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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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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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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