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Collecting the Debts of the Deceased

Adam J Krohn / Posted: 2013-06-26 1:33 pm
The death of a loved one is a very difficult time for family members. So when debt collectors attempt to collect on a deceased person’s debt from family members, it can be very stressful and downright agitating. Family members typically do not have an obligation to pay the debts of the deceased from their own assets.

TCPA Damages Ruled to be Remedial in Illinois

Adam J Krohn / Posted: 2013-06-18 12:19 pm
The Telephone Consumer Protection Act (“TCPA”) prohibits several telemarketing practices (such as sending spam faxes). Under the TCPA there is a private right of action, along with the ability to seek $500 in damages for every violation (for every unsolicited fax) or the possibility of treble damages (when unsolicited faxes are sent willfully and knowingly). The Illinois Supreme Court has recently ruled that these statutory damages under the TCPA are not punitive but rather remedial in nature.

What Consumers Should Know About Your Credit Cards

Adam J Krohn / Posted: 2013-06-11 2:29 pm
Credit cards can be very useful if used correctly. However, if they are not, they can get you into a world of trouble. On average, an US household holds about $16,000 in credit card debt. Due to the economy, more and more debt collectors have been retained by these credit card companies to collect on the debts. This has lead to abuse and aggressive tactics which have, in turn, increased the amount of debt collection harassment complaints.

Do You Have Errors on Your Credit Report? How to Handle Them

Adam J Krohn / Posted: 2013-05-29 12:23 pm
A recent study that has been released by the Federal Trade Commission (“FTC”) has found that 26 percent of consumers have a material error on at least one of their three credit reports. Of the consumers in the study, 5 percent that had an error, once it was corrected they were placed in a different credit risk tier. This means that they could have been paying lower interest rates on automobile and home loans or credit cards.

Proper Venue for FDCPA Actions: Where the Required Location of Your Case Must Be

Adam J Krohn / Posted: 2013-05-21 2:30 pm
When filing a lawsuit it is important that it be filed in the proper court. This pertains to any type of action, where it be a personal injury case, criminal matter, or even probating a will. Actions under the Fair Debt Collection Practices Act (“FDCPA”) are not any different. Proper venue is clearly stated under 15 U.S.C. Section 1692i(a). This section states:

Consumer Attorneys Provide Simple but Effective Tips for Consumers on How to Deal with a Ruthless Debt Collector

Adam J Krohn / Posted: 2013-05-20 12:23 pm
Debt collectors are required to comply with the Fair Debt Collection Practices Act (“FDCPA”). However, intimidation, harassment, and threats are still used in attempts to collect on debts.

When Debt Collectors Call the Wrong Person

Adam J Krohn / Posted: 2013-05-09 12:30 pm
It is common for debt collectors to call the wrong person. This occurs often when you have the same name as a debtor or you have recently changed your phone number to a number that a debtor previously had. Sometimes the number’s previous owner did not give the debt collectors their new contact information. They may have even changed their phone number in order to avoid calls from debt collectors. However, you should not be harassed by debt collectors for a debt that is not yours.

Debt Collectors Attempting to Collect on Student Loans May Receive Lower Commissions

Adam J Krohn / Posted: 2013-05-07 4:59 pm
New contract provisions between private debt collection agency and the U.S. Department of Education may begin to limit the amount private debt collection agencies can receive in commissions once a loan has been “rehabilitated.”

Court of Appeals for the Fifth Circuit Upholds Statute of Limitations in Civil Damages Case Against Debt Collector

Adam J Krohn / Posted: 2013-05-07 4:46 pm
In order to protect consumers from unfair, deceptive, and harassing debt collection practices the Fair Debt Collection Practices Act (“FDCPA”) was enacted. Its purpose was to eliminate abusive debt collection practices that debt collectors engage in and protect consumers.

Debt Collection Harassment on Facebook

Adam J Krohn / Posted: 2013-05-01 1:16 pm
In this digital age, every aspect of life is now connected to our online world. Indeed, even many debt collection cases now spring from Social Media sites: and the most popular of these is Facebook. These social media sites provide an opportunity for debt collectors to obtain information about consumers whom the collectors would otherwise not be able to reach.

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