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Blog Posts in August, 2016

FCC Makes Declaratory Ruling Changing TCPA Law

On July 10, 2015, The Federal Communication Commission (FCC) issued a long-awaited ruling regarding the Telephone Consumer Protection Act (TCPA). The ruling has many implications for all types of ...
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What Is A Concrete Injury In Terms Of Debt Collection Lawsuits?

After the U.S. Supreme Court decision in Spokeo, Inc. v. Robins, consumers have been required to show proof of a “concrete and particularized injury” before bringing a claim under various ...
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How To Get Creditors To Stop Calling You

You don’t have to put up with constant harassment from creditors and debt collectors. If a bill collector is bothering you with phone calls, text messages, or other communications, you have the ...
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New Life for UDAAP Claims

The Consumer Financial Protection Bureau(“CFPB”) is a federal watch dog group responsible for policing financial institutions and protecting consumers from scams and certain abusive ...
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11th Circuit Finds "Cash For Keys" Offer Is Not An FDCPA Violation

The 11th Circuit Court of Appeals, which hears cases from Florida, Georgia, and Alabama, recently issued a decision regarding the FDCPA requirements for lenders who want to offer homeowners a ...
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Trump Campaign Hit With Multiple TCPA Lawsuits Due To Unauthorized Text Messages

Donald Trump’s presidential campaign has become the subject of a class action lawsuit based on based on violations of the Telephone Consumer Protection Act (TCPA). The TCPA was passed in 1991 as ...
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Understanding The Fair Credit Reporting Act

The Fair Credit Reporting Act (FCRA) is a federal law that governs how consumer reporting agencies are allowed to manage consumer information. The law helps create accurate and fair credit reports ...
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What Are The Differences Between The FDCPA And The FCCPA?

If you have problems with old debts or debt collector harassment, you will likely hear a lot of acronyms. Two of the most important for consumers are the Fair Debt Collection Practices Act (FDCPA) and ...
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Reverse Mortgages Part 2

I’ve spoken about reverse mortgages in the past, but today I want to discuss another issue that has been affecting our clients. In a typical reverse mortgage, one of the requirements on the ...
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JP Morgan Chase Agrees To Settle TCPA Claims After Robocalling Reassigned Phone Numbers

JP Morgan Chase Bank has agreed to pay $3.75 million to settle claims that the banking giant had violated the Telephone Consumer Protection Act (TCPA). The case was filed in the Middle District of ...
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If Debt Collectors Have Been Calling You They May OWE YOU MONEY!

One of the nation’s largest debt collectors, Portfolio Recovery Associates has recently settled a class action lawsuit regarding the Telephonic Communication Practices Act or “TCPA”. ...
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Political Groups Sue U.S. Attorney General For Right To Autodial Voters

Does a political organization have a First Amendment right to auto-dial your cell phone? Political groups across the country have filed a lawsuit against the U.S. Attorney General hoping to change the ...
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The Best Strategies For Improving Your Credit Score

If you have had problems with debt or if you don’t have much credit, chances are good that you are looking to improve your credit score. Improving your score is a slow process, but it is worth ...
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Reverse Mortgages Part 1

Inevitably, you’ve seen the commercials on TV – an elderly, approachable spokesperson, often times a celebrity, pitching the merits of a reverse or senior reverse mortgage. Tap into the ...
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CFPB Proposes Rule Requiring Payday Lenders To Assess Borrowers' Creditworthiness

The Consumer Financial Protection Bureau (CFPB), a government agency created after the 2008 financial crisis to protect consumers, recently proposed a new rule that would help protect consumers from ...
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What To Do If Your Wages Are Garnished

Having your wages garnished can be a traumatic experience. Many people can’t afford to lose even a fraction of the money they earn, and learning that your paycheck will be short or your bank ...
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First Post-Spokeo Decisions Leads To Dismissal Of TCPA Cases

In May, the U.S. Supreme Court changed the way plaintiffs around the country were allowed to pursue companies that violate certain consumer protection statutes. In the case of Spokeo v. Robins, the ...
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What Will Your Credit Report Look Like After Bankruptcy?

People file bankruptcy for many reasons. Some have debts that spiraled out of control. Others may have had one large debt, like a mortgage or a hospital bill, that they may not have been able to pay. ...
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Presumption of Standing

We’ve talked about this before – the banks must prove that they are the proper party to be suing a borrower in a foreclosure action. Generally speaking, this is called ...
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Can Debt Collection Actions Continue After Bankruptcy?

Most people understand that bankruptcy clears out the majority of a person’s debts. With limited exceptions, debts that are discharged in bankruptcy can never be collected again. But what if ...
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How to Avoid Credit Counseling Scams

The average household has over $15,000 in credit card debt. It’s no surprise than that many people have debt that has become unmanageable, and desperately seek help through credit counseling ...
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11th Circuit Finds Debt Collection Letter Sent to Consumer's Attorney is a Communication Under the FDCPA

Debt collectors are required to follow certain rules created by the Fair Debt Collection Practices Act (FDCPA) when communicating with debtors. The person who owes money must be advised of his or her ...
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U.S. Supreme Court Decides Consumers Need "Concrete" Injuries To Support a TCPA Lawsuit

In May, the U.S. Supreme Court made a decision which will decrease the number of claims consumers can make under the Fair Credit Reporting Act (FDCPA), the Telephone Consumer Protection Act (TCPA), ...
Continue reading "U.S. Supreme Court Decides Consumers Need "Concrete" Injuries To Support a TCPA Lawsuit" »
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