Are you receiving automated telemarketing calls from a company called Yodle? These calls, with an automated voice greeting are almost certainly autodialed and subject to the restrictions of the TCPA (Telephone Consumer Privacy Act.) The TCPA allows you to go claim $500 to $1500 in damages for all auto-dialed calls to your cellphone (or residential landline if you are on the "do not call" list) if the calls were made without your express permission. I received two calls from this company; however the calls I received were to my Google Voice number which might not be covered by the TCPA. If you receive calls from this company, please call a consumer lawyer in your area. You can find one at www. consumeradvocates.org.
Showing posts with label robocalls. Show all posts
Showing posts with label robocalls. Show all posts
Thursday, June 15, 2017
Monday, January 2, 2017
Have you been getting Telemarketing Calls from (317) 548-4319?
I have received a complaint about spam telemarketing calls from 317-548-4319. The automated voice associated with these calls asks the callee if he/she is interested in a home security system and offers to transfer them to a live operator. You should be aware that unless you gave specific permission for this company to call your cell phone, or if this company calls your landline after you have added your number to the "do not call" list, thate caller could be violating the Telephone Consumer Privacey Act, and you can sue the caller fro $500 to $1500 per call. Please contac tmy office at hoferlawindy.com for more information.
Friday, December 16, 2016
Are you getting calls from Pioneer Credit Recovery?
Pioneer Credit Recovery, Inc. is a subsidiary of Navient, the student loan giant. If you are getting auto-dialed calls to your cellphone, you should contact a NACA consumer lawyer in your area. Here's a link to the NACA "find an attorney"page.
Tuesday, August 25, 2015
Bad Company of the Day: Navient Corp. - CFPB may take action
The Consumer Financial Protection Bureau (CFPB) announced that it may sue Navient, Inc., the parent company of Sallie Mae, the student-loan giant, for cheating student loan borrowers. Among the practices being investigated are practices designed to maximize late fees.
If you have a loan being administered by Navient, and you have had a problem with late fees, I suggest that you send a few payments by certified mail, and check the date the payment was credited against the date your certified mail receipt shows the company received the payment. If there is a discrepancy, file a complaint with the CFPB and/or contact a consumer lawyer. If you contact me, I will find one in your area.
COMMON DEFENSES TO STUDENT LOAN LAWSUITS
If you are sued by Navient, Sallie Mae, or a collector for either, contact a NACA consumer lawyer through www.naca.net. Most student loan borrowers think that because student loans are usually not dischargeable in bankruptcy, there is nothing they can do if they are sued. Often that is not the case, especially in the case of private student loans. The collection agencies who collect student loans often have problems proving the assignment. Sometimes they add extra fees (especially attorney fees) that aren't owed. Sometimes they violate the statute of limitations. (We settled a case against a student loan collector based on a student loan suit filed past the statute of limitations.) Sometimes underlying problems with the schools and their promises create defenses to the student loans. The crumbier the school, the more likely you have a defense. Sometimes the lender sues people in the wrong jurisdiction, especially cosigners, and that can lead to a Fair Debt Collection Practices Act claim against the cosigner. Sometimes the collector engages in unauthorized robocalls to the borrower's cell-phone.
If you have a loan being administered by Navient, and you have had a problem with late fees, I suggest that you send a few payments by certified mail, and check the date the payment was credited against the date your certified mail receipt shows the company received the payment. If there is a discrepancy, file a complaint with the CFPB and/or contact a consumer lawyer. If you contact me, I will find one in your area.
COMMON DEFENSES TO STUDENT LOAN LAWSUITS
If you are sued by Navient, Sallie Mae, or a collector for either, contact a NACA consumer lawyer through www.naca.net. Most student loan borrowers think that because student loans are usually not dischargeable in bankruptcy, there is nothing they can do if they are sued. Often that is not the case, especially in the case of private student loans. The collection agencies who collect student loans often have problems proving the assignment. Sometimes they add extra fees (especially attorney fees) that aren't owed. Sometimes they violate the statute of limitations. (We settled a case against a student loan collector based on a student loan suit filed past the statute of limitations.) Sometimes underlying problems with the schools and their promises create defenses to the student loans. The crumbier the school, the more likely you have a defense. Sometimes the lender sues people in the wrong jurisdiction, especially cosigners, and that can lead to a Fair Debt Collection Practices Act claim against the cosigner. Sometimes the collector engages in unauthorized robocalls to the borrower's cell-phone.
Friday, June 19, 2015
Bankers Lobby Defeated in Fight Over Robo-Calling Rules
The Federal Communications Commission issued new rules concerning robo-calling under the Telephone Consumer Privacy Act, or TCPA. Among other things the TCPA provides remedies for consumers when they receive auto-dialed telemarketing or collection calls to their cellphone when the consumer has not given the caller permission.
Under the TCPA, consumers have the right to sue for $500 per unauthorized robocall to their cell phone with that number tripled in cases of intentional violations. The Consumer Law Office of Steve Hofer is working on Two TCPA cases at present.
The banks had lobbied for complete exemption of liability to wrong number telephone numbers. The FCC made a slight concession and now exempts one call to a wrong number phone. This is the right decision. Nobody really files suit for one call anyway. The TCPA does not have a clause providing for attorney fees separate from the consumer's per call damages. That means that attorney fees for the violations have to come out of the consumer's damages. Unless the consumer has been called numerous times, there is no economic incentive to file suit. If a bank or other commercial caller calls your phone one time by mistake, there's not enough harm to justify a law suit. But if a bank calls your phone "by mistake" numerous times it is harmful enough to justify damages just to encourage the caller to be more careful.
Under the TCPA, consumers have the right to sue for $500 per unauthorized robocall to their cell phone with that number tripled in cases of intentional violations. The Consumer Law Office of Steve Hofer is working on Two TCPA cases at present.
The banks had lobbied for complete exemption of liability to wrong number telephone numbers. The FCC made a slight concession and now exempts one call to a wrong number phone. This is the right decision. Nobody really files suit for one call anyway. The TCPA does not have a clause providing for attorney fees separate from the consumer's per call damages. That means that attorney fees for the violations have to come out of the consumer's damages. Unless the consumer has been called numerous times, there is no economic incentive to file suit. If a bank or other commercial caller calls your phone one time by mistake, there's not enough harm to justify a law suit. But if a bank calls your phone "by mistake" numerous times it is harmful enough to justify damages just to encourage the caller to be more careful.
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