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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.

Are Creditors Calling you at Work?: If you Tell the Creditor not to They are Violating the Law

Adam J Krohn / Posted: 2014-02-26 11:42 am
Federal law has ways of protecting consumers from dealing with telephone calls at work from creditors and debt collectors. This right to not receive debt collection calls at work can be exercised in two different ways, depending on who is calling the consumer.

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.

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.

How the TCPA Applies to Unwanted Emails and Text Messages

Adam J Krohn / Posted: 2014-01-30 11:52 am
Unwanted text messages and emails can be very annoying. These unwanted texts to mobile phones and other mobile devices can be intrusive and costly to the recipient. The Telephone Consumer Protection Act (TCPA) addresses problem of text message spam.

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