Skip to content Skip to navigation
Home > Blog > Tag > Fdcpa
Adam J Krohn / Posted: 2015-06-24 6:52 pm

In the late 1970s, the federal government enacted the Fair Debt Collection Practices Act (FDCPA) in order to give consumers greater protections against abusive debt collection practices; to eliminate harassment within the debt collection industry. The FDCPA also sought to encourage the fair collection of debts.


Adam J Krohn / Posted: 2014-07-29 12:08 pm

The Telephone Consumer Protection Act (TCPA) was enacted in order to address telemarketing practices that are perceived to threaten consumer privacy and public safety. In 2013 the Federal Communications Commission (FCC) changed the rules with regards to whether calls can be made if there is an established business relationship and prior express consent.


Adam J Krohn / Posted: 2014-07-22 2:17 pm

In 1991 Congress enacted the Telephone Consumer Protection Act (TCPA) to help prevent telemarketers from placing annoying telemarketing calls to consumers. Once this act passed, the Federal Communications Commission (FCC) was granted the authority to create and implement the regulations that pertain to the TCPA.


Adam J Krohn / Posted: 2014-07-11 2:03 pm

There has been an increasing amount of litigation brought under the Telephone Consumer Protection Act (TCPA). As a result, the Federal Communications Commission (FCC) is being called upon more often to address the complex questions that arise from applying this analog statute to the digital world.


Adam J Krohn / Posted: 2014-07-07 2:38 pm

Under the Telephone Consumer Protection Act (TCPA) companies are prohibited from sending automated text messages to mobile phones without receiving permission first. This can become an issue when a cellular phone number has been recycled. When this occurs, the original user of that phone number may have given their permission to be called or text messages to be sent, however the new user may not have.


Adam J Krohn / Posted: 2014-06-16 2:56 pm

The meaning of "called party" under the Telephone Consumer Protection Act (TCPA) has not always been understood by telemarketers and debt collectors. In 2012, the Seventh Circuit, finally addressed the meaning of the term


Adam J Krohn / Posted: 2014-06-09 4:26 pm

Under the Telephone Consumer Protection Act (TCPA) calls made to cell phones using automatic dialing systems or a prerecorded voice without the prior express consent of the party called are prohibited. However, if prior express consent is given, it can be revoked at any time provided it is revoked in a proper manner. How prior can be revoked varies from jurisdiction to jurisdiction.


Adam J Krohn / Posted: 2014-05-29 2:00 pm
Under the Telephone Consumer Protection Act (TCPA), certain types of calls are exempt from the Do Not Call provisions. Consumers who have placed their numbers on the Do Not Call Registry can still receive calls from:

Adam J Krohn / Posted: 2014-05-09 12:45 pm
Consumers who have debt in default have probably received many calls from debt collectors wanting them to make payments. Consumers are protected from abusive collection practices under the Fair Debt Collection Practice Act (FDCPA). However, the FDCPA protections do not apply to a consumer’s original creditor.

Adam J Krohn / Posted: 2014-05-06 11:49 am
There are many reported cases where attorney fees and costs have been awarded to plaintiffs who have been successful in their Fair Debt Collection Practices Act (FDCPA) cases. However, attorney fees and costs awarded to defendant debt collectors who have had to defend a case made in bad faith or with the purpose of harassing the defendant are much less common.

Pages

Submit Your Details for Free Case Review