Adam J Krohn

How Consumers Should Treat Debt Collectors

by Adam J Krohn September 25, 2013 Business

(US Law & Generally) When consumers fall behind on their payments, it can be expected that they will start to receive collection calls, regardless of the size of the debt.  These calls can make a consumer’s life miserable.  For this reason, the law has imposed certain restrictions on what a debt collector can and cannot […]

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Express Consent Can be Revoked Under New TCPA Ruling

by Adam J Krohn September 18, 2013 BigLaw

(US Law) 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.  In the case Gager v. Dell Financial Services, LLC, the common understanding of the […]

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

by Adam J Krohn September 4, 2013 BigLaw

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 […]

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

by Adam J Krohn August 16, 2013 Banking and Finance Law

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.  If you and the debt […]

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Keeping Telemarketing Calls at Bay: Experienced FDCPA Attorney Explains

by Adam J Krohn August 12, 2013 Blawging

Most people have received annoying messages from telemarketers.  Sometimes they are automated messages.  Other times it is an actual person who just will not take “no” for an answer.  This is why the National Do Not Call Registry was created.  The Federal Trade Commission (FTC) created the registry 10 years ago as a response to […]

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

by Adam J Krohn July 31, 2013 Blawg

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 […]

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U.S. Consumer Bureau Plans to Crackdown on Abusive Debt Collectors

by Adam J Krohn July 18, 2013 Blawging

(First published at  http://www.westopdebtcollectors.com/blog/us-consumer-bureau-plans-to-crackdown-on-abusive-debt-collectors.html) 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 […]

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The U.S. Court of Appeals for the Second Circuit Rules that a Collection Letter with a Written Dispute Demand Violates the FDCPA

by Adam J Krohn July 17, 2013 Data Protection Law

A recent case, Hooks v. Forman, Holt, Eliades & Ravin, LLC, the U.S. Court of Appeals for the Second Circuit ruled that a collection letter violated the Fair Debt Collection Practices Act (“FDCPA”) because it stated that the debtor would only be able to dispute the debt in writing.  This ruling vacated the district court’s […]

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Telephone Calls that are Manually Dialed May Still Violate the TCPA

by Adam J Krohn July 4, 2013 BigLaw

(US Law) 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 […]

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Collecting the Debts of the Deceased

by Adam J Krohn June 27, 2013 Family Law

(US law/generally) 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 […]

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