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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.

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

Adam J Krohn / Posted: 2013-10-08 1:49 pm
On September 25, 2013 the Federal Trade Commission (FTC) settled its first case that involved text messages under the Fair Debt Collection Practices Act.

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

Adam J Krohn / Posted: 2013-10-04 10:53 am
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.

The Better Business Bureau Advises Consumers About Legitimate Debt Collectors vs. Scammers

Adam J Krohn / Posted: 2013-09-26 12:52 pm
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.

Recent Seventh Circuit Decision finds that Attorney's Faxes Were Unsolicited Advertisements Under the TCPA

Adam J Krohn / Posted: 2013-09-04 12:26 pm
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 the Seventh Circuit.

Learn how the Experienced Attorneys at Krohn and Moss Can Help Fellow Lawyers and Law Firms: What Happens Under the FDCPA When an Attorney “Regularly” Collects Debts?

Adam J Krohn / Posted: 2013-08-27 1:27 pm
Attorneys have known since 1995 when Heintz v. Jenkins was issued by the United States Supreme Court that attorneys who seek to collect on consumer debts for clients, even when it is through litigation, they may be considered a “debt collector” under the Fair Debt Collection Practices Act (FDCPA)

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

Adam J Krohn / Posted: 2013-08-14 11:24 am
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.

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