In California, you cannot record a conversation without the consent of all parties. Also, debt collectors and companies often maintain shoddy or self-serving records that do not accurately reflect what was said or done to the consumer. So, how do you document collector harassment or other conduct by a company when the company refuses to [...]
18
Nov
“Anti-Piracy” Debt Collection?
A recent article by CNET profiles the Copyright Enforcement Group (CEG), a “media rights enforcement” company that apparently will be using debt collectors to collect on alleged copyright infringement claims, even before the courts have rendered a judgment against accused copyright violators. Feel free to contact us if you have had any dealings with CEG [...]
15
Aug
New Debt Collection Scam
We have been informed of a new scam in which consumers are receiving telephone calls from fake debt collectors who are impersonating law enforcement officers in an effort to extort money related to an alleged internet payday loan. Please click here to read an alert from the Kansas Attorney General regarding this scam. We have [...]
03
Jun
Caller ID “Spoofing” To Become Illegal
Well, it’s about time… In April 2010, the House passed the “Truth in Caller ID Act of 2010” (pdf). The bill, which passed the Senate last February, makes it illegal “to cause any caller ID service to transmit misleading or inaccurate caller ID information, with the intent to defraud or deceive.” Congress has been tooling [...]
22
Apr
Mistake of Law – No Defense to An FDCPA Claim
We previously reported on Jerman v. Carlisle, a case that presented the issue of whether a debt collector can avoid liability for mistakes of law under the “bona fide error” defense of the federal FDCPA, which can shield debt collectors from liability for unintentional violations in certain instances. On April 21, 2010, the Court held [...]
19
Mar
Supreme Court Hears FDCPA Case
The Supreme Court recently heard oral argument in Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, et al. The Court will decide whether a debt collector can avoid liability for mistakes of law under the “bona fide error” defense, which can shield debt collectors from liability for unintentional violations in certain instances. Here’s the facts [...]
17
Mar
State vs. Federal FDCPA
Many people in California do not realize that there are two Fair Debt Collection Practices Acts. First, there is the federal Fair Debt Collection Practices Act, which applies nationwide. Second, there is California’s Rosenthal Fair Debt Collection Practices Act, which is California’s version of the federal law. There are key differences between the federal Act [...]
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