.

The FDCPA prohibits abusive tactics, including:

Verbal abuse and harassment
Talking to your family members or colleagues about your debt
Contacting you outside of reasonable hours
Otherwise lying or behaving deceitfully

If you wish to address to a debt collector’s actions without a lawyer, the Consumer Financial Protection Bureau provides sample letters that you may use to respond to a debt collector who is trying to collect a debt along with tips on how to use them. The sample letters can help you to get information, set limits or stop any further communication, or exercise some of your rights. You can also file a complaint with the Consumer Financial Protection Bureau about a debt collector.

You can also contact us for a free assessment of whether your claim may be worth pursuing under the FDCPA.

→ PRIVACY PROTECTION LAWS

The Illinois Biometric Information Privacy Act
Illinois has one of the toughest laws in the United States to protect biometric data. Biometric data includes a person’s physiological data, such as their DNA, fingerprints, face, hand, retina or ear features, and a person’s behavioral characteristics, such as their gestures, voice, typing rhythm, and gait.

Many businesses use the biometric data of their employees and customers. Companies often use biometric data to verify identity, clock employees in and out, secure laptops and devices, complete profiles for employees, and establish health or wellness plans for employees.

The BIPA requires that a company get your consent before collecting your data, requires a company to keep this data safe, and prevents companies from profiting from your biometric data.  The BIPA also gives you a cause of action if you’re harmed by a company’s BIPA violations, including up to $5,000 for each intentional or reckless violation of the law.

Electronic Communications Privacy Act
The ECPA generally prohibits interception or recording of electronic communications and makes it unlawful to access an “electronic communication service” without authorization or exceed authorization to “obtain[], alter[], or prevent[] authorized access to a write or electronic communication while it is in electronic storage.” This law is relevant because it should put limits on technology monitoring by employers, among other practices. The ECPA is a criminal statute, but affected people also have a private right of action.

→ ILLINOIS’ ‘CATCHALL’ PROTECTION LAW

The Illinois Consumer Fraud and Deceptive Business Practices Act
This act protects consumers, borrowers, and businessmen against fraud, unfair methods of competition, and unfair or deceptive practices in the conduct of trade or business.  Violations of the Act include the use of any deception, fraud, false pretense, false promise, misrepresentation, or concealment of facts in the conduct of trade or commerce. It is a powerful tool in the hands of Illinois consumers, businessmen, and companies and provides a strong incentive to conduct business fairly.