Items in the news
CFPB Proposes Rule to Define “Larger Participants” It Will Monitor
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: 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: 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. […]
A Victory for Consumers: H.R. 3035 (The Mobile Informational Caller Act of 2011) Killed By Co-Sponsors
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)
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. […]
An Update on H.R. 3035 (The Mobile Informational Call Act of 2011) and a Call to Action
H.R. 3035 – The Mobile Informational Call Act of 2011
In a previous post, Proposed Act Would Permit Debt Collectors to Use Auto-Dialers to Call Cellular Telephones, H.R. 3035, the Mobile Informational Call Act of 2011, was discussed and how, if passed, would likely harm consumers. The 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 contact a person on their cellular telephone. The Act was introduced by Representatives Lee Terry (R-NE) and Edolphus Towns (D-NY). It also had nine co-sponsors. […]
Drivers: Beware of Deer
Drivers need to be extra cautious when driving in certain areas as the majority of collisions between motor vehicles and deer occur in October and November especially in Nebraska. There are a few reasons for this. First, these are the months that prime harvesting months and crop and cover patters change quickly. In addition, there is less daylight as the days get shorter and it is harder to see the deer. Moreover, deer breeding typically begins in October, which can cause deer to be distracted. Deer activity increases and movement peaks each day near dawn and just after dusk. […]
Study: Women More Likely To Be Severely Injured In Vehicle Crashes
According to a October article published in the American Journal of Public Health, Vulnerability of Female Drivers Involved in Motor Vehicle Crashes: An Analysis of US Population at Risk, even when both use seat-belts, women are much more likely to sustain a severe injury in vehicles crashes than men. The study reviewed “national crash data […]
The Consumer Financial Protection Bureau (CFPB) – Will It Be Better for Consumers or Debt Collectors?
Consumers will hopefully receive more protection from the new Consumer Financial Protection Bureau (CFPB), which was created as a part of the Dodd–Frank Wall Street Reform and Consumer Protection Act (http://www.govtrack.us/congress/bill.xpd?bill=h111-4173) has recently opened its doors. The new Consumer Financial Protection Bureau (CFPB) is assuming responsibility for rules and regulating the business of debt collection that the Federal Trade Commission (FTC) had been primarily handling. […]
Proposed Act Would Permit Debt Collectors to Use Auto-Dialers to Call Cellular Telephones
Representatives Lee Terry (R-NE) and Edolphus Towns (D-NY), recently introduced the Mobile Informational Call Act of 2011 (H.R. 3035, 112nd Cong., 1st Sess. (2011)), in the House of Representatives that contains sweeping changes to the Telephone Consumer Protection Act (TCPA), the most significant of which would permit debt collectors to use automatic telephone dialing systems (auto-dialers) to call a person’s cellular telephone. This proposed Act, which would amend certain provisions of the TCPA, can be viewed on the U.S. Government Printing Office’s website (Mobile Informational Call Act of 2011). […]