NJ Credit Repair
466 Hackensack Ave, Hackensack New Jersey 07601Prepared for:
{CLIENT NAME}
{CLIENT ADDRESS}
{CLIENT CITY}, {CLIENT STATE} {CLIENT POSTCODE}
{TODAYS DATE}
The following pages contain:
1. Credit Repair Service Agreement
2. Authorization for Credit Repair Action
3. Consumer Credit File Rights (CROA Disclosure)
4. Right Of Cancellation Notice
5. State Specific Disclosures (add if applicable)
6. Letter of Engagement
Credit Repair Service Agreement for {CLIENT NAME}
I, {CLIENT NAME}, hereby enter into the following agreement with NJ Credit Repair.
NJ Credit Repair hereby agrees to perform the following:
a. To evaluate Customer's current credit reports as listed with applicable credit reporting agencies and to identify inaccurate, erroneous, false, or obsolete information. To advise Customer as to the necessary steps to be taken on the part of Customer in conjunction with Our Company, , to dispute any inaccurate, erroneous, false or obsolete information contained in the customer's credit reports.
b. To prepare all necessary correspondence in dispute of inaccurate, erroneous, false, or obsolete information in customer's credit reports.
c. To review credit profile status from the credit reporting agencies such as: Experian, Equifax and Transunion. Consulting, coaching, and monitoring services are conducted by personal meetings, webinars, video conferencing, telephone, email, or by any other form of communication during normal business hours.
In exchange, I, {CLIENT NAME}, agree to pay the following fees as outlined in the following fee schedule:
1. $_118.99_ At the start of each new month of service.(99 from NJ Credit Repair and $19.99 from Smart Credit)
Authorization for Credit Repair Action
1. I, {CLIENT NAME}, hereafter known as "client" hereby authorize, NJ Credit Repair, 466 Hackensack Ave, Hackensack New Jersey 07601, to make, receive, sign, endorse, execute, acknowledge, deliver, and possess such applications, correspondence, contracts, or agreements, as necessary to improve my credit. Such instruments in writing of whatever and nature shall only be effective for any or all of the three credit reporting agencies which are TransUnion, Experian, Equifax, and any other reporting agencies or creditor’s listed, as may be necessary or proper in the exercise of the rights and powers herein granted.
2. This authorization may be revoked by the undersigned at any time by giving written notice to the party authorized herein. Any activity made prior to revocation in reliance upon this authorization shall not constitute a breach of rights of the client. If not earlier revoked, this authorization will automatically expire twelve months from the date of signature.
3. The party named above to receive the information is not authorized to make any further release or disclosure of the information received. This authorization does not authorize the release or disclosure of any information except as provided herein.
4. I grant to NJ Credit Repair, 466 Hackensack Ave, Hackensack New Jersey 07601, authority to do, take, and perform, all acts and things whatsoever requisite, proper, or necessary to be done, in the exercise of repairing my credit with the three credit reporting agencies, which are TransUnion, Experian, Equifax and any other reporting agencies or creditor’s listed, as fully for all intents and purposes as I might or could do if personally present.
5. I hereby release NJ Credit Repair, 466 Hackensack Ave, Hackensack New Jersey 07601, from all and all matters of actions, causes of action, suits, proceedings, debts, dues, contracts, judgments, damages, claims, and demands whatsoever in law or equity, for or by reason of any matter, cause, or thing whatsoever as based on the circumstances of this contract.
Consumer Credit File Rights Under State and Federal Law
You have a right to dispute inaccurate information in your credit report by contacting the credit bureau directly. However, neither you nor a credit repair company or credit repair organization has the right to have accurate, current and verifiable information removed from your credit report. The credit bureau must remove accurate, negative information from your report only if it is over 7 years old. Bankruptcy information can be reported up to 10 years.
You have a right to obtain a copy of your credit report from a credit bureau. You may be charged a reasonable fee. There is no fee, however, if you have been turned down for credit, employment, insurance, or a rental dwelling because of information in your credit report within the preceding 60 days. The credit bureau must provide someone to help you interpret the information in your credit file. You are entitled to receive a free copy of your credit report if you are unemployed and intend to apply for employment in the next 60 days, if you are a recipient of public welfare assistance, or if you have reason to believe that there is inaccurate information in your credit report due to fraud.
You have a right to sue a credit repair organization that violated the Credit Repair Organization Act. This law prohibits deceptive practices by credit repair organizations.
You have the right to cancel your contract with any credit repair organization for any reason within 3 business days from the date you signed it.
Credit bureaus are required to follow reasonable procedures to ensure that the information they report is accurate. However, mistakes may occur.
You may, on your own, notify a credit bureau in writing that you dispute that accuracy of information in your credit file. The credit bureau must then reinvestigate and modify or remove inaccurate or incomplete information. The credit bureau may not charge any fee for this service. Any pertinent information and copies of all documents you have concerning an error should be given to the credit bureau.
If the credit bureau's reinvestigation does not resolve the dispute to your satisfaction, you may send a brief statement to the credit bureau to be kept in your file, explaining why you think the record is inaccurate. The credit bureau must include a summary of your statement about disputed information with any report it issues about you.
The Federal Trade Commission regulates credit bureaus and credit repair organizations. For more information contact: The Public Reference Branch Federal Trade Commission Washington, D.C. 20580.
Notice of Right to Cancel
"You may cancel this contract, without any penalty or obligation, at any time before midnight of the 3rd day which begins after the date the contract is signed by you.
"To cancel this contract, mail or deliver a signed, dated copy of this cancellation notice, or any other written notice to NJ Credit Repair, 466 Hackensack Ave, Hackensack New Jersey 07601, before midnight on the 3rd day which begins after the date you have signed this contract stating "I hereby cancel this transaction, (date) (purchaser’s signature)."
LETTER OF ENGAGEMENT
We are extremely pleased that you have selected Barshay, Rizzo & Lopez, PLLC and Karra L. Kingston, Esquire (collectively “the Firm”) to review your matter in connection with the enforcement of consumer rights you may have under the Fair Debt Collection Practices Act (“FDCPA”), the Fair Credit Reporting Act (“FCRA”) and the Telephone Consumers Protection Act (“TCPA”), as well as specific state laws which are often similar these Federal statutes.
Please review this letter carefully as it outlines our respective responsibilities in this process. Please also review the Statement of Client’s Rights and the Statement of Client’s Responsibilities attached to this letter.
SCOPE OF REPRESENTATION:
Our first task as your attorneys is to investigate potential claims you may have against your creditors, debt collectors, collection agencies, collection attorneys, credit reporting agencies, telemarketers and others who may have violated one or more of the aforementioned laws in violation of your rights. If after this investigation we advise you that we have chosen not to represent you, you are free to bring your matter to alternative counsel. If we believe you have a case, you authorize the Firm, based on its exclusive discretion, to decide on the method and manner for the prosecution of your case, including but not limited to the decision on whether, where and when to file a lawsuit or arbitration, and whether to file a class action lawsuit. Once commenced, the Firm shall have the sole and unfettered discretion to establish the litigation strategy for the matter, including but not limited to, all decisions concerning scheduling matters and to retain additional or alternate counsel as we deem necessary, at no cost to you. The Firm is authorized but shall not be required to prosecute any appeals, to pursue any post-judgment remedies, and/or to interpose a defense to any counterclaims. You acknowledge, warrant, represent and agree that the Firm is not retained for or required to represent you in defending any action against you. You authorize us to settle and/or compromise your case(s) without soliciting additional approval (you may request otherwise in writing), unless your matter is certified as a class action, where you will have full discretion to accept or reject any proposed settlement. If your action is a class action, you understand that you may be responsible for a pro- rata share of any costs and expenses distributed among the class members. However, the Firm will cover any such costs during the pendency of the case and will receive any reimbursement for these fees once the case settles
HOW WE GET PAID:
If you do not get paid then we do not get paid. Our fee is earned when we collect money for you and will be deducted from the monies we collect on your behalf. Simply, if we do not settle or win your case, we do not get paid; you owe us nothing. If we settle or win your case, our fee is calculated at hourly rates of $450 for partners, $350 for associate attorneys, and $150 for paralegals. When we settle or win your case, you will receive at least the minimum amount(s) described below, even if we have to reduce our fee. You will never owe us money
HOW YOU GET PAID:
Damages under the FDCPA are limited by the statute to a maximum of $1,000.00 and any
actual damages awarded. After deducting our fee and court costs, you will never receive less than $250.00
Damages under the FCRA are limited by the statute to a minimum of $100.00 and a maximum of $1,000.00 plus any actual or punitive damages awarded. After deducting our fee and court costs, you will never receive less than $250.00 plus any actual damages awarded.
Damages under the TCPA are limited by the statute to a maximum of $500.00 per unlawful phone call, or up to $1,500.00 per phone call if we can show that the TCPA was violated knowingly and willfully. After deducting our fee and court costs, you will never receive less than $500.00.
If a Court awards you money, the Court may determine the amount of our fee as well as the amount to be paid to you. In any event, you will never be awarded less than the amounts set forth above. The consumer laws protecting your rights generally provide only a small award of statutory damages. Generally, while Congress provided only a small award for violations, they also usually provided for full payment of lawyer fees and court costs. As a result, it is possible to fight a case in court over the course of several years, only to receive an award of $500.00 in damages due you, and tens of thousands of dollars in legal fees due your lawyer. If we settle a case, it is likely we have invested many hours and that the settlement amount is less than our normal compensation.
You hereby appoint the Firm to be your true and lawful attorney-in-fact duly authorized to act on your behalf and as fully as you could do if personally present, to execute as attorney-in-fact or by usage of your facsimile/digital signature any settlement agreements and/or to take any other actions with regard to your Claim, including but not limited to endorsing your name to any settlement checks and to deposit any such checks into our escrow account for remittance to us and you. This power of attorney is durable and shall not be affected any subsequent disability or incapacity.
WORKING TOGETHER:
You recognize and agree that you must cooperate with the Firm in the prosecution of your action(s) and may have to appear at trial, or a deposition, or settlement conference, and provide documents we require to effectively represent you. If you do not cooperate, we may withdraw from representation and stop working on your case. Consumer law claims often become more valuable over time, especially in collection cases as more activity occurs that violates the law. For this reason, you may not hear from us for several months. We encourage you to check in regularly with us if you are being contacted by any collection agency or lawyer for the payment of a debt. You are welcome to contact us at any time to learn your case’s status, but we will do our best to inform you whenever any activity occurs.
We are bound by rules of professional conduct to protect the confidentiality of your information. We do not disclose to third parties any confidential information, including personal financial information, learned during our representation of you without your consent, other than as permitted or required by law or by the rules of professional conduct.
We do not anticipate having any disagreement with you about the quality, costs, or appropriateness of our services, but if any concerns about these matters arise, please notify us immediately. We will endeavor to resolve any disagreements in a fair and amicable manner. If for some reason we are not able to resolve any fee dispute ourselves, you may seek to resolve the dispute by the fee arbitration procedures provided in Part 137 of the Rules of the Chief Administrator of the Courts (22 NYCRR), a copy of which will be provided to you upon request. Should any dispute arise out of the terms or interpretation of this.
Agreement, such dispute shall be resolved pursuant to New York law. This Agreement contains the entire agreement between you and Firm. No representations, promises, or conditions that are not incorporated herein shall be binding upon either party. This Agreement supersedes all prior understandings, agreements, or arrangements between the parties. No modifications or amendments to this Agreement shall be binding unless made in writing and signed by each party.
NO GUARANTEE:
Legal matters are unpredictable and full of risk and hazard. The Firm does not know how the engagement will turn out. Nothing in this Agreement and nothing in any conversation between the Firm and you, or otherwise, constitutes a representation, warranty, promise, or guarantee of the outcome of this engagement. The Firm makes no representations, guarantees, warranties, promises or predictions as to the outcome of this or any other engagement.
Please acknowledge your receipt of this notice by electronically signing the form indicated below.
Acknowledgment of Receipt of Notice
I, {CLIENT NAME}, hereby acknowledge with my digital signature, receipt of the Notice of Right to Cancel. I confirm the fact that I agree and understand what I am signing, and acknowledge that I have received a copy of my Consumer Credit File Rights.
*Digital Signatures: In 2000, the U.S. Electronic Signatures in Global and National Commerce (ESIGN) Act established electronic records and signatures as legally binding, having the same legal effects as traditional paper documents and handwritten signatures. Read more at the FTC web site: http://www.ftc.gov/os/2001/06/esign7.htm