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Prior Express Consent Under the TCPA and Transactions that Resulted in Debt

Adam J Krohn / Posted: 2014-05-26 12:49 pm
More guidance has been provided on how courts define “express consent” under the Telephone Consumer Protection Act (TCPA) with regards to debt collection. In the case Sharp v. Allied Interstate Inc., a federal district court in New York relied on earlier Federal Communications Commission (FCC) rulings that found that consumers had given their prior express consent in situations where they had given their respective contact telephone numbers to creditors in transactions that resulted in debts.

TCPA Mandates Clarified by the FCC

Adam J Krohn / Posted: 2014-05-19 12:01 pm
The Telephone Consumer Protection Act (TCPA) was enacted in 1991 to address the telemarketing practices that were perceived to threaten consumer privacy and public safety. The TCPA restricts telemarketing calls and the use of automatic dialing systems, artificial or prerecorded voice messages, and fax machines.

Violations of the TCPA and Possible Damages

Adam J Krohn / Posted: 2014-04-24 12:02 pm
In response to the increase in the number of consumer complaints about telemarketers and debt collection calls, the Telephone Consumer Protection Act (TCPA) was enacted. The intention of this act was to reduce the number of nuisance calls made to consumers and to protect their privacy.

Receiving Unwanted Telemarketing Calls?: Place Your Name on the Do-Not-Call Registry

Adam J Krohn / Posted: 2014-04-09 1:08 pm
In 1991 Congress passed the Telephone Consumer Protection Act (TCPA) to respond to the concerns of consumers over the growing number of unsolicited telemarketing calls made to their homes, as well as the increased use of automated and prerecorded messages. Rules were adopted by the Federal Communications Commission (FCC), requiring that anyone making telephone solicitation calls to a person’s home provide

Collectors May Attempt to Collect on Old Debt: Be Aware when a Debt is too Old for a Collector to Sue for

Adam J Krohn / Posted: 2014-03-28 12:05 pm
Debt collectors have a limited number of years to sue a consumer on a debt. This is known as the statute of limitations. Therefore, if a consumer have unpaid “time-barred” debts, collectors will not be able to sue the consumer on the debt even if the consumer does not pay.

Have you Received Phone Calls from People Attempting to Collect on Loans that Do Not Exist?

Adam J Krohn / Posted: 2014-02-20 11:38 am
Many consumers have reported receiving telephone calls from “debt collectors” attempting to collect on loans that were never received by the consumer or on loans that were received but the amount was not owed. In other cases, consumers have been receiving calls from people who are seeking to recover on loans that the consumer did receive but the creditor never authorized the calls. Consumers who are receiving such calls, be aware, these “debt collectors” may actually be scam artists.

Have You Given Telemarketers Prior Express Consent Under the TCPA?

Adam J Krohn / Posted: 2014-02-12 12:25 pm
Under the Telephone Consumer Protection Act (TCPA), companies are now required to obtain “prior express written consent” before they can make telemarketing calls using an automated dialing system or an artificial or prerecorded voice to a wireless number or before calling a residential line by using a prerecorded voice.

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.

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.

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