By: Jeffrey Lapin
On October 18, 2012, the Federal Trade Commission (FTC) announced that it will be launching a challenge, the FTC Robocall Challenge, with a $50,000 cash prize for the best technical solution. The Challenge is free and open to the public. The FTC is offering the Challenge as part of its ongoing campaign to stop illegal, prerecorded telemarketing calls.
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By: Jeffrey Lapin
Lapin Law Offices has updated its website (lapinlawoffices.com) to include definitions of some commonly used consumer protection and other financial words and phrases. It includes words and phrases involving the Fair Debt Collections Practices Act (FDCPA), the Telephone Consumer Protection Act (TCPA) and the Fair Credit Reporting Act (FCRA). […]
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
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. […]
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. […]
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. […]
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). […]
By: Jeffrey Lapin
Lapin Law Offices has expanded its practice areas to include representing clients whose rights have been violated under the Fair Debt Collection Practices Act (FDCPA), the Telephone Consumer Protection Act (TCPA) and the Fair Credit Reporting Act (FCRA) as well any applicable Nebraska state law. These cases are a natural extension of what we already do: represent injured people. Injuries do not necessarily have to be physical; people can suffer financial, emotional or psychological injuries or damages. […]
