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What rights do I have as a consumer when a business has wronged me, & sent me to collections?

Los Angeles, CA |

Arrived at budget to rent truck & dolly to use to move cross country. Employees of budget in Miami Beach were incompetant. Gave us the keys & told us ok all set. They didnt help us to load the car But after getting manager involved, they hooked up car, wrong & damaged the rims of a 1 month old car. We filled a complaint with Budget & waited. Six weeks later were told we would not get reimbursed for damage. So I contacted AMEX, the card Used to pay for the rental (total cost$1444) . They filled a dispute with Budget for the $750, cost of the rims. Amex gave Budget from July 16,2012 to Sept 28, 2012 to dispute the amount. Budget never contacted me or Amex but sent balance due of $750 to collection agency. So now am in collections & was notified 6 months later.

Attorney Answers 3


  1. Contact the collections company and ask for a copy of everything Budget gave to them. Let them know that there was a dispute. There are laws governing collections (Fair Debt Collection Practices) and if the laws were violated, there may be remedies you would be entitled to. Here is a helpful link that you may want to look at: http://www.ftc.gov/os/statutes/fdcpa/fdcpact.shtm


  2. In addition to what counsel stated above, you can send a simple cease and desist request to the collection agency. This letter tells them to stop contacting you and any contact thereafter is a violation of the FDCPA and RFDCPA.

    Let me know if you have any questions.


  3. My colleauges have provided you sound advice. If you want to take it a step or two further, contact a local consumer protection attorney to review the situation. If you have following the law correctly, Budget or the collection agency may have violated the FDCPA.

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