debt collection

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

by Adam J Krohn January 9, 2014 BigLaw

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 include: Placing automated calls to […]

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

by Adam J Krohn December 10, 2013 BigLaw
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Debt Collectors Cannot Engage in Conduct that Harasses a Consumer When Attempting to Collect a Debt

by Adam J Krohn November 28, 2013 Banking

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 collect a debt.  More specifically, […]

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

by Adam J Krohn November 14, 2013 BigLaw

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 them prepare the new rules.  […]

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Debt of a Loved One After Death

by Adam J Krohn November 3, 2013 BigLaw

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 on several factors. Our experienced […]

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

by Adam J Krohn October 3, 2013 BigLaw

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 a difficult assessment because some […]

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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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