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)
My partner Stan Herring is going to be doing a training for lawyers in Alabama and outside Alabama on the changes to the Telephone Consumer Protection Act (TCPA) which have occurred recently with new regulations that went into effect in October 2013. There are also changes by judges that are happening on an almost daily basis it seems.
You can sign up for this webinar here at the M. Lee Smith website.
Here are the highlights:
In 2012, the Federal… (Read more)
Robo Dialed Calls To Cell Phones: Cost of $500 or up to $1500 Per Call?
So how much money does a creditor or debt collector owe you if they have illegally called your cell phone with a computer dialer or a pre-recorded message in violation of the TCPA (Telephone Consumer Protection Act)? If they made one or more robo dialed calls?
$500.
or up to $1500.
Per call.
While we still run into defense lawyers who don’t know the law… (Read more)
TCPA: Follow Up Questions After the 5 Keys
So we went through some background information on the TCPA (Telephone Consumer Protection Act) as well as the five keys to protecting yourself with this law.
Now here are some questions we have been asked. We’ll add to this as we get more questions.
Are debt collectors covered under the TCPA?
A lot of times, debt collectors take the position of, “We’re not subject to that law.”
I know the kind of… (Read more)
TCPA: Fifth Key — Sue Under The TCPA For Money Damages
Our fifth key is to sue under the TCPA — you sue the company that has been blowing up your phone illegally.
This will get you money damages and it is a wonderful motivator to get the company (debt collector, credit card company, mortgage company, etc) from violating the law against you in the future.
(If you need part one about what calls are covered, part two about permission… (Read more)
TCPA: Fourth Key — Document The Calls To Your Cell Phone
We have covered three keys and now we are at the fourth key which is to protect yourself by documenting the calls.
You have to do this because you need to be prepared for the company breaking the law to lie to you about the number of calls.
(If you need part one about what calls are covered, part two about permission to call, or part three about revoking… (Read more)