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Revoking Prior Express Consent Under the TCPA

Adam J Krohn / Posted: 2014-06-09 4:26 pm

Under the Telephone Consumer Protection Act (TCPA) calls made to cell phones using automatic dialing systems or a prerecorded voice without the prior express consent of the party called are prohibited. However, if prior express consent is given, it can be revoked at any time provided it is revoked in a proper manner. How prior can be revoked varies from jurisdiction to jurisdiction.

TCPA Exception Made for Certain Health Care Related Calls Covered by HIPPA

Adam J Krohn / Posted: 2014-05-29 2:00 pm
Under the Telephone Consumer Protection Act (TCPA), certain types of calls are exempt from the Do Not Call provisions. Consumers who have placed their numbers on the Do Not Call Registry can still receive calls from:

Have You Been Receiving Calls from Debt Collectors About the Debts of Deceased Relatives?

Adam J Krohn / Posted: 2014-02-05 2:28 pm
A close relative of yours has recently died. You and your family are grieving and now debt collectors are calling asking you family to pay the debts of your deceased loved one. However, as a rule, the debts of the decedent are not the responsibility of the family but of the decedent’s estate.

Validation of Debt Under the Fair Debt Collection Practices Act

Adam J Krohn / Posted: 2014-01-15 1:06 pm
When a consumer is contacted by a debt collector that consumer is entitled to request certain basic information. This is especially useful if the consumer does not believe that they owe the debt. Debt validation is a consumer’s right under the Fair Debt Collection Practices Act (FDCPA) 15 USC Section 1692g to force the debt collector to prove that the consumer owes the debt.

Lenders are not Required to Report to the Three Credit Bureaus

Adam J Krohn / Posted: 2013-11-05 12:22 pm
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. Credit unions and small local or regional banks may only report to one or two, but generally not all three. There are also some lenders and others who do not report to any credit bureau.

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

Adam J Krohn / Posted: 2013-09-04 12:26 pm
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 the Seventh Circuit.

Mistake of Identity Results in Negative Information on Credit Report

Adam J Krohn / Posted: 2013-08-07 1:22 pm
Credit reports can impact aspects of a person’s life, either positively or negatively. The information can impact whether you can get a loan, how much you will need to pay in order to borrow money, and help protect you from identity theft. Errors on your credit reports that can have a negatively impact occur when a person has applied for credit under different names, a clerical errors was made in reading or entering names or address information from a hand written application, an inaccurate Social Securit

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