This week, I was lucky enough to be given the opportunity to travel to Washington DC for The National Consumer Law Center’s annual Consumer Rights Litigation Conference.  Being that I don’t actually participate in litigation as a paralegal, I popped into town just for the session that would be relevant to my work — Consumer Rights Advocacy for Domestic Violence Survivors. After a day filled with tiny pastries and amazing speakers, what I ended up leaving with was an awareness of just how critically important it can be for us, as social workers, to screen our clients (domestic violence survivor or not) for consumer issues. Clients may not be aware of legal remedies available to them in this regard. Our ability to spot these issues and link them with proper services could be the difference between homelessness and keeping their apartment, between obtaining work or being unemployed, between remaining in an abusive relationship for financial security and starting a new life free of fear. Often when our clients come in we provide assistance for their immediate needs. You are struggling to put food on the table? Let me help you apply for foodstamps. You have rental arrears? Lets apply for a one shot deal. We help them to gain some immediate financial stability but what do we do to help promote real long lasting financial security? Our services often remain focused on the present needs and we neglect to note the circumstances surrounding the situation and to develop a strategy for avoiding similar problems in the future.

Credit reports, as one speaker described them, are the “gatekeeper” to many of the basic necessities our client’s are attempting to access.  Credit reports can be pulled by potential new landlords, by creditors, utility companies and, in some states,  (including New York until the state Senate votes this January) prospective employers. Knowing what information is on your credit report, good or bad, is the first step toward getting your foot in that gate, so to speak. As a person with A LOT of debt myself, I can understand why someone might want to forego seeing all their creditors listed in one place but the reality is, as its commonly put, “knowledge is power.” Perhaps my credit report will reflect an identity theft, maybe an item on the report will turn out to be incorrect or maybe it’ll be completely accurate and now I’m aware of just how much I owe. Under federal law, consumers are entitled to one free credit report a year from each of the three big companies (Experian, TransUnion and Equifax.) We should encourage our clients to take advantage of this through annualcreditreport.com. After the report is obtained, we can offer to review it with our clients. Maybe they will be relieved to know that their report reflects all accurate information and is better than they anticipated. If that is not the case and there are discrepancies, we can assist our client in disputing any incorrect elements of their report. This is done through the credit reporting agency, utilizing forms available on their website.  If the dispute is not successful, we can empower our clients by aiding in writing a personal statement to be included in their report explaining their side of the story.

If our clients credit report reveals that they are in considerable debt that they are unable to pay, there are things we can do to help them in that regard as well. Contrary to what debt collectors would have you believe, they do not have the right to harass those indebted to them 24 hours a day, 7 days a week. Debt collectors can be put on notice that they are not to call during certain hours, that they should only contact your client in writing, that they are not authorized to contact the client’s work. This request should be submitted  in writing directly to the debt collection agency. Another thing we can help our clients with is contacting their creditors and discussing a payment plan or settlement. This is a possibility because the creditor would rather be paid partially or at a slower rate as opposed to not at all. We can assist our clients in prioritizing their debt and creating a plan for payment that makes sense for them. Having support and an understanding person to face the stressful reality of their financial situation could be the catalyst to turning a daunting economic situation around.

In some cases, it may be necessary to point our client to a lawyer. Creditors could be violating their consumer rights by continually harassing them. They may be sued by their debt collectors. Filing for bankruptcy may be in their best interest. They may have tax issues and need assistance with the IRS. Our clients may not know what their options are and so it is critical that we, as their social workers, can recognize these issues and put them in touch with a legal services organization or a lawyer who can assist them. The first step to solving any problem is acknowledging that there is one, social workers should be aware of the ways consumer law impacts their clients so that we can help them to address any consumer issues they are facing and place them on a path the financial security and stability,

 

if you are interested in more information about consumer rights and consumer rights advocacy, visit the National Consumer Law

Center’s website.