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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.

Creditors vs. Debt Collectors Under the FDCPA

Adam J Krohn / Posted: 2014-05-09 12:45 pm
Consumers who have debt in default have probably received many calls from debt collectors wanting them to make payments. Consumers are protected from abusive collection practices under the Fair Debt Collection Practice Act (FDCPA). However, the FDCPA protections do not apply to a consumer’s original creditor.

Damages and Remedies Available Under the FDCPA

Adam J Krohn / Posted: 2014-04-17 11:46 am
Debtors are protected from the harassment by debt collectors under the Fair Debt Collection Practices Act (FDCPA). If a debt collector has contacted you and has violated the FDCPA, a debtor can sue the debt collector in court. If a FDCPA lawsuit is successful, there are a range of damages provided for under the statute, including monetary damages and attorney’s fees.

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.

Debt Buyers not Licensed in Illinois Can Have Third Party Collectors Attempt to Collect for them within the State

Adam J Krohn / Posted: 2014-03-20 12:08 pm
Last February, the Illinois Court of Appeals, Second Division, upheld a ruling that a debt collection law firm that filed a collection suit on the behalf of a debt buyer that was not licensed in Illinois did not violate the Fair Debt Collection Practices Act (FDCPA).

Is a Debt Collector Attempting to Collect Multiple Debts From You?

Adam J Krohn / Posted: 2014-03-12 11:39 am
Oftentimes, consumers are intimidated by debt collectors into paying debts even when they are unable to realistically afford to make those payments. In these cases, uninformed consumers will often agree to pay on debts that have been inflated or are unenforceable because the statute of limitations has expired.

Fourth Circuit Holds that Debtors are Permitted by the FDCPA to Orally Dispute Debts

Adam J Krohn / Posted: 2014-03-05 12:11 pm
Under the Fair Debt Collection Practices Act (FDCPA) Section 1692g(a)(3), a debt collector is required to send a debt notice to consumers from whom it is attempting to collect. With regards to disputing a debt, the notice must state that “unless the consumer, within 30 days after receipt of the notice disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector.

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.

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