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Telephone Calls that are Manually Dialed May Still Violate the TCPA

Adam J Krohn / Posted: 2013-07-03 3:17 pm
The Telephone Consumer Protection Act (“TCPA”) already regulates the use of auto dialers, used to initiate faxes, prerecorded voice messages, and SMS text messages. However, a recent federal court ruling out of the Western District of Wisconsin has expanded the TCPA's reach. In the case Nelson v. Santander Consumer USA, this court found that the TCPA may apply to some calls that are not initiated by auto dialers.

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.

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.

The TCPA and Unwanted Text Messages

Adam J Krohn / Posted: 2013-05-15 11:26 am
The Telephone Consumer Protection Act ("TCPA") prohibits, under 47 U.S.C. Section 227(b)(1)(A), "any call" made by an automatic telephone dialing systems ("ATDS") to all cellular telephone services, unless it was made for (1) emergency purposes or (2) was made with prior express consent by the party called. This is applied to text messaging even though the TCPA was enacted prior to text messaging being a reality.

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.”

Is the Penalty for Unsolicited Faxes Insurable?

Adam J Krohn / Posted: 2013-04-09 12:00 am
The transmission of advertisements over telephone facsimile machines is regulated under the Telephone Consumer Protection Act (“TCPA”). More specifically 42 U.S.C. Section 227(b)(1)(C) bans the transmission of unsolicited advertisements.

Overview of the Fair Debt Collection Practices Act - FDCPA

Adam J Krohn / Posted: 2013-03-20 12:00 am
The Fair Debt Collection Practices Act (“FDCPA”) is a comprehensive federal set of federal laws meant to combat and prevent the abuse practices by debt collectors that they employ on debtors. The FDCPA helps to level the playing field and ensure fair debt collection methods are followed.

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