BigLaw

Mims v. Arrow Financial Services, LLC: Lawsuits Stemming from Automated Phone Calls Can be Brought in Federal or State Courts

by Adam J Krohn January 9, 2014 BigLaw

The Telephone Consumer Protection Act (TCPA) was in enacted in 1991 in response to consumer complaints about the abuses of telephone technology. It was determined by Congress that because telemarketers were escaping state prohibitions on nuisance calls, federal legislation was necessary. Some of the invasive telemarketing practice the TCPA bans include: Placing automated calls to […]

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Vincent v. The Money Store: Broadens the “False Name” Exception to the FDCPA

by Adam J Krohn December 10, 2013 BigLaw
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Debt Collectors Cannot Engage in Conduct that Harasses a Consumer When Attempting to Collect a Debt

by Adam J Krohn November 28, 2013 Banking

The purpose of the Fair Debt Collection Practices Act (FDCPA) is to stop debt collection practices that are abusive and to protect the consumer.  Under the FDCPA, 15 USC Section 1692d, debt collectors cannot engage in conduct that is meant to harass, oppress, or abuse a person when attempting to collect a debt.  More specifically, […]

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The Consumer Financial Protection Bureau Wants to Hear from Consumers about their Bad Experiences with Debt Collectors

by Adam J Krohn November 14, 2013 BigLaw

Many people have bad experiences with debt collectors and the Consumer Financial Protection Bureau (CFPB) wants to hear about them.  They are preparing to update the rules that govern how debt collectors communicate with borrowers and they are seeking information from both debt collection companies and consumer advocates to help them prepare the new rules.  […]

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Lenders are not Required to Report to the Three Credit Bureaus

by Adam J Krohn November 13, 2013 Banking

(US law & generally) How information is supplied to the three credit reporting agencies is governed by the Fair Credit Reporting Act (FCRA). However, the law does not say that lenders are required to report any information to them. Major banks generally do report information to all the credit bureaus. Credit unions and small local […]

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Debt of a Loved One After Death

by Adam J Krohn November 3, 2013 BigLaw

When a loved one dies it can be difficult to cope, not only with the death but also with the added pressure of creditors who call to collect debts. You may question whether the debt collector can collect on the debt from family members. The answer to that question depends on several factors. Our experienced […]

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What Corporations Should Know About the FCC’s New Telemarketing Rules: Effective October 16, 2013

by Adam J Krohn October 24, 2013 BigLaw

Last year the Federal Communications Commission (FCC) adopted several very significant changes to the Telephone Consumer Protection Act (TCPA).  The changes to the regulations have become effective on October 16, 2013.  Two of the changes include: A requirement that written consent be obtained prior to a business placing a call; and The “established business relationship” […]

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Defendants Will Pay $1 Million to Settle the First Case Brought by the FTC that Alleges Text Messages Were Used in an Illegal Debt Collection Scheme

by Adam J Krohn October 16, 2013 Banking and Finance Law

In the first Federal Trade Commission (FTC) action against a debt collector who used text messaging in their efforts to collect debts in an unlawful manner, the California based collector will pay $1 million to settle the charges that they violated federal law. It was alleged by the FTC that Archie Donovan and two companies […]

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The Better Business Bureau Advises Consumers About Legitimate Debt Collectors vs. Scammers

by Adam J Krohn October 3, 2013 BigLaw

The Better Business Bureau (BBB) has recently issued an alert about the growing number of complaints about scam debt collectors over the past year.  The BBB also advised consumers to learn about how to determine what is a legitimate debt collection effort and what is a scam.  This can be a difficult assessment because some […]

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Express Consent Can be Revoked Under New TCPA Ruling

by Adam J Krohn September 18, 2013 BigLaw

(US Law) A new ruling out of the Third Circuit Court of Appeals has held that the Telephone Consumer Protection Act (TCPA) allows consumers to revoke their prior consent to being called through the use of an autodialer or prerecorded voice.  In the case Gager v. Dell Financial Services, LLC, the common understanding of the […]

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Recent Seventh Circuit Decision finds that Attorney’s Faxes Were Unsolicited Advertisements Under the TCPA

by Adam J Krohn September 4, 2013 BigLaw

The Telephone Consumer Protection Act (TCPA) generally prohibits most unsolicited advertisements sent by fax.  In a recent case, faxes sent from an attorney that alerted the recipients to the availability of his services, even though they were styled as newsletters, were considered unsolicited advertisements under the TCPA by the United States Court of Appeals for […]

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Los Angeles Assault Attorney Explains Domestic Assault

by ManuelianLawFirm August 9, 2013 Assault

A domestic assault charge in Los Angeles threatens more than just your marriage. Like any other assault, a domestic assault conviction can result in not only the loss of your family, but the loss of your freedom as well. Emotionally-charged and aggressively pursued by prosecutors, domestic assault charges are serious and a conviction can result […]

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Is Your Small Business Prepared for a Lawsuit?

by edralyn July 9, 2013 BigLaw

Is Your Small Business Prepared for a Lawsuit? For a small business owner, there’s nothing quite as scary as coming to work in the morning and finding out you’re being sued. It’s hard to put a positive spin on a lawsuit, but don’t panic. This is actually very common. According to YFS Magazine, 57 percent […]

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Telephone Calls that are Manually Dialed May Still Violate the TCPA

by Adam J Krohn July 4, 2013 BigLaw

(US Law) The Telephone Consumer Protection Act (“TCPA”) already regulates the use of auto dialers, used to initiate faxes, prerecorded voice messages, and SMS text messages. However, a recent federal court ruling out of the Western District of Wisconsin has expanded the TCPA’s reach. In the case Nelson v. Santander Consumer USA, this court found […]

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The Future of BigLaw – Who Will Lead the Way?

by Legal Author May 10, 2013 BigLaw

In his recent book, “Tomorrow’s Lawyers An Introduction to Your Future” Professor Susskind continues his predictions from his previous books, that consumers of legal services are forcing providers to change the way they deliver legal services. Susskind identifies three drivers for change in the legal market; the more for less challenge, liberalisation and technology. In […]

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