Month: July 2013

In the literally thousands of consumers that we have assisted here at SmithMarco, PC and our Protecting Consumer Rights website, we have seen what the most popular questions or concerns are about collections.  Here we answer them for all: When can a debt collector contact me? Under the Fair Debt Collection Practices Act (“FDCPA”) the federal […]

A new regulation passed by The Consumer Financial Protection Bureau (“CFPB”) will hold banks accountable for their conduct when collecting debts under the Fair Debt Collection Practices Act (FDCPA”).  Previously, only third party collection agencies and not original creditors, were forced to comply with the standard of conduct required under the Act.  Under this regulation, […]

I started the week discussing case law that did not have a favorable result for consumers so I figure it a good idea to following it up with a recent appellate decision that ends on a positive note.  In the case of Hooks v. Forman, Holt Eliades Ravin LLC, plaintiffs Karen Hooks and Geraldine Moore […]

Earlier this year, after launching an investigation into the Texas-based collection agency Goldman Schwartz, Inc., the Federal Trade Commission (“FTC”) makes the decision to file suit against the collector for violations of the Fair Debt Collection Practices Act (“FDCPA”).  The Texas U.S. District Court ordered the agency to close its doors after allegations of harassment, […]

While I always try to write to you about the success stories of consumers that stood up for their rights, I also have to give the bad news on occasion.  Thus, today’s blog is about a recent decision that came out badly for the consumer.   In Zememckis v. Global Credit & Collection Corp. on appeal, […]

Under the Fair Debt Collection Practices Act (“FDCPA”) a collector has a duty to provide a clear and meaningful disclosure of its identity and purpose of the communication, whether verbal or in written.  The collector must state its name and the company it works for, that the communication is an attempt to collect a debt […]

Can a debt collector leave a message on your answering machine or voice mail?  The answer really depends on a few factors.  The Fair Debt Collection Practices Act (“FDCPA”) limits the conduct of debt collectors and their collection efforts, how the collector can contact you and what is said when trying to collect the debt.   […]

With the new amendments to the Fair Credit Reporting Act (“FCRA”) regarding employment background checks, the number of cases filed continues to grow at a rapid pace.  The Equal Employment Opportunity Commission (“EEOC”), the agency in charge of spear heading these amendments, is requiring stringent compliance of employers when accessing consumer reports, increasing the number […]