Understanding Your Rights

Everyone should be aware of their rights when it comes to debt collection. The Fair Debt Collection Practices Act (FDCPA) offers protection against abusive debt collection practices. This means debt collectors cannot harass, oppress, or abuse you or anyone else they contact. They also cannot lie about the debt or use unfair practices like threatening to seize your property unless they can legally do it.

It’s important to be informed about these rights because they provide a baseline for what is and isn’t allowed in the debt collection process. Knowledge is power; in this case, it can be the difference between being victimized and effectively managing your situation.

The Role of Fair Debt Collections Lawyers

When dealing with complex debt issues, it might be wise to seek professional help. Fair debt collection lawyers specialize in this area of law and can guide how to navigate the complexities of debt collection. They can help you understand y rights, correspond with debt collectors on your behalf and even defend you in court if necessary.

These lawyers can be particularly helpful in disputing debts you don’t owe or in cases where the debt collector does not adhere to legal standards. Their expertise can make a significant difference in protecting your interests and ensuring fair treatment.

Dealing with Aggressive Debt Collectors

Dealing with aggressive debt collectors can be stressful. It’s crucial to remain calm and not let their tactics intimidate you. Remember, you have rights, and there are specific rules that debt collectors must follow. If you feel overwhelmed, remember that you can always consult with a lawyer to help manage these interactions.

Documenting all communications with debt collectors is also vital. Keeping a record of calls, messages, and any correspondence can help you in case you need to file a complaint or take legal action against a collector who is violating your rights.

Verifying the Legitimacy of the Debt

Before responding to any debt collection attempts, ensure the debt is legitimate. You have the right to request a debt validation letter, which should detail the amount owed and the creditor’s information. If the debt collector cannot provide this information, they may not continue collection efforts until they do.

Sometimes, debts are mistakenly attributed, or the amount claimed is not accurate. In such cases, validating the debt can protect you from paying what you don’t owe or being unjustly harassed.

Negotiating with Debt Collectors

Negotiation is a powerful tool in debt collection. If you owe the debt but cannot pay the full amount, consider negotiating a payment plan or a settlement for a lower amount. Ensure any agreement is in writing and clearly outlines the terms of the payment or settlement.

Remember that negotiating with debt collectors can be tricky, and it’s often beneficial to have legal representation to ensure your rights are protected and the terms are fair.

Understanding the Impact on Credit Score

Your credit score can be significantly affected by debt collection activities. It’s important to regularly check your credit report for any inaccuracies or unauthorized entries. If a debt collector reports incorrect information, you can dispute it.

Taking steps to resolve debts through payment plans, settlements, or other means can help mitigate the impact on your credit score. It’s all about being proactive and informed.

Seeking Legal Advice

In certain situations, seeking legal advice can be the best action. A lawyer can offer a more comprehensive understanding of your rights and options. They can also provide representation in negotiations or legal proceedings, ensuring your interests are protected.

Consulting with a lawyer can also help you explore other options, such as debt consolidation or bankruptcy, depending on your situation. The guidance of a professional can be invaluable in navigating the complexities of debt collection.

Preventing Future Debt Collection Issues

Preventing future issues with debt collection is as important as handling current ones. This involves managing your finances responsibly, keeping track of all debts, and ensuring timely payments. If you’re facing financial difficulties, it’s better to communicate with creditors before the debt goes into collection.

Establishing a budget, seeking financial counseling, and understanding the terms of your debts can also be beneficial. These proactive steps can help you avoid falling into the debt trap and facing subsequent collection actions. Navigating the gray area of debt collection requires knowledge, calmness, and sometimes professional assistance. Understanding your rights and having a strategy for dealing with debt collectors can make a significant difference in resolving these issues. Remember, consulting fair debt collection lawyers can provide the necessary support and guidance to protect your rights and find a path toward financial stability.

The post Navigating the Gray Area of Debt Collection appeared first on Mobile Marketing Watch.

Knowledgeable sources tell us that the FCC has hired Steven Seagal, along with hundreds of highly-trained stealthy ninjas to carry out the swift and irrevocable execution sentences.

“Let’s face it, when a consumer gets a marketing text that they didn’t sign up for, they want to kill you. We’re just doing the job for them,” a government official who refuses to be named in light of the sensitive subject matter tells MMW.

MMW has learned that ninjas have already been deployed across the U.S. and stand ready to bring justice to countless unscrupulous mobile marketers who have spammed one too many smartphones.

“The TCPA ninjas, led by Mr. Seagal, are extremely well trained,” the government official tells us. “Collateral damage should be minimal.”

There’s no word on how many non-compliant mobile marketers have already been sent on their way to an eternal dirt nap, but for those who continue to violate the TCPA, justice is coming. And there’s no way to opt-out.

Steven Seagal was asked for comment, but he spoke so quietly we couldn’t make out a single word. However, he and his pony tail looked super serious.

The bottom line? Make sure your mobile marketing is compliant, or you’ll find yourself marked for death, and on deadly ground, and… [insert another Steven Seagal movie title here].

And from all of us here at Mobile Marketing Watch, happy April Fool’s Day!

The post Mobile Marketing Compliance Violations Now Punishable By Death Via Steven Seagal appeared first on Mobile Marketing Watch.

The following is a guest contributed post from Todd Bryant, the president and founder of Bryant Surety Bonds.

Recently, the telemarketing industry has been falling under tighter regulations. Just last year the FCC gave robocall-blocking technology the green light in an effort to protect consumers from unwanted phone calls.

This year, it’s the FTC that has proposed new regulatory rules in the forms of amendments to the Telemarketing Sales Rule (TSR). The majority of these amendments have been in effect since Feb. 12 2016, so it’s important for telemarketers to know them in detail. Failure to comply with them can trigger a claim against their telemarketing bond, as well as other punitive action. So what should telemarketers be careful about?

#1 Making or Accepting Remote Payment Orders

Effective June 13, telemarketers will not be allowed to receive remote payment orders, whether inbound or outbound. This is an attempt at cutting a fraudulent practice where a telemarketer can debit funds from a client’s bank account for a sum larger than the payor agreed upon. Experience shows that payments like this are then harder to reverse by the bank, leaving numerous consumers disgruntled.

Of course, many telemarketers use remote payment orders just out for convenience, but this would no longer be possible. Even if a payor agrees that you generate a payment order with their payment details and then deposit it on their behalf, you still shouldn’t do it.

#2 Requesting Cash-to-Cash Transfers

Another frequently spread practice that is getting banned by the FTC is cash-to-cash money transfers, using services such as MoneyGram or Western Union. A cash-to-cash service is one way fraudulent telemarketers can request money from one location, pick it up at another and leave with the money without offering any real service.

Another similar method being banned is that of “cash reload”, where funds are added to a prepaid card. Major cash reload providers are already using a safer alternative, called the swipe reload process. Both measures are also coming into effect June 13.

#3 Oral Authorization of Charges

Amendments to the rule will require a tape recording with the buyer’s express verifiable authorization to be charged for a particular telemarketing transaction. This recording should clearly state and describe the goods, services or charitable contribution the payor is agreeing to. While a recording of the oral authorization of charges is not something new, the description of the purchase must now always be in it.

#4 Collecting Advance Fees on Non-Telemarketing Transactions

A ban is introduced on collection advance fees for loss recovery services on telemarketing transactions, but now the language of the TSR has been amended to include non-telemarketing ones as well. The purpose of this is mostly to include online scams under the ban.

#5 Calling People from the DNC Registry

There are a few exceptions introduced to when a telemarketer can call a person who is in the Do Not Call (DNC) registry. One of them is if you can prove you have an existing business relationship with the person you are calling. The second one is if you obtain an express written consent. Keep in mind: telemarketers are prohibited from calling a person at their workplace in an effort to circumvent the DNC. It’s also illegal to split the cost of accessing the DNC registry with another seller.

#6 Interfering With People’s Right to Be on the Entity-Specific Do Not Call List

There has been numerous attempts to prevent telemarketers from persuading people in any way to opt out of the DNC registry. The TSR amendment explicitly states a few examples to make the rule more clear:

• harassing consumers who make such a request,
• hanging up on them
• failing to honor the request
• requiring the consumer to listen to a sales pitch before accepting the request
• assessing a charge or fee for honoring the request
• requiring the consumer to call a different number to submit the request
• requiring the consumer to identify the seller or charitable organization making the call or on whose behalf the call is made.

As you can see, the amendments to the TSR introduce some important changes to the telemarketing industry. Make sure you read the full text of the rule, so you can stay out of surety bond claims and other legal issues.

What do you think of the amended rules? How are you going to protect your business, so you are not in violation of them? Share your thoughts in the comments below.

The post New FTC Rules: How Are Telemarketers Affected? appeared first on Mobile Marketing Watch.

We’re talking about patent trolling, of course.

In fact, Gary Shapiro, the president and CEO of CTA (formerly Consumer Electronics Association), spoke at the recent Senate Committee on Small Business and Entrepreneurship hearing addressing the topic “An Examination of Changes to the U.S. Patent System & Impacts on America’s Small Businesses.”

“Patent trolls engage in legalized extortion, costing small businesses jobs and sometimes even forcing entrepreneurs into bankruptcy,” Shapiro told the panel. “Eighty percent of patent troll victims are small and medium-sized businesses, including some of CTA’s small business entrepreneurs. Unfortunately, most small businesses have no choice but to pay trolls’ extortion demands because they can’t afford to pay for a lengthy court fight to prove their innocence.”

Patent trolling is when a person or company seeks to enforce patent rights against accused infringers that go far beyond a patent’s actual value or which have created no actual marketplace contribution.

“Congress needs to stop abusive patent trolling that not only hurts entrepreneurs, but undermines the economy – draining an estimated $80 billion from the U.S. economy each year,” insisted Shapiro. “That’s $1.5 billion every week that entrepreneurs could be investing in R&D or hiring more employees. We urge the Senate to pass the Patent Act to protect small business owners across the country from patent extortion.”

Other small business owners also spoke out, according to a news release.

“Technology startups are a crucial part of the nation’s economy, but the need for patent reform affects so much more than just my industry,” said Austin Meyer, the founder of Laminar Research and creator of X-Plane. “Businesses of all sizes – from Main Street retailers and hotels to grocers, convenience stores and cafes – have been the victims of unnecessary lawsuits and overly broad claims by patent trolls. Congress must stand with American businesses that create goods and services, rather than with those that destroy them, and support comprehensive patent reform.”

The post An End to Patent Trolls? Consumer Technology Association Says Congress Should Change Law to Protect Small Biz appeared first on Mobile Marketing Watch.

In one of the cases, the debt collection agency Select Resources Group was sending debt collection-related communications. These were apparently robocalls. However in this particular case the plaintiff’s cellular phone provider was billing the plaintiff for these ‘robocall-style communications’.

Coca-Cola was using text messages when they were hit with a class action law suit. The suit mentions that even though some plaintiffs replied STOP to the text messages they continued to receive unwanted texts. Here is the specific language from the law suit:   “The SMS messages included material to promote the sale of Coke products, such as an advertisement for Coke Zero, which plaintiff Robbins received. Robbins replied using the word “STOP”, but continued receiving text messages.”

That is a BIG no-no! Once a STOP message is sent to any short code then the owner of the code must a) immediately remove that cell number from receiving any further texts and b) are allowed to send one final message in response to the STOP request informing the end user that they have in fact been removed from future messaging.

I’m not quite sure who else uses fax messaging anymore but apparently Burger King does and they got into some hot water for doing so; I guess they cannot ‘have it their way’ after all…

Be they texts, faxes or automated phone calls there are but a few simple things to remember about messaging to your audience:

1. Make sure you have their written consent to do so.
2. If they ask you to stop messaging them then make it a high priority to honor that request.
3. Be aware that your marketing messages can potentially result in charges to your end users.

The post Taking a Look Back at Some Past TCPA-Related Lawsuits appeared first on Mobile Marketing Watch.

What to do? A Mobile Marketing Association webinar will provide both answers and insight. The webinar — “FCC Proposes New TCPA Laws – What Every Retailer Needs to Know About The Telephone Consumer Protection Act” — is set for Wednesday, August 5 from 1 to 2 p.m. (CDT).

It’s especially timely.

“On June 18 the FCC issued new requirements for those engaged in text and telemarketing,” reports the Mobile Marketing Association (MMA), sponsor of the free webinar. “What do these new rulings mean to your company? Is your company at risk when making automated outbound calls or sending texts? Is your company taking the right steps to mitigate TCPA risks?”

The MMA is working with partner Neustar, a good source of authoritative information. Federal Trade Commission veteran and Neustar Chief Privacy Officer Becky Burr will be one of the presenters. She’ll be joined by Neustar’s Adam Russell, who will discuss how authoritative consumer intelligence is helping to mitigate risk while also driving operational efficiencies.

Webinar topics include: what retailers need to know about the FCC’s new regulations under TCPA; best practices for mitigating TCPA compliance risk; why verifying consumer data is critical to both risk mitigation and operational efforts; and how the constant change in consumer data requires the most extensive, up-to-date, and accurate data.

To register or to learn more, click here.

The post What Every Retailer Needs to Know About the TCPA, Reducing Litigation Risk appeared first on Mobile Marketing Watch.

“Retailers face considerable challenges in complying with the Telephone Consumer Protection Act (TCPA),” reads the webinar overview. “Over the last few years, the cost of non-compliance has risen dramatically due to the rapid increase in the amount of litigation around TCPA and the very large settlements associated with class action litigation.”

If you’re not familiar, just last week the FCC issued new requirements for those engaged in text and telemarketing.

What do these new rulings mean to your company? Is your company at risk when making automated outbound calls or sending texts? Is your company taking the right steps to mitigate TCPA risks?

These are the questions posed. The answers will come during the July 14th webinar presented by the MMA and Neustar.

FTC veteran and Neustar’s Chief Privacy Officer, Becky Burr, will address the current regulatory landscape. Also, Neustar’s Vice President Dorean Kass will discuss “how authoritative consumer intelligence is helping to mitigate risk while also driving operational efficiencies.”

To learn more or to register to attend, click here.

The post MMA Webinar to Focus on FCC Proposal of New TCPA Laws appeared first on Mobile Marketing Watch.

BlackBerry, of course, has been battling the team at Typo and tangling in court over Typo’s purported infringement on BlackBerry’s familiar keyboard design.

But this week, the battle came to an end. And BlackBerry won.

As part of the settlement, it has been agreed that Typo keyboards will be permanently discontinued from being sold anywhere in the world (this pertains to keyboards for smartphones and mobile devices with a screen size of less than 7.9 inches).

Typo and its partners, however, may continue to sell keyboards for devices with a screen size of 7.9 inches or larger.

Other terms of the settlement, BlackBerry says, are confidential.

The post BlackBerry and Typo Reach Settlement on Controversial iPhone Keyboard appeared first on Mobile Marketing Watch.

It’s a lucrative venue. A recent study by Digital Citizens Alliance (DCA) and MediaLink discovered that they took in $209 million in revenue in 2014 from ads adjacent to stolen digital content.

The study, “Good Money Still Going Bad,” notes that this is less than the $227 million from the 2013 study, but DCA attributed that to the fact that about four in 10 of those sites have been shut down or “shrunk” in the last year. Because of that, revenues for the two years is actually comparable.

“What this report shows is that content theft sites can make something while creating nothing while posing real dangers to Internet users who are subjected to malware and other viruses,” said Tom Galvin, DCA executive director. “Despite the intensified efforts of law enforcement and private industry, the content thieves had another banner year, and that’s bad news for both content creators and consumers who got their computers infected.”

Unfortunately for consumers, nearly a third of the sites have links with “the potential to infect users’ computers with viruses and other malware,” according to the study.

And jeopardy for name brands is rampant. Name brand ads running alongside pirated material increased from 89 in 2013 to 131 in 2014.

“The study was based on 589 sites with 25 or more Digital Millennium Copyright Act takedown requests in Q3 2014, not including porn sites, “hate” sites, sites with mostly user-generated content or sites where the content was not primarily TV and movies,” noted MultiChannel.com.

The post Yo, Matey! Pirate Content Theft Sites Still Raking in the Booty appeared first on Mobile Marketing Watch.

The answers to those questions may prove critical when Minnesota jurists consider a lawsuit in Minnesota lobbed at the AMC theater chain.

Andria Addison has alleged in a complaint just filed that AMC violated a federal text spam law. Addison is seeking class action status on the case.

“As part of their effort to promote business, defendants engaged in an especially aggressive and deleterious form of marketing: the transmission of unauthorized advertisements, in the form of ‘text message’ calls to the cellular telephones of consumers throughout the nation,” states the complaint, as reported by MediaPost.

Addison was upset when the chain sent her an unsolicited coupon via text in late April. The phone message may have been sent to all consumers enrolled in AMC’s “stubs” program. Addison admits she enrolled in “stubs” in 2012, but says she allowed her membership to lapse within a year.

“Her lawsuit alleges that transmitting the message violated the Telephone Consumer Protection Act, which prohibits companies from using automated dialers to send text ads to consumers without their written permission,” notes MediaPost. “Addison also accuses the Leawood, Kansas-based theater chain of violating the anti-spam law with a mobile marketing campaign that involved offering consumers incentives — like a $1 soda coupon — in exchange for their cell phone numbers.”

SMS efforts have been under fire in recent years. Most firms say they do not rely on automated dialers, but work from generated lists of consumers who have agreed to receive notifications of various sorts.

The post Not All Popcorn and Skittles in Theater Biz: AMC Chain Accused of Text Spam Violations appeared first on Mobile Marketing Watch.