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Express Consent Can be Revoked Under New TCPA Ruling

Adam J Krohn / Posted: 2013-09-11 2:05 pm
A new ruling out of the Third Circuit Court of Appeals has held that the Telephone Consumer Protection Act (TCPA) allows consumers to revoke their prior consent to being called through the use of an autodialer or prerecorded voice.

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.

Mistake of Identity Results in Negative Information on Credit Report

Adam J Krohn / Posted: 2013-08-07 1:22 pm
Credit reports can impact aspects of a person’s life, either positively or negatively. The information can impact whether you can get a loan, how much you will need to pay in order to borrow money, and help protect you from identity theft. Errors on your credit reports that can have a negatively impact occur when a person has applied for credit under different names, a clerical errors was made in reading or entering names or address information from a hand written application, an inaccurate Social Securit

Further Crackdowns on Abusive Debt Collectors: FTC Issues Fines and Steps up FDCPA Enforcement to Protect You

Adam J Krohn / Posted: 2013-07-24 2:42 pm
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 threats, saying that they will contact a consumer’s employer, file a lawsuit, or have the consumers wages garnished.

US Consumer Bureau Plans to Crackdown on Abusive Debt Collectors

Adam J Krohn / Posted: 2013-07-16 2:59 pm
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 made against debt collectors to the Federal Trade Commission (FTC) than any other industry.

Telephone Calls that are Manually Dialed May Still Violate the TCPA

Adam J Krohn / Posted: 2013-07-03 3:17 pm
The Telephone Consumer Protection Act (“TCPA”) already regulates the use of auto dialers, used to initiate faxes, prerecorded voice messages, and SMS text messages. However, a recent federal court ruling out of the Western District of Wisconsin has expanded the TCPA's reach. In the case Nelson v. Santander Consumer USA, this court found that the TCPA may apply to some calls that are not initiated by auto dialers.

Collecting the Debts of the Deceased

Adam J Krohn / Posted: 2013-06-26 1:33 pm
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 their own assets.

TCPA Damages Ruled to be Remedial in Illinois

Adam J Krohn / Posted: 2013-06-18 12:19 pm
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). The Illinois Supreme Court has recently ruled that these statutory damages under the TCPA are not punitive but rather remedial in nature.

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