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)
“What is loss mitigation?”
Loss mitigation means to avoid a foreclosure. Within loss mitigation we have:
Loan modification
Short sale
Deed in lieu of foreclosure
Forbearance
Principal reduction
etc.
What to do if you are struggling with making your payments
If you are falling behind on your mortgage, it makes a lot of sense to ask your mortgage company to give you loss mitigation. Normally you will fill out a package — a loss mitigation package — and then the… (Read more)
“Why Is the TCPA Called a Bounty Hunter Statute?”
The TCPA (Telephone Consumer Protection Act) governs computer or robo dialed calls and text messages to your cell phone.
One common complaint by the companies who violate the law and get sued is that the law is unfair — it is a “bounty hunter” statute that awards people money even when they weren’t “harmed” by the illegal calls.
This is because the law says for each violation you can get $500… (Read more)
“How do I stop Asset Acceptance from computer calling me on my cell phone after I beat them at trial?”
We had a question from a website visitor about Asset Acceptance, a debt buyer (debt collector), who sued the consumer and lost. But it is still calling the consumer’s cell phone, spouse’s cell phone, and even the consumer’s child’s cell phone.
To show it has no concern for the rights of the consumer, Asset Acceptance is credit reporting the account… (Read more)
Why Are Collectors/Creditors Still Harassing Me After The Debts Were Discharged in Bankruptcy?
You made the decision to file bankruptcy and then he received your discharge order which means you are no longer liable for the debts that were discharged in bankruptcy.
This is your moment to get a fresh start.
But….
Creditors and collection agencies are still harassing you about the discharge debts.
Two questions come to mind.
First, why am I still being harassed over these debts when… (Read more)
The dirty secret of hiring a great lawyer
The dirty secret is it is very difficult knowing for certain that you have found a good lawyer to represent you in whatever legal matter you have.
(At the end of this lengthy article I talk about how my family made the decision on hiring a lawyer as this might be helpful to you).
I know this sounds like a crazy thing to say, since I’m a lawyer who clients hire to… (Read more)