Practice Areas

FCC Issues New Rules For Telemarketing Robocalls

By |February 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. […]

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

By |December 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 |December 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 |December 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 |December 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. […]

Social Media and Debt Collection: Facebook and Twitter

By |December 8th, 2011|

By: Jeffrey Lapin

This is Part 1 of a 3 Part Series about the use of social media, sites and services, and debt collection. This Part will discuss Facebook and Twitter, which are two of the most popular social media sites and services. Both provide limited protection to a debtor-user against a debt collector-user by, through their terms and conditions, prohibit harassment or threats. Part 2 will discuss a fairly recent change in the United Kingdom preventing debt collectors from posting debt information or contacting a debtor through a social networking site. Part 3 will discuss current U.S. law. […]

Drivers Take Care: Winter Weather Is Almost Here

By |December 2nd, 2011|

Winter weather (bitter cold temperatures, snow and ice) is almost here and drivers need to remember to take extra care. Every year it seems that there are more accidents during the first couple of snowstorms as drivers tend to forget how to drive on snow and ice. An earlier post, Drivers Prepare: Winter Weather Is Arriving Soon, discussed how you should know your vehicle functions and features, having your vehicle in good working condition and by preparing a safety kit. This post offers tips and suggestions for driving in winter weather, snow and ice.

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Drivers Prepare: Winter Weather Is Arriving Soon

By |November 30th, 2011|

As the temperatures drop we know the winter driving season is nearly upon us. Drivers need to start preparing now for driving on snow and ice. Driving on snow and ice is always challenging, but with a bit of preparation everyone can hopefully enjoy a safe winter season.

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An Update on H.R. 3035 (The Mobile Informational Call Act of 2011) and a Call to Action

By |November 18th, 2011|

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. […]

Website Update: Social Security Disability Definitions

By |November 12th, 2011|

By: Jeffrey Lapin

Lapin Law Offices has updated its website to include definitions of commonly used words and phrases in Social Security Administration Disability claims . These definitions can be viewed here: Social Security Disability Definitions

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