By: Jeffrey Lapin
Consumers beware: scammers are working overtime to separate you from your money and identity. Their techniques are becoming more sophisticated as many consumers have become more wary. Not only are scammers targeting your money they are also trying to steal your identity, which can be more profitable than just getting a single payment from you. These scams are taking place by telephone, online, email, text and regular mail. […]
By: Jeffrey Lapin
Lapin Law Offices urges consumers to protect themselves against phantom debt collectors. A phantom debt collector is a “debt collector” who attempts to collect on a debt that never existed or that you do not legally owe. They may also be known as “fake debt collectors” or “false debt collectors.. As we recently posted, the FTC filed a lawsuit against phantom debt collectors who allegedly collected over $5 million dollars from U.S. consumers. In that case, the alleged phantom debt collectors obtained information about people when they applied for online payday loans. The people who paid these phantom debt collectors did do based on threats of lawsuits, going to jail or the loss of their job. […]
By: Jeffrey Lapin
According to the Federal Trade Commission (FTC) many consumers throughout the country have reported getting telephone calls from phantom debt collectors trying to collect on fake or false debts. The FTC has started targeting these phantom debt collectors and have filed suit against a group that has allegedly collected over $5 million dollars. […]
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. […]
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. […]
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 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. […]
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. […]
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. […]
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. […]
