Mims v. Arrow Financial Services, LLC: Lawsuits Stemming from Automated Phone Calls Can be Brought in Federal or State Courts

January 9, 2014

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. Some of the invasive telemarketing practice the TCPA bans

Vincent v. The Money Store: Broadens the “False Name” Exception to the FDCPA

December 10, 2013

Debt Collectors Cannot Engage in Conduct that Harasses a Consumer When Attempting to Collect a Debt

November 28, 2013

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

The Consumer Financial Protection Bureau Wants to Hear from Consumers about their Bad Experiences with Debt Collectors

November 14, 2013

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

Lenders are not Required to Report to the Three Credit Bureaus

November 13, 2013

(US law & generally) 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.

Debt of a Loved One After Death

November 3, 2013

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

What Corporations Should Know About the FCC’s New Telemarketing Rules: Effective October 16, 2013

October 24, 2013

Last year the Federal Communications Commission (FCC) adopted several very significant changes to the Telephone Consumer Protection Act (TCPA). The changes to the regulations have become effective on October 16, 2013. Two of the changes include: A requirement that written consent be obtained prior to a business placing a call;

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

October 16, 2013

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. It was alleged by the FTC that

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

October 3, 2013

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. This can be

Express Consent Can be Revoked Under New TCPA Ruling

September 18, 2013

(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,