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What Can I Recover in a FDCPA Lawsuit?

Adam J Krohn / Posted: 2015-06-24 6:52 pm

In the late 1970s, the federal government enacted the Fair Debt Collection Practices Act (FDCPA) in order to give consumers greater protections against abusive debt collection practices; to eliminate harassment within the debt collection industry. The FDCPA also sought to encourage the fair collection of debts.

The Definition of a "Called Party" as Addressed by the 7th and 11th Circuits

Adam J Krohn / Posted: 2014-06-16 2:56 pm

The meaning of "called party" under the Telephone Consumer Protection Act (TCPA) has not always been understood by telemarketers and debt collectors. In 2012, the Seventh Circuit, finally addressed the meaning of the term

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.

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.

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.

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

Adam J Krohn / Posted: 2013-12-17 1:39 pm
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.

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

Adam J Krohn / Posted: 2013-12-11 11:40 am
Under the Fair Debt Collection Practices Act (FDCPA) civil liability is imposed on debt collectors who engage in prohibited debt collection practices. It is an important Act that every consumer should be aware of; for an overview of the FDCPA, please click here. The FDCPA does not impose this liability on all creditors.

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