Lincoln Personal Injury Lawyers

Proposed FDCPA Amendment Would Allow Messages By Collectors

By Attorney Jeff Lapin|2012-03-06T16:45:44+00:00March 6th, 2012|

Representative Barney Frank (D-Mass.) recently introduced H.R. 4101 (112th Congress, Second Session) entitled the “Fair Debt Collection Practices Clarification Act of 2012”, to the House Committee on Financial Services. The proposed Act would alter the Fair Debt Collection Practices Act (FDCPA) and permit debt collectors to leave voicemails and messages on answering machines, which is currently permitted only if the debt collectors provides certain information, which itself can cause a FDCPA violation. The proposed Act would require the Consumer Financial Protection Bureau (CFPB) to set forth regulations regarding these messages. In addition, H.R. 4101 would limit the ability of a debt collector’s use of arbitration to settle a dispute. […]

Bill Would Limit Liability in Escaped Cow- Vehicle Collisions

By Attorney Jeff Lapin|2012-02-27T12:34:08+00:00February 27th, 2012|

By: Jeffrey Lapin

Ogallala State Sen. Ken Schilz, in LB 1021, wants to require motorists who collide with livestock to have to prove specific acts of negligence on the part of the cow’s owner before they can recover for their injuries. This would be a significant change in Nebraska law. It also would make it virtually impossible for an injured motorist to win a case against a livestock owner. […]

CFPB Proposes Rule to Define “Larger Participants” It Will Monitor

By Attorney Jeff Lapin|2012-02-21T10:00:44+00:00February 21st, 2012|

By: Jeffrey Lapin

On February 16, 2012, the Consumer Financial Protection Bureau (CFPB) announced a proposed rule to identify the debt collectors and consumer reporting agencies will fall within its nonbank supervision program. Before it can began to monitor these entitieis, it has to define who is a “larger participant” within these areas. Currently, debt collectors and credit reporting agencies are not subject to direct federal supervision; the government only gets involved after a violation occurs. […]

DOT Proposes Guidelines For Automakers To Reduce Driver Distraction

By Attorney Jeff Lapin|2012-02-20T10:56:12+00:00February 20th, 2012|

By: Jeffrey Lapin

On February 16, 2012, U.S. Department of Transportation (DOT) Secretary Ray LaHood announced the first-ever federally proposed guidelines to encourage automobile manufacturers to limit the distraction risks posed by in-vehicle electronics. The guidelines, which would be voluntary, would apply to most non-commercial vehicles. The goal is to limit the number of injuries and deaths caused by a driver distracted by in-vehicle electronics. […]

FCC Issues New Rules For Telemarketing Robocalls

By Attorney Jeff Lapin|2012-02-16T13:48:03+00:00February 16th, 2012|

By: Jeffrey Lapin
FCC’S NEW RULES

On February 15, 2012, the Federal Communications Commission (“FCC”) announced new consumer protections against telemarketing robocalls. A “robocall”, also called an “autodialed call”, is a call which has a pre-recorded message made using an automatic telephone dialing system. The Telephone Consumer Protection Act (“TCPA”) already places limits on unsolicited prerecorded calls to landline home telephones, and all autodialed or prerecorded calls to wireless numbers. For more information about the TCPA, check out our website here . The FCC’s new rules further restrict robocalls and are intended to make it easier for a consumer to stop receiving them. […]

Lapin Law Offices Turns 3

By Attorney Jeff Lapin|2011-12-15T13:41:16+00:00December 15th, 2011|

By: Jeffrey Lapin

Lapin Law Offices is proud to announce that it celebrates its 3rd Anniversary today (December 15).

Lapin Law Offices’ focus, since the beginning, is to represent clients with caring, passion and dedication.

[…]

A Victory for Consumers: H.R. 3035 (The Mobile Informational Caller Act of 2011) Killed By Co-Sponsors

By Attorney Jeff Lapin|2011-12-15T12:20:34+00:00December 15th, 2011|

By: Jeffrey Lapin

In a victory for consumers the co-sponsors of H.R. 3035 (The Mobile Information Caller Act of 2011) withdrew the bill from further consideration. The bill would have made significant changes to the Telephone Consumer Protection Act (TCPA), the most significant of which would have permitted businesses, including debt collectors, to use automatic telephone dialing systems (auto-dialers; robodialers) to call a person’s cellular telephone regardless of whether the person had given “prior express consent” or even provided their cell phone number to these businesses. Opposition had been growing, both by the public and 48 state Attorneys General. […]

New Opposition To H.R. 3035 (The Mobile Informational Call Act of 2011)

By Attorney Jeff Lapin|2011-12-14T12:00:59+00:00December 14th, 2011|

New opposition has arisen against H.R. 3035, the Mobile Informational Call Act of 2011. Attorney Generals in 48 states signed a letter urging Congress to reject the bill. The proposed Act, among other things, would amend the Telephone Consumer Protection Act (TCPA) by changing the definition of “prior express consent” and permit debt collectors to use automatic telephone dialing systems (auto-dialers or robo-dialers) to call cellular phones. In previous posts, Proposed Act Would Permit Debt Collectors to Use Auto-Dialers to Call Cellular Telephones and An Update on H.R. 3035 (The Mobile Informational Call Act of 2011) and a Call to Action, H.R. 3035 was discussed, how it will likely effect consumers as well as its current legislative status. […]

Social Media and Debt Collection: The United States

By Attorney Jeff Lapin|2011-12-14T10:00:02+00:00December 14th, 2011|

By: Jeffrey Lapin

Parts 1 and 2 of this Social Media and Debt Collection Series discussed Facebook and Twitter and the recent United Kingdom’s ban against debt collectors using social networking sites. This final Part will discuss the current state of United States’ law, its applicability to social networks and offer some recommendations as to what can be done to protect debtors and still permit debt collectors to collect legitimate debts in a lawful manner. […]

Social Media and Debt Collection: Limited in the United Kingdom

By Attorney Jeff Lapin|2011-12-12T10:00:28+00:00December 12th, 2011|

By: Jeffrey Lapin

This is Part 2 in a 3-Part Series regarding the use of social networking sites by debt collectors. Part 1 of this Series discussed Facebook and Twitter, two of the most popular social networking sites and services. This Part will discuss the United Kingdom’s Office of Fair Trading recent prohibition against debt collectors using social media sites and services in a way that would or could harass a debtor. […]

Blog

Article Categories

Online Contact Form