fair debt collection practices act

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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Advice on Proper Collection and the Use of Mobile Phone Numbers Given by Federal Agencies

by Adam J Krohn October 18, 2013 Blawging

On September 25, 2013 the Federal Trade Commission (FTC) settled its first case that involved text messages under the Fair Debt Collection Practices Act.  This case has shown that (1) the FTC believes that “clear and conspicuous” disclosure rules are applicable regardless of the medium and technological limitations of the device; and (2) the FTC […]

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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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How Consumers Should Treat Debt Collectors

by Adam J Krohn September 25, 2013 Business

(US Law & Generally) When consumers fall behind on their payments, it can be expected that they will start to receive collection calls, regardless of the size of the debt.  These calls can make a consumer’s life miserable.  For this reason, the law has imposed certain restrictions on what a debt collector can and cannot […]

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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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Making the Removal of Negative Credit Information from Your Credit Report Part of Your Negotiation with Debt Collectors

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

Negative information on your credit report can seriously affect you financially.  For example, it can make it difficult to obtain loans.  During negotiations with a collection agency over the payment of a debt, you should consider making the removal of negative credit information on your report part of the negotiations.  If you and the debt […]

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Keeping Telemarketing Calls at Bay: Experienced FDCPA Attorney Explains

by Adam J Krohn August 12, 2013 Blawging

Most people have received annoying messages from telemarketers.  Sometimes they are automated messages.  Other times it is an actual person who just will not take “no” for an answer.  This is why the National Do Not Call Registry was created.  The Federal Trade Commission (FTC) created the registry 10 years ago as a response to […]

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Further Crackdowns on Abusive Debt Collectors: FTC Issues Fines and Steps up FDCPA Enforcement to Protect You

by Adam J Krohn July 31, 2013 Blawg

Consumers who are deep in debt have enough to worry about without being continuously harassed by debt collection companies.  According to federal data, there are around 30 million Americans that have debt that is under collection.  Some of the abusive debt collectors make harassing phone calls, sometimes even late at night.  They may also use […]

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U.S. Consumer Bureau Plans to Crackdown on Abusive Debt Collectors

by Adam J Krohn July 18, 2013 Blawging

(First published at  http://www.westopdebtcollectors.com/blog/us-consumer-bureau-plans-to-crackdown-on-abusive-debt-collectors.html) There are more than 4,500 collection firms in the United States.  While many debt collectors follow the rules laid out under the Fair Debt Collection Practices Act (FDCPA), there are others who do not because they did not fall under the FDCPA’s jurisdiction.  Debt collection complaints are common, with more complaints […]

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The U.S. Court of Appeals for the Second Circuit Rules that a Collection Letter with a Written Dispute Demand Violates the FDCPA

by Adam J Krohn July 17, 2013 Data Protection Law

A recent case, Hooks v. Forman, Holt, Eliades & Ravin, LLC, the U.S. Court of Appeals for the Second Circuit ruled that a collection letter violated the Fair Debt Collection Practices Act (“FDCPA”) because it stated that the debtor would only be able to dispute the debt in writing.  This ruling vacated the district court’s […]

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Collecting the Debts of the Deceased

by Adam J Krohn June 27, 2013 Family Law

(US law/generally) The death of a loved one is a very difficult time for family members.  So when debt collectors attempt to collect on a deceased person’s debt from family members, it can be very stressful and downright agitating.  Family members typically do not have an obligation to pay the debts of the deceased from […]

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TCPA Damages Ruled to be Remedial in Illinois

by Adam J Krohn June 20, 2013 Business Law

The Telephone Consumer Protection Act (“TCPA”) prohibits several telemarketing practices (such as sending spam faxes).  Under the TCPA there is a private right of action, along with the ability to seek $500 in damages for every violation (for every unsolicited fax) or the possibility of treble damages (when unsolicited faxes are sent willfully and knowingly).  […]

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What Consumers Should Know About Credit Cards

by Adam J Krohn June 13, 2013 Banking

(US law and generally) Credit cards can be very useful if used correctly.  However, if they are not, they can get you into a world of trouble.  On average, an US household holds about $16,000 in credit card debt.  Due to the economy, more and more debt collectors have been retained by these credit card […]

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Consumer Attorneys Provide Simple but Effective Tips for Consumers on How to Deal with a Ruthless Debt Collector

by Adam J Krohn June 6, 2013 General Law

(US consumer law) Debt collectors are required to comply with the Fair Debt Collection Practices Act (“FDCPA”). However, intimidation, harassment, and threats are still used in attempts to collect on debts. Some recent studies have found that, due to the decline of the economy, there have been more complaints of debt collectors breaking the FDCPA […]

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Do You Have Errors on Your Credit Report? How to Handle Them

by Adam J Krohn June 5, 2013 Banking

(US Law) A recent study that has been released by the Federal Trade Commission (“FTC”) has found that 26 percent of consumers have a material error on at least one of their three credit reports.  Of the consumers in the study, 5 percent that had an error, once it was corrected they were placed in […]

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Proper Venue for FDCPA Actions: Where the Required Location of Your Case Must Be

by Adam J Krohn May 24, 2013 Accident Claims Law

When filing a lawsuit it is important that it be filed in the proper court. This pertains to any type of action, where it be a personal injury case, criminal matter, or even probating a will. Actions under the Fair Debt Collection Practices Act (“FDCPA”) are not any different. Proper venue is clearly stated under […]

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