fair debt collection practices act

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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