Should I Record Debt Collection Calls?

By: Robert J. Nahoum THE PROBLEM: You’re behind on your bills and debt collectors are hot on your trail.  The debt collection letters are pouring in the door and the phone is ringing off the hook.  Something about those debt collection calls doesn’t sound right.  You’re being told information that is false, misleading or harassing.  Can you record these calls and […]

3rd Circuit Rules Debt Collection Letter Violates The FDCPA Because It Can Be Reasonably Read To Have Two Or More Different Meanings, One Of Which Is Inaccurate

By: Robert J. Nahoum Consumer Ray Caprio filed a lawsuit in the Federal District Court for the District of New Jersey against debt collector Healthcare Revenue Recovery Group, LLC claiming that a debt collection letter he received violated Fair Debt Collection Practices Act (FDCPA) because it could confuse “the least sophisticated consumer†into taking two different courses of action.  The letter […]

What Are Private Attorneys General?

By: Robert J. Nahoum THE PROBLEM: In each state, the protection of consumers from unscrupulous businesses is left in the hands of the Attorney General.  However, because they have limited budgets and are elected officials subject to the political whims of the day, Attorneys General are not capable of addressing each instance of commercial wrong doing. THE RULE: To ease the […]

Does a Debt Collector Violate the FDCPA When He Threatens to Take My Unemployment Benefits?

By: Robert J. Nahoum THE PROBLEM: You’re out of work, fallen on hard times and your only income is from unemployment benefits.  Now you’re being harassed or sued by a debt collector who has threatened to take your unemployment benefits.  Can he get away with it? The Rule: Under federal debt collection laws known as the Fair Debt Collection Practices Act […]

What Property is Exempt From Debt Collection?

By: Robert J. Nahoum THE PROBLEM: You’ve been sued, there is a judgment against you and now the debt collector is coming to enforce the judgment.  You’re broke and out of work, can the debt collector take away your property? The Rule: In New York, as in most states, there is a laundry list of property exempt from judgment enforcement and […]