ENGAGEMENT AGREEMENT AND LIMITED DESIGNATION OF AGENCY
Thank you for hiring J.WILTZ LAW PLLC (“Wiltz Law”) to represent you. This Engagement Agreement and Limited Designation of Agency (“Contract”) is made in the state of Texas and constitutes the complete understanding between you and Wiltz Law (the “Representation”).
A. Bureaus. The term “Bureaus” shall mean, collectively or individually, the major credit bureaus (TransUnion, Equifax, and Experian).
B. Communications. The term “Communications” shall mean written or electronic communications to Bureaus and/or Furnishers. Communications will be sent in accordance with your instructions and information as well as with Wiltz Law’s analysis of your credit reports.
C. Content. The term “Content” shall mean Wiltz Law’s works of authorships, including but not limited to its registered marks, copyrighted material, any revisions, modifications and enhancements thereto, and any trade dress.
D. Furnishers. The term “Furnishers” shall mean one or more credit report information furnishers (for example, creditors, debt collectors, and banks).
E. Service Interval. The term “Service Interval” shall mean 5-15 days after the date of this Contract, and monthly thereafter or the date Representation ends, if earlier.
F. Service Interval Trimester. The term “Service Interval Trimester” shall mean four consecutive Service Intervals.
G. Websites. The term “Websites” shall mean the websites located at www.wiltzlaw.com and such other sites as Wiltz Law may choose to operate in connection with the Representation.
II. SERVICES AND REPRESENTATION
You are engaging the Tier 1 service level (described below) as of the date of this Contract. In the event you change your service level, all terms and conditions of this Contract will apply to your chosen service level.
You agree that, by signing this Contract, you are providing Wiltz Law with “written instructions” in accordance with the Fair Credit Reporting Act to periodically obtain your credit reports from any consumer reporting agency, affiliate or third party and to use your credit reports to provide you with the services agreed to as part of this Contract.
Wiltz Law performs one or more of the following services before you pay: enters your personal data and one or more credit reports into its secure database; provides you with a login to access your case online and to access certain informative content Wiltz Law offers its clients; collects information and instructions from you regarding your particular circumstances and how you wish to proceed; analyzes your case; and prepares and sends one or more Communications on your behalf.
Subsequently, Wiltz Law typically performs one or more of the following ongoing and periodic services as appropriate in its judgment and discretion: receives and reviews Bureau and Furnisher correspondence sent to us directly or by you; collects and reviews updated information and instructions from you regarding your circumstances, goals, and case; monitors and analyzes your case; provides you with status updates regarding your case; and prepares and sends one or more additional Communications on your behalf.
Wiltz Law cannot guarantee and you are not paying for a particular credit report outcome or result; you are paying only for Wiltz Law’s efforts on your behalf. The Bureaus or Furnishers may not respond to initial or subsequent Communications and ultimately may decide not to remove items from your consumer credit files despite Wiltz Law’s efforts.
Wiltz Law’s Representation is designed to assist you in your efforts to ensure that your credit reports fairly and accurately reflect your credit history, and to provide you with valuable guidance as you continue to manage your credit. In order to meet your precise needs, Wiltz Law offers the following service levels that may assist you in your efforts to stay on track. Regardless of the service level, Wiltz Law uses its judgment and discretion to determine the content, number and frequency of the Communications. Communications may be sent to Bureaus and/or Furnishers up to two (2) weeks after you choose to end Representation (due to variations in transit time and the period required to process a request to cancel Representation). This Contract is only for the services listed below related to your chosen service level and does not include pre-litigation or litigation services.
A. CREDIT REPAIR SERVICE LEVELS
Tier 1 Standard.
- The Tier 1 service level will assist you in requesting that Bureaus and Furnishers demonstrate their compliance with various laws governing fair, accurate, and substantiated consumer credit reporting.
- Based upon its analysis of your credit reports and the information and instructions you provide, Wiltz Law will prepare and send Communications to Bureaus and up to three Communications to Furnishers during a Service Interval on your behalf and in your name to verify and/or challenge the accuracy of your credit reports.
- Provide personalized analyses of factors impacting credit scoring. Wiltz Law will provide at least one credit score improvement analysis during a Service Interval.
Clients who engage the Tier 1 service level for the following example number(s) of specified Service Intervals have the following average number of Credit Repair Communications sent to Bureaus and Furnishers: (a) 1 Service Interval – 1 to 2 Credit Repair Communications; (b) 2 Service Intervals – 2 to 4 Credit Repair Communications; (c) 4 Service Intervals – 4 to 8 Credit Repair Communications; (d) 6 Service Intervals – 6 to 12 Credit Repair Communications; (e) 8 Service Intervals – 8 to 16 Credit Repair Communications; (f) 10 Service Intervals – 10 to 20 Credit Repair Communications; (g) 12 Service Intervals – 12 to 24 Credit Repair Communications.
III. PAYMENT AND FEES
Wiltz Law never charges before any services are fully performed. Fees are collected on a periodic basis, but only for services previously provided. Because fees are charged after rendering services, you should expect to pay a final fee when you choose to end Representation and fees are generally not refundable. Any service credit provided by Wiltz Law will be applied to services rendered and will expire upon cancellation of Wiltz Law’s Representation.
A Service Interval fee, based on the applicable service level, is charged five to fifteen days from the date of this Contract as follows: $129.95 for Tier 1. This fee will be charged after related services have been fully rendered.
When you elect to continue additional Service Interval(s) at a selected service level, you will be charged the following at the end of each Service Interval, for work previously and fully rendered: $129.95 for Tier 1. Charges will be processed on or about the same day of each month for each Service Interval(s) until you elect to suspend or cancel service. For example, if a fee for services was charged on the seventh of the month and you choose to continue for another Service Interval, the fee for that Service Interval will be charged on or about the seventh of the next month for work previously and fully rendered. (The specific day of the month may vary slightly due to weekends and holidays.) A final fee will be charged on the day you end Representation. Depending on which payment method you have selected, fees will either be charged to your credit or debit card or drafted from your bank account.
You agree to pay the following late charge when payment for Wiltz Law’s Representation is not honored upon first presentment by Wiltz Law to your credit or debit card company or bank: $19.95 for Tier 1. You authorize Wiltz Law to substitute additional payment methods provided by you in the event any fee or charge authorized by this Contract is not honored upon first presentment by Wiltz Law. You grant Wiltz Law permission to withdraw any fee or charge authorized by this Contract from your credit or debit card or bank account and to verify your account information.
While the amount of work performed may vary from Service Interval to Service Interval, your monthly fee for additionally elected Service Intervals will remain the same and will be collected only for services previously and completely rendered.
Clients who engage the Tier 1 service level for the following example number(s) of specified Service Intervals pay Wiltz Law the following total amounts: (a) 1 Service Interval – $129.95; (b) 2 Service Intervals – $259.90; (c) 4 Service Intervals – $519.80; (d) 6 Service Intervals – $779.70; (e) 8 Service Intervals – $1039.60; (f) 10 Service Intervals – $1299.50; (g) 12 Service Intervals – $1559.40.
IV. TERM AND CANCELLATION
You may suspend or cancel this Contract at any time and in a number of ways, including: (a) telephoning Wiltz Law, (b) signing and mailing Wiltz Law one of the Notices of Cancellation, or (c) sending Wiltz Law a written request. Wiltz Law honors all cancellation requests without condition or charge that are sent to Wiltz Law within the first five days of the date of this Contract. It may take up to three business days from the day Wiltz Law receives your request to process it. Cancellation requests sent after the first five days may result in a charge.
The length of time you may wish to engage Wiltz Law will likely depend on a variety of factors, such as: your individual credit goals, your timely participation, the complexity of your case (e.g. the type and number of unfairly or inaccurately reported credit information subject to substantiation), initial and subsequent positions taken by a particular Furnisher or Bureau regarding an affected credit report item, new information added to your credit profile during your Representation, changes to your initial credit goals, and other related factors. This contract continues from month to month. You are advised to review your case at least each month and determine whether you wish to continue Wiltz Law’s Representation or suspend or cancel it.
Wiltz Law reserves the right to withdraw from representing you if you breach this Contract or for any reason permitted under applicable professional rules of conduct. In the event Wiltz Law withdraws, you agree to pay Wiltz Law for the services rendered by Wiltz Law previous to the date of withdrawal.
Wiltz Law may have discussions with you regarding your case and in doing so may provide its opinion, in its judgment, regarding your options and possible outcomes, given the information you provide to Wiltz Law. Any expressions of opinion may not reflect an actual outcome.
V. CLIENT RESPONSIBILITIES AND COMMUNICATIONS
You agree to assist Wiltz Law in answering certain security questions regarding your identity and credit history as may be necessary to obtain your credit reports.
You agree to specify which credit report items Wiltz Law should challenge with Bureaus, as applicable, and the basis for such actions.
You will provide Wiltz Law with legible copies (not originals) of updated credit reports at least every ninety days, and promptly forward to Wiltz Law copies of all correspondence you receive from the Bureaus, Furnishers, or others as the result of Wiltz Law’s efforts on your behalf. You understand and acknowledge that failure to promptly forward correspondence and updated credit reports may delay or negatively impact your case.
You agree to send only copies of documents, not originals, for Wiltz Law to scan, store electronically, and shred.
You agree to promptly inform Wiltz Law if your contact or payment information changes by calling your paralegal.
You agree to review your case each month and determine whether you wish to suspend or cancel the Representation.
Once Representation is canceled, you authorize Wiltz Law to destroy your file in accordance with Wiltz Law’s retention policy, excluding only those documents which are required to be retained. You may request copies of your file for up to six months.
You agree to use the Content for your own personal benefit, and not for commercial purposes.
You agree and acknowledge that Wiltz Law may communicate private and confidential information with you via unencrypted email at the address you provide. You agree to promptly inform Wiltz Law if your email address changes by calling your paralegal.
You agree that all information you provide Wiltz Law is true to the best of your knowledge.
You understand and acknowledge that you are not paying for, and that Wiltz Law does not make, any representation, warranty, promise or guarantee as to any particular outcome or result. You are paying only for Wiltz Law’s Representation on your behalf. The Bureaus or Furnishers may decide not to remove items from your consumer credit files despite Wiltz Law’s actions.
You acknowledge that you intentionally hired Wiltz Law, which is based in the state of Texas, to represent you as described in this Contract.
You acknowledge that Communications prepared by Wiltz Law may include your account number(s) and Social Security Number in order to reference your account.
You understand Communications sent by Wiltz Law to Furnishers and Bureaus on your behalf will be sent in your name, and will not be identified as being sent by Wiltz Law. Copies of written Communications will be provided to you upon request.
You agree to all other terms and conditions within this Contract.
Because you have asked Wiltz Law to assist you in working with Your Affiliate, you authorize Wiltz Law to provide certain information to Your Affiliate, such as the following: your credit history and score, items on your report being addressed by Wiltz Law, and your status as a client. You may cancel this authorization at any time by sending an email or other written notice to Wiltz Law. Your authorization will be in effect until the first one of the following occurs: (i) upon your written cancellation; or (ii) six months following the date from which you close your case with Wiltz Law.
VI. WILTZ LAW WILL NOT DO ANY OF THE FOLLOWING:
Wiltz Law will not file your case in court or perform pre-litigation services on your behalf, except under a separate written agreement signed by both you and Wiltz Law. Wiltz Law assists you in contacting Bureaus and Furnishers to address items on your credit reports, but Wiltz Law does not promise or provide any specific outcome with regard to your credit history or credit report. Multiple attempts to assist you in this effort may be necessary, and should you deem Wiltz Law’s actions to be unsuccessful, you may need to seek additional legal representation regarding a particular Furnisher or Bureau.
Wiltz Law will not dispute accurate information within your credit report.
Wiltz Law may assign various attorneys and paralegals, clerical staff, or others to perform work on your case. You agree services in connection with your Representation may be performed by any attorney, or law firm that is associated with Wiltz Law, and any such attorney’s or law firm’s paralegals, clerical staff or other assistants. There is no additional charge to you for work performed by these individuals.
A. ARBITRATION. You agree to arbitrate all disputes and claims between you and Wiltz Law on an individual basis only and not as a part of any class. You agree that, by entering into this Contract, you are waiving all rights to: (a) a trial by jury; (b) participate in a class action law suit or class action arbitration; and (c) bring an action against Wiltz Law in a court of law. You may individually arbitrate any claim against Wiltz Law in any jurisdiction in Dallas, Dallas County, Texas, United States. The rules of the American Arbitration Association shall govern the arbitration and can be viewed online at www.adr.org or by calling 1-800-778-7879.
B. SEVERABILITY. In the event that any provision or covenant of this Contract shall be held invalid, illegal or unenforceable by a court or arbitrator of competent jurisdiction for any reason, then such provision will be severed and replaced with a new provision that most closely reflects the original intention of the parties, and this Contract and all of its remaining provisions shall remain in full force and effect for the greatest time period and for the broadest scope permitted by applicable law. You understand and agree that your obligations under Sections III, V, and VIII, and any other provision which by its nature should survive termination, shall survive and remain enforceable after termination of this Contract for any reason without restriction or limit.
C. CONFLICTS IN TERMS. In the event of a conflict between any notice, policy, disclaimer or other term contained in the Websites or otherwise, the terms and conditions of this Contract shall control.
D. FORCE MAJEURE. Wiltz Law shall not be liable by reason of any failure or delay in the performance of its obligations hereunder due to any reason beyond its reasonable control.
E. COPYRIGHTS AND TRADEMARKS. You acknowledge and agree that the Content are the property of Wiltz Law or its licensors and suppliers and are protected by federal, state, and international copyrights laws, including the common law. Any other Content not owned by Wiltz Law that appears on the Websites is the property of its respective owner(s). All software used on the Websites is the property of Wiltz Law or its software suppliers and is also protected by federal, state, and international copyright law, including the common law. Reproduction of such Content, in whole or in part, is prohibited without prior consent.
F. PRIVACY NOTICE. Your telephone calls may be recorded and monitored for quality assurance.
G. ENTIRE AGREEMENT. This Contract is the entire agreement between you and Wiltz Law and supersedes all other agreements, whether made orally or in writing.
IX. LIMITED DESIGNATION OF AGENCY
You agree that Wiltz Law may act as your non-exclusive agent and attorney in fact, on your behalf, for the limited purposes of:
(a) requesting and receiving your consumer credit disclosures and credit reports;
(b) disputing, challenging, or investigating with Bureaus as applicable, at your direction and within our professional judgment, inaccurate, unfairly reported, incomplete, or unsubstantiated information on such disclosures and reports;
(c) receiving results from such inquiries and communicating them to you;
(d) investigating and/or verifying information provided by Furnishers to Bureaus; and
(e) signing letters on your behalf and in your name.
You authorize the Bureaus and Furnishers to provide such disclosures and reinvestigation results to Wiltz Law on your behalf, via electronic means. You further agree that you will not knowingly dispute accurate information on your credit report or disclosures.
I have received and had the opportunity to review the Wiltz Law Engagement Agreement and Limited Designation of Agency, which I understand is a binding contract, and agree to all its terms and conditions.
By providing your electronic signature, you engage Wiltz Law to work on your behalf and you agree to the following:
You acknowledge that you have received and agree to the terms of Wiltz Law’s E-SIGN Agreement, and that you have received and have had an opportunity to review a copy of the Wiltz Law federal and state disclosure statements and notices of cancellation.
You acknowledge that you have received and had the opportunity to review the Wiltz Law Engagement Agreement and Limited Designation of Agency, which you understand is a binding contract, and agree to all its terms and conditions.
Required Notice Under Federal Law: You may cancel this contract without penalty or obligation at any time before midnight of the 3rd business day after the date on which you signed the contract. See the attached notice of cancellation form for an explanation of this right
Wiltz Law provides you five days from the date of this Contract to cancel without penalty or obligation.
For Texas Clients: Required Notice Under State Law: You, the buyer, may cancel this contract at any time before midnight of the third day after the date of the transaction. See the attached notice of cancellation form for an explanation of this right.