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Have You Been Receiving Calls from Debt Collectors About the Debts of Deceased Relatives?

Adam J Krohn / Posted: 2014-02-05 2:28 pm
A close relative of yours has recently died. You and your family are grieving and now debt collectors are calling asking you family to pay the debts of your deceased loved one. However, as a rule, the debts of the decedent are not the responsibility of the family but of the decedent’s estate.

How the TCPA Applies to Unwanted Emails and Text Messages

Adam J Krohn / Posted: 2014-01-30 11:52 am
Unwanted text messages and emails can be very annoying. These unwanted texts to mobile phones and other mobile devices can be intrusive and costly to the recipient. The Telephone Consumer Protection Act (TCPA) addresses problem of text message spam.

An Overview of the Telephone Consumer Protection Act

Adam J Krohn / Posted: 2014-01-22 1:19 pm
The Telephone Consumer Protection Act (TCPA) was passed by Congress in 1991 as an attempt to end annoying prerecorded telemarketing calls. Under the TCPA, the Federal Communications Commission (FCC) was granted the authority to develop and implement regulations that pertain to the TCPA.

Validation of Debt Under the Fair Debt Collection Practices Act

Adam J Krohn / Posted: 2014-01-15 1:06 pm
When a consumer is contacted by a debt collector that consumer is entitled to request certain basic information. This is especially useful if the consumer does not believe that they owe the debt. Debt validation is a consumer’s right under the Fair Debt Collection Practices Act (FDCPA) 15 USC Section 1692g to force the debt collector to prove that the consumer owes the debt.

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

Adam J Krohn / Posted: 2013-12-17 1:39 pm
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.

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

Adam J Krohn / Posted: 2013-12-11 11:40 am
Under the Fair Debt Collection Practices Act (FDCPA) civil liability is imposed on debt collectors who engage in prohibited debt collection practices. It is an important Act that every consumer should be aware of; for an overview of the FDCPA, please click here. The FDCPA does not impose this liability on all creditors.

Debt Collectors Cannot Engage in Conduct that Harasses a Consumer When Attempting to Collect a Debt

Adam J Krohn / Posted: 2013-11-27 12:24 pm
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, debt collectors cannot under this section.

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

Adam J Krohn / Posted: 2013-11-18 11:13 am
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. Their goal is to better protect consumers while not limiting legitimate debt collection activities.

Lenders are not Required to Report to the Three Credit Bureaus

Adam J Krohn / Posted: 2013-11-05 12:22 pm
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 or regional banks may only report to one or two, but generally not all three. There are also some lenders and others who do not report to any credit bureau.

Debt of a Loved One After Death

Adam J Krohn / Posted: 2013-10-23 11:38 am
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 Fair Debt Collection Practices Act (FDCPA) attorneys at the Consumer Law Center explain these various factors.

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