Category: Business Insights

What is the Federal Debt Collection Practices Act (FDCPA)?

In the beginning of 2017, a reported 73% of United States citizens who died, passed away with some form of debt (credit, auto, mortgage, personal, or student). With such a large number of people living with debt, it is reasonable for people to want to understand their options because in reality, debt and finances are a daily part of our lives, and it can have so much determination on our individual quality of life.

So what is the FDCPA, and how can it help me?

The Federal Debt Collection Practices Act (FDCPA) was set in place to protect individuals from being harassed by debt collectors. Harassment in this case would include repeated, inconvenient, and frequent calls through which the debt collector aims to annoy, bully, or threaten an individual into making a payment. The FDCPA has laws to limit the frequency of phone calls a debt collector can make to ensure that no individual falls prey to unfair debt collection practices.

The FDCPA is enforced by the Federal Trade Commission (FTC) to ensure that collectors are not using abusive debt collection practices. A debt collector is an individual who is affiliated with a collection agency, a law group, or a company that buys debt off of debt collection agencies. The FDCPA does not protect against original creditors in each state, although there are some states, like California, that try to protect their citizens from the original creditors. The FDCPA aims to lay out explicit guidelines for fair debt collections practices, and avenues for those in debt to protect themselves against harassment, or false debt accusations. There is a system in place which allows those in debt to validate information given to them by the debt collectors to ensure the information is accurate and not fraudulent. There are also instances where individuals have a right to dispute the debt that they owe, which we will discuss later in this post. The FDCPA’s overall purpose is to protect all parties involved in a fair, and equal way.

Your Rights Under the FDCPA

While the Federal Debt Collection Practices Act intends to protect all involved parties, it is still important to know the full scope of your rights in case of an error on their part. Additionally, there is a whole industry of lawyers popping up to defend debt collectors, who spend their days trying to find loopholes to make you (the consumer) pay, regardless of any wrongdoing on the part of the debt collector. Having your own back in this situation, and doing the appropriate research will allow you to avoid falling into any traps.

It is sometimes advantageous to talk to them at least once to better understand the situation and know the exact debt(s) that they are calling to collect. Sometimes, it may even be a mistake that you are on their list, and one phone call would suffice to eliminate the problem. If however, you do actually owe the debt, but still think it is a mistake or you cannot pay it back, you do not have to endure endless phone calls and debt collectors parading themselves through your life. You can send them a notice to end all contact. This must be done via mail, and the only contact they are allowed to make is either to tell you that there will be no further contact, or to file a lawsuit. If they file a lawsuit to sue you for the amount owed, you will not want to ignore the lawsuit. You may try to handle it yourself, but you are entitled to an attorney. If you have hired an attorney, the debt collectors can no longer contact you directly, but must only contact your lawyer.

In order for the claim to be valid, the collector must send a written confirmation of the amount owed, and who the creditor is within the first five days of contacting you. They must also explain the process for you to follow if you believe it was sent in error. If you send the letter explaining why it is an error, the collector must not contact you again until they send proof of the amount owed.

Additionally, if you make a payment toward your debt, if you owe more than one creditor, you can tell the collector where to apply the money, and they must comply with your request. They especially cannot apply any amount paid to a debt that you have explicitly claimed that you do not owe.

If at this point they sue you for a debt that you are not paying, and refuse to accept responsibility for, the court can garnish your funds. Garnishing means that the court can tell the bank to withdraw funds from your account, or they can apply any income straight to the debt. This is legal, if the debt collectors win in court, however they can never garnish money from federal benefits such as social security, or veterans benefits.

Any time a debt collector calls, make sure they identify themselves with their name and their role as a debt collector, they announce who the original creditor is, they notify the consumer of the right to dispute this debt, and that they offer validation of the debt upon request. If they eventually file for a lawsuit, they must do it in accordance with FDCPA laws.

When is debt Collection Illegal?

Here we will examine a list of unfair and abusive debt collection practices that may be used in court as evidence of harassment.

1. Hours of contact: Debt collectors may only contact you between 8am and 9pm unless you state otherwise. If you tell them that they are not allowed to call during work hours, or if you have a night shift, they may only call during the allotted times.
2. Continued Communication: After the consumer sends written notice to cease all communication, debt collectors may not contact the consumer again other than to notify them of the cessation of contact, or that they will proceed with a lawsuit.
3. Frequent calls with intent to annoy: calling over and over again which harasses the consumer.
4. Contacting place of employment: Debt collectors may not call a consumer’s place of work if they have been directed not to.
5. Contacting consumer, and not their attorney (if they have one)
6. Misrepresentation or deceit: Regarding the debt, or the identity of the debt collector (posing as a law enforcement officer).
7. Publicly publishing consumer’s name or address without their consent.
8. Threatening legal action
9. Aggressive or threatening language/ cursing
10. Sharing information about your debt with third parties
11. They cannot contact you by shaming you: For example, they cannot post anywhere, especially through mail that you are being pursued by debt collectors.

A consumer can provide each of the elements from the list above as evidence in court against a debt collector if they feel the standards set forth by the FDCPA were not met. Consumers should not dispose of any voicemail, email, mail correspondence in case the situation ever escalates to court.

The FDCPA will defend consumers who have the right to dispute any debt that you think is not legitimate. You do not have to suffer through repeated, and annoying phone calls and debt collectors, and you do not have to fall victim to abusive debt collection practices. You can also hire an attorney to handle your case who is an expert in the Fair Debt Collection Practices Act such as GM Law Firm.  GM Law Firm has detailed some information about what your rights are, and what to look out for on their website.

Know the signs, now your rights under the Fair Debt Collection Practices Act, and know that you do not have to subject yourself to this kind of treatment.

What Is A Startup Business?

A startup business is a newly emerged, fast-growing entrepreneurial venture that is designed to meet a specific marketplace need by developing a practical business model based on services, innovative products, a process, or a platform.

In recent years, the terminology, “startup” has become very popular among millennial and young individuals with a strong business mindset. Startup businesses have evolved to be more of a cultural movement with an outlook that is a complete deviation from standard or traditional companies.

The modern day startup business offices are not like the typical offices where a certain dress code is mandatory and a formal setting is to be maintained. Startup founders are often seen wearing casual clothes to meetings; office spaces can look very casual with a very youthful and vibrant atmosphere.

What Is The Difference Between a Startup Business and a Small Business?

Sometimes when you hear the word “startup” being thrown around, many begin to imagine coders, software and app developers, and the likes.

There are so many misconceptions about how this term is being used to describe businesses, that it’s often assumed it can only be applied to tech companies. However, the reality is that a “startup business” does not necessarily mean that it is strictly technology-focused. Startup businesses and small businesses share a number of similarities, but there are a few differences that distinguish both ventures.

Growth

One major difference between startup businesses and traditional small businesses is the way growth is being conceptualized. Startup businesses are designed to grow really fast, that is, they typically tend to rely on technology in order to reach a larger market.

A specific instance of startups is how apps can go from having just a few users upon launch, to millions of users in a matter of a couple months; this is the typical format of many startups.

On the other hand, traditional small businesses are designed to scale up at a slower pace. They usually do not have access to financial support to grow fast and generate revenue like startup businesses, so the growth is more incremental.

Funding

The ways that startup businesses and small businesses seek funding can be quite different. While startup businesses often rely on direct funding from venture capitalists or angel investors, small businesses often have to rely on loans and grants. Generally, startup businesses tend to get more help from their investors as they are actively involved in the operations. However, small businesses will usually report to their banks with respect to their loans or grants.

How to Start a Business

There are a number of obvious reasons why more people are quitting their jobs and starting businesses. Firstly, many people do not get the satisfaction they expect from their jobs. Secondly, there is a shortage of jobs in the labour market – which drives many people to seek out opportunities by establishing their own businesses. Another reason is the fact that many individuals have ideas that provide solution to a specific market need.

While many have great business aspirations, they often do not have a clear picture of what starting and growing a business entails. Many will fail as a result of a lack of preparation or market research. Becoming an entrepreneur is not as easy as many want it to be. It requires hard work, time, and a lot of effort.

Here are a few tips for startups and guidelines that will help you to start your business and make it successful.

Brainstorming

This is one of the most important phases of starting a business. Every business opportunity starts with an idea. These ideas often come in the form of solutions to a problem or they must be able to fill a gap. Whatever your ideas may be, there are many ways by which you can turn them into a viable business.

The brainstorming phase should include extensive research into the field or industry you plan to set up your business. You must identify companies that are already providing a similar solution and think up ways you can offer your services differently at a better rate.

Develop a Business Plan

This stage requires you to go into more details about your business idea. This is the stage where your ideas begin to materialize. A business plan will show in clear terms whether your business will be profitable or not. Also, you need to answer questions like:

1. Who are your customers?
2. Target market and size?
3. How will your business be financed? Will you need to apply for a loan or invest your own money?

A well-written business plan will help you answer these questions.

Business Structure
It is important to identify what type of business structure you want to run. The type of entity that your business is will determine a lot of things like how it is being taxed and its liabilities. If you want to run your business alone, then you must consider a sole proprietorship. Alternatively, a partnership is where there are two or more people involved. There are also other options like a corporation and Limited Liability Corporation.

Register Your Business
Before your business can run as a legal structure, you need to register it at the appropriate government agency. This process will involve registering your business name as well as providing other information about your business.

Determine the Type of Technology to Be Deployed
Every business today is being run with a set of tech tools to improve their efficiency. It is important for you to determine what type of technology will be suitable for your kind of business. Technology such as mobile apps, social media, and enterprise software are tools that can help your business become successful.

Insurance
Many businesses overlook insurance as something that they can get away with until they need it. There are various types of insurance coverage. But it is important to choose the type that best suits your business.

Build a Team
Unless you plan to run a ‘one man’ business, you are going to be faced with the task of hiring the best team to get your business running. The process of hiring a team must be tailored to the gaps that need to be filled in operations. Proper division of tasks and assigning roles to your team can play a major role in whether your business survives or not.

Branding and Advertising
A marketing plan should be put together in order to maximize your advertising and marketing efforts. A proper media campaign should be carried out to spread word about your business along with the products or services that it are being offered.

Four Key Points that a Startup Needs to Succeed:

1. Customers – You need to identify a need that has not been met by the market. Determine whether you can provide solutions and if the market is right for you.
2. Product – Your products or services must directly help your customer solve a problem or meet a need or desire. If it’s a product, make it very simple and adaptable to use.
3. Timing – Every business opportunity has a limited window or period during which it will be viable. Entering a market too early or too late usually comes with great risks due to market uncertainties. The best timing is often when there is already a customer base that has not had their needs satisfied.
4. Competition – Excess competition against an influx of new customers can make the market quite tough for new entrants. However, this offers many opportunities to disruptions that can take on the competition by creating new opportunities.
5. Finance – Maximizing profit with minimum risks and costs.

Related: Business Phone Solutions

North Korea has been in the news for many years for reasons that are far from positive. The country has remained in the spotlight due to the approach of the government toward international relations under Kim Jung Un’s rule.

Several issues such as the crisis between North and South Korea, the nuclear program and testing, and a gross violation of human rights and freedoms, have all been in the forefront of the country’s reputation.

There are necessities that are being enjoyed by the rest of the world, for example, public access to communication in North Korea, which are extremely monitored by the government. Another instance, as far as North Korea telecommunications is concerned, is in regards to the fact that international phone calls are illegal in North Korea. There is also a very strict regulation of any usage of technology in North Korea.

Why Are International Phone Calls Illegal In North Korea ?

The North Korean government holds the use of communication technology in the country with a very tight grip, especially to countries that are referred to as “enemies.” This was revealed in a report by Amnesty International.

North Korea has a popular mobile phone service which serves more than 3 million subscribers. But international phone calls are not permitted on this network as it is restricted to only local calls.

Only a select few citizens and foreigners are allowed access to the internet. However, some North Koreans have access to a closed-off network which can connect to only domestic websites and email services that are also closely monitored by the government.

Ordinary North Koreans are not allowed to use mobile phones to call members of their families who have defected as they risk being sent to detention camps or political prisons.

“Nothing can ever justify people being thrown in detention for trying to fulfill a basic human need – to connect with their family and friends” stated Arnold Fang, an East Asia Researcher at Amnesty International.

The restrictions by the North Korean Government on international phone calls as well as information coming from outside reveals the intimidation and oppression of the North Korean populace since Kim Jung Un became the leader in 2011.

Arnold Fang also states, “To maintain their absolute and systematic control, the North Korean authorities are striking back against people using mobile phones to contact family abroad.”

Several reports have affirmed that the North Korean government sees the absolute control of communication in the country as a weapon by which they can suppress the voices of the people. Their stance on international calls and communication technology is in a bid to obscure the realities and information about the extent of human rights violations in the country.

Most people who have fled the country often live in a constant state of fear due to not knowing the situation of their families. The inability to contact their loved ones leaves both parties in the dark about whether they are alive or dead, imprisoned or being investigated.  

How Do North Koreans Communicate With The Outside World?

Many North Koreans have relied on the booming private economy to gain access to smuggled clothing, food, and other goods from China. Along with this trend includes the smuggling of mobile phones and SIM cards. This practice is however not without great risks.

In a 2016 report by the New York Times, it was revealed that North Koreans have had to rely on smuggled-in mobile phones from China in order to connect to the rest of the world. People who live near the border with China are at an advantage as they can easily take advantage of some of China’s mobile networks to make international phone calls. For people in other areas, however, the ability to communicate with the outside world is much less easily done.

Government Crackdown on Illegal China Phones

Making calls at the border has become increasingly difficult to take advantage of as Kim Jung Un ordered that there be more measures put in place to prevent the exchange of information between North Korea and the outside world. This major government move has also cut down the number of North Koreans defecting to South Korea from 2,914 in 2009 to about 1,276 last year (Source: New York Times).

The North Korean government strengthened the crackdown on mobile phones that are being smuggled in from China with measures such as deploying surveillance devices and more soldiers along the border. High tech devices that jam communication signals have been deployed and used to trace calls back to those who used the banned mobile phones. The level of risk involved is massive, and North Korea has no issue going to the most drastic measures possible to halt the ability of their nation to communicate with those beyond their country’s borders.

Arrests and Incarceration

There is always a high price to pay whenever someone gets caught making illegal international phone calls in North Korea using smuggled Chinese mobile phones. Those who get caught are often sent to reform facilities and prison camps. In some cases, they are made to pay a certain fee as a bribe, if they have connections to influential people. According to several interviews by amnesty international, it appears that bribery is the motive behind many arrests.

Being sent to a reform facility is usually seen as a better scenario as this means a person would spend only about a year or two. Many people have been released with the assistance of bribing. Political prison camps are seen as much worse cases because they carry a longer, harsher sentence.

For those willing to take the risk, creativity and ingenuity are used. Many North Koreans who have a need to make international phone calls often come up with methods to avoid detection. When making international phone calls, they make use of pseudonyms and kept their conversations very short. Sometimes they climb up remote mountains to prevent their calls from being jammed or from being spotted while making illegal international phone calls.

The High Price of Communication

The imminent desperation and need for communication with the outside world has given rise to middlemen who offer the service to those who do not own a Chinese mobile phone. These middlemen get paid to set up phone calls so that the communication can be executed. This style of broker system is also used by defectors to send money to their families in North Korea.

Generally, the cost for this service can be quite high. The middlemen can take up to 30% of every USD1000 cash transfer as commission. However, the downside is that there are no guarantees that the money will reach the recipients. This is due to the fact that security agents are always on a mission to intercept money transfers, whenever possible.

There are also cases where family members send Chinese mobile phones, SIM cards, and money by bribing border patrol agents. With an increasingly tightened border, the bribes also tend to increase in value, reaching as high as USD500 per instance.

Despite the difficulties and dangers involved, communication comes at a high price for North Koreans with the ability and need to gain access to it.

Small business owners and home based businesses can improve business image with advanced call forwarding services.

At some point in in time, every entrepreneur or small business owner will have one of those moments where a light bulb goes off and you realize, “Oh, my. My business is growing so fast that I can‘t keep up with everything.”

It’s a good problem to have, but it also is one that requires action. If you’re buried with paperwork, burning the candle at both ends and working more hours than you can physically spare, it’s time to get help.

One of the easiest and fastest ways to relieve some of your stress while improving your company productivity, customer relations and image, is to seek the services of Global Call Forwarding. This company features toll free services that have helped thousands of entrepreneurs like you launch and grow their business.

Here are some of the most immediate and gratifying benefits you’ll experience:

• Enhanced company image
• Increased productivity
• Potential increase in profits
• Toll free numbers
• Vanity numbers
• Unified messaging
• Follow-me call forwarding
• The ability to give off the impression of being an established corporation
• Easy-to-use applications
• Full range of features and options to fit your unique needs
• Enhance your personal branding with call forwarding numbers

And that’s just the beginning. If you know it’s time to expand your business, improve your offerings and provide great customer service, then using a qualified voice system provider is your next step. It’ll be one of the easiest business moves you’ve ever made.

In the professional world, you are your brand. How potential clients find you and how others in your industry look at you will depend almost entirely on the personal branding strategy that you set forth. It should not be a surprise then that personal branding extends to every aspect of your professional persona. From the clothing you wear to the design on your business card your personal brand needs to be unique, memorable and simple to remember.

While personal branding is important in all aspects of your professional life, one area that it may be most crucial is your contact information. Applying your personal brand to your telephone number is easier than you might think thanks to call forwarding.

A customized call forwarding number is a great way to increase your exposure and propel your career. By changing your existing number into something simple to remember and easy to share you can start promoting your business through platforms like websites, blogs and social media—all in a completely safe fashion. Customized numbers eliminate the long and awkward sequence of numbers, making it possible for you to make yourself easily identifiable with a simple word or even your name in lieu of a standard phone number.

Whether you are handing out your number on the fly, are posting it to social media accounts or building your web presence elsewhere, a customized, unique number can really boost your personal brand. Call Forwarding numbers can protect your personal identity by unifying your personal contact information with that of your company, offering you a level of anonymity that handing out a personal number exposes. As an added benefit, changing your personal number to a forwarded number will reduce unwanted telemarketing calls.

By forwarding your number to a single, customized line you can unify multiple lines into one simple number. This makes it easier as you grow, making it possible for all potential employers or clients in multiple cities to contact you through one simple number—without requiring different numbers for different locations and area codes. Your customized number can be toll free, which increases your business persona and adds a higher degree of validity to your professional name.

Don’t let your contact information be just another forgotten number. Enhance your personal brand by customizing a forwarded number and spread your name to a whole new world of potential clients.