tcpa

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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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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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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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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