Absolutely yes. But admittedly, the bar is pretty low for the creditor pre-litigation to satisfy their obligation. The Fair Debt Collection Practices Act (“FDCPA”) provides that a debt collector’s initial written communication to the consumer MUST effectively convey the following information: Amount of the debt; Name of the entity to…
While there are often legal disputes about what kind of phone system a caller is using, if you are receiving pre-recorded calls, they are usually always a violation of the Telephone Consumer Protection Act (“TCPA”). As 2018 nears an end, there is no sign that these cases are slowing down. …
Robocalling case law has been rapidly evolving over the past few months. The latest case out of Tampa’s Middle District, is the case of MELANIE GLASSER, individually & on behalf of all others similarly situated Plaintiff, v. HILTON GRAND VACATIONS COMPANY, LLC. Defendant., No. 8:16-CV-952-JDW-AAS, 2018 WL 4565751, at *5 (M.D.…
Many consumers aren’t aware that when they sign up for a service, or buy a product, that they are agreeing that in the event of a dispute that the parties will be referred to arbitration. These clauses often waive the consumer’s right to go to court, present their case before…
From time to time, our consumer law practice here in Tampa, Fl has had to shift gears to better use our state and federal laws that protect consumers faced with debt – and the inevitable robocalls and erroneous credit reports that come with that. The current state of robocalls is…
Most of our debt collection laws in Florida apply only for consumer debt, not business debt. Sometimes the answer is not quite clear as to what type of debt is involved. What if for instance you operate a business and took out a loan, but signed a personal guarantee. Sometimes,…
How much is too much? Unfortunately, the Fair Debt Collection Practices Act and its Florida counterpart do not specify a particular number of calls per day that a creditor can make when trying to collect a debt. An older Florida case is somewhat illustrative in finding the answer. In Story…
It’s simple. If you are wronged, you should be able to pick the forum to go after the lender, bank, student loan company, credit card company, car rental company, credit bureau, you name it — and that forum should include the local courthouse and not just arbitration. The CFPB recently…
There are limits as to when a student loan servicer can contact someone other than the borrower. They cannot call the borrower’s place of employment if the borrower asks them not to. They cannot robocall the borrower’s cell phone when the borrower asks them not to. They cannot discuss the…
Florida, Georgia and Alabama consumers need not worry about a recent case out of the Second Circuit, Reyes v. Lincoln Automotive Financial Services, (2nd Cir. June 22, 2017) that held today that if the contract allows for robocalls, you can never revoke consent to call under the Telephone Consumer Protection…