Companies large and small will sometimes go to any length to collect unpaid debts from customers. Sometimes, their collection attempts rise to the level of harassment and may violate a number of laws designed to prevent illegal collection attempts. The Fair Debt Collection Practices Act(FDCPA) is one such protection.
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.
There is no denying that consumer complaints regarding harassment by debt collectors are on the rise. As in previous years, debt related complaints again topped the Federal Trade Commission (FTC) list in 2010. Nor is the harassment trivial.
The California FDCPA, also known as the Rosenthal Fair Debt Collection Practices Act (RFDCA), mirrors the protections of the FDCPA, but also adds significant additional protections.The RFDCPA protects debtors from California debt collector harassment.
Whether you are at home relaxing or out on the town, you expect your time to be enjoyable. When you are receiving unsolicited calls or texts, however, the reality may be different. These calls and texts can become more than bothersome, adding stress to your everyday life and affecting you in a noticeable way. When they are constant, you feel that there is very little you can do.
There has been an increasing amount of litigation brought under the Telephone Consumer Protection Act (TCPA). As a result, the Federal Communications Commission (FCC) is being called upon more often to address the complex questions that arise from applying this analog statute to the digital world.
WeStopDebtCollectors.com (WSDC) is part of the professional law firm of Krohn & Moss, Ltd. Consumer Law Center® (K&M;·CLC), founded in 1995 by attorneys Adam J. Krohn and Gregory H. Moss. We protect you against unfair and coercive debt collection methods.
The methods and means by which debt collectors attempt to retrieve unpaid money from debtors is almost limitless. The collection attempt may be from the original creditor, from hired collectors, or from third party collection agencies.
Student loan debt is a burden carried on the backs of many students these days. During college study and for six months after graduation, students and recent graduates do not have to worry about student loan debt repayment. Eventually, however, all student loan debtors will have to start making payments on their loans. The picture painted in the media that which portrays the average student loan debtor is often on of a young person in their twenties or early thirties; young, not yet having obtained a higher salary that comes with more experience.
Are debt collectors harassing you? Have debt collectors used abusive or deceptive tactics to force your or trick you to give information regarding your debt? The Fair Debt Collection Practices Act (FDCPA) protects you from debt collection harassment. There are some very important debt collection rules set forth by the FDCPA which you should be aware of because collecting debts through abusive and overly-aggressive means is prohibited by law.
The Telephone Consumer Protection Act (TCPA) and the Federal Communications Commissions (FCC) rules were created to address the telemarketing practices that threaten consumer privacy and public safety. This protection has been extended to unwanted emails, text messages, and faxes.
The Telephone Consumer Protection Act (TCPA) was enacted in order to address telemarketing practices that are perceived to threaten consumer privacy and public…
The Telephone Consumer Protection Act: Changes in Established Business Relationships and Prior Express Consent
Adam J Krohn's insight:
The Telephone Consumer Protection Act (TCPA) was enacted in order to address telemarketing practices that are perceived to threaten consumer privacy and public safety. In 2013 the Federal Communications Commission (FCC) changed the rules with regards to whether calls can be made if there is an established business relationship and prior express consent.
Established Business Relationship
Prior to October 2013 there was an “established business relationship” exemption for pre-recorded telemarketing calls made to residential landlines. That exemption has since been eliminated. Now advertisers must obtain the consumer’s written consent, regardless of whether there existed a previous business relationship.
Under the Telephone Consumer Protection Act (TCPA) companies are prohibited from sending automated text messages to mobile phones without receiving permission first. This can become an issue when a cellular phone number has been recycled. When this occurs, the original user of that phone number may have given their permission to be called or text messages to be sent, however the new user may not have.
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