New TCPA Rules Protect Consumers From Robocalls — Analysis Of Statement Of Chairman Tom Wheeler
Well, the collection industry and telemarketing folks are having a complete come apart over the losses they suffered at the FCC when they didn’t get everything they asked for, thankfully.
The official order will be out soon and we’ll analyze it then but for now here is the statement by Chairman Tom Wheeler with our analysis in bold and italics.
FCC STRENGTHENS CONSUMER PROTECTIONS… (Read more)
FAQ on Calls to Cell Phones That Violate the TCPA
It is very common for calls from a creditor or debt collector to be auto dialed (computer dialed or robo dialed) or to contain a pre-recorded message (sometimes called “robocalls”).
When these types of calls are made to your cell phone, the debt collector often violates the Telephone Consumer Protection Act (TCPA) which is a powerful law in your favor.
“I’ve Heard About Express Consent Under The TCPA, What Does… (Read more)
Is A Debt Collector Harassing You Illegally?
Find Out What Your Rights Are So You Can Take Action Against Abusive Debt Collectors!
We realize that dealing with debt collectors can be intimidating. Not just because abusive collectors are intimidating but also because you may not fully understand your rights and what collectors can, and cannot, do in collecting a debt from you.
We have laid out some typical questions that we are asked by Alabama consumers who want to know… (Read more)
Illegal Calls To Cell Phones Under The TCPA and FDCPA
Can I Sue A Collector For Calling My Cell Phone?
For so many of us our cell phones are critically important.
We sometimes say as long as we have our keys, wallets, and cell phones – then anything we forget can be replaced. So we always have our cell phones with us.
Collectors know this – that’s why they call our cell phones.
Is it legal for collectors to call… (Read more)
We welcome referrals from lawyers inside or outside of Alabama
Many of our cases — and particularly our bigger cases — come from referring lawyers who refer their consumer cases to us. While most people who send us cases are lawyers we have worked with for many years, we wanted to share this information primarily for lawyers we have not worked with so you will understand the process. We want to make any referrals as easy as possible for you.… (Read more)
What is a removal of my case from state court to federal court?
This is where a state case is moved (“removed”) to federal court.
So the case literally started in state court and now is transferred to federal court. That’s basically what this means.
This is the right of a defendant who is sued in state court if one of two things has happened.
The first situation is when there’s a federal claim involved.
Let’s say you sue an… (Read more)
You have questions — make sure before hiring a lawyer that you get all of your questions answered
The primary reason you consider hiring a lawyer is because you have questions about the law or how the legal process works. Especially when you are considering being in court — it is natural that you would have questions.
So here are some suggestions as you go through the process of finding and hiring a consumer protection lawyer.
Make a written list… (Read more)
Can I sue my credit card company for violating the TCPA by blowing up my cell phone?
While they would love for the answer to be “NO” as they don’t like getting sued for blowing up your phone…. The correct answer is “Yes, you can.”
Absolutely.
This is one of the most common type of TCPA (Telephone Consumer Protection Act) lawsuits that we file in Alabama.
So much of whether you in particular can sue comes down to the question… (Read more)
Can debt collectors really violate the TCPA?
The TCPA, or Telephone Consumer Protection Act, keeps us protected (for the most part) from unwanted calls or texts.
Often consumers wonder if the law applies to debt collectors who claim that a debt is owed.
Absolutely.
When they robo-dial your cell, or text your cell without your permission, they’re violating the TCPA.
In other words, if they’re using a computer to blow up your phone, then they’re breaking the law unless you… (Read more)