Legal Question in Consumer Law in California

Credit Repair

I owned a credit improvement company and was collecting my fees, up-front. I am a fan of the Law but didn't know there were any about this. So I looked at the FTC and saw I can't do that.

Can I still do this if I have a waiver for the client who fully understands this law, but will pay first anyway? Is that legal?

I have about 6 people who are begging me for help.


Asked on 6/20/07, 7:36 pm

3 Answers from Attorneys
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Credit Repair

Aside from FTC regulations, check California Civil Code 1789.13.

A credit services organization, and its salespersons,

agents, representatives, and independent contractors who sell or

attempt to sell the services of a credit services organization, shall

not do any of the following:

(a) Charge or receive any money or other valuable consideration

prior to full and complete performance of the services the credit

services organization has agreed to perform for or on behalf of the

buyer.

(b) Fail to perform the agreed services within six months

following the date the buyer signs the contract for those services.

(remainder omitted)

you can find the civil code here:

http://www.leginfo.ca.gov/calaw.html

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Answered on 6/20/07, 7:53 pm
Jonathan Stein Law Offices of Jonathan G. Stein

Re: Credit Repair

No. The client cannot waive this. I would suggest you retain an attorney to advise you.

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Answered on 6/20/07, 8:05 pm
Johm Smith tom's

Re: Credit Repair

Yes you should retain an attorney to help limit your current risk and to get you on the right track. Our CA member can assist you. NanceGroup.com

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Answered on 6/20/07, 8:13 pm


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