How to Respond to a Debt Collection Lawsuit in New York: FAQs from a Consumer Protection Lawyer

By: Robert J. Nahoum What does it mean if I’ve been served with a debt collection lawsuit in New York? Being “served” with a summons and complaint means a creditor or debt buyer has started a court case against you to collect an alleged debt. The papers will name you as the defendant, identify the plaintiff, state an amount allegedly […]

Electronic Funds Transfer Act (EFTA) FAQs: Your Rights After Unauthorized Transfers and Banking Errors

By: Robert J. Nahoum What is the Electronic Funds Transfer Act (EFTA)? The Electronic Funds Transfer Act is a federal law, codified at 15 U.S.C. § 1693 et seq., that protects individual consumers who use electronic methods to move money, such as ATM withdrawals, debit card purchases, point‑of‑sale transactions, ACH transfers, and certain wire or remittance transfers. Its purpose is […]

Electronic Funds Transfer Act Timelines: Deadlines for Consumers and Banks After Unauthorized Transfers

By: Robert J. Nahoum Why EFTA Timelines Matter Under the Electronic Funds Transfer Act (EFTA) and Regulation E, strict timelines control when consumers must report unauthorized electronic transfers and how quickly banks must investigate and resolve those disputes. Missing these deadlines can shift thousands of dollars of loss from the bank onto the consumer. Understanding these timelines is critical for […]

Jefferson Capital, a Minnesota-Based Debt Collection Firm, Hit With Class Claims in Philly

By: Robert J. Nahoum Introduction Consumers across the country continue to push back against aggressive debt collection tactics, and Jefferson Capital is the latest collector to face serious legal heat in Philadelphia. A new putative class action accuses the Minnesota-based junk debt buyer of violating consumer protection laws through its collection and credit reporting practices, raising important questions for consumers. […]

Sued By Absolute Resolutions Investments, LLC?

By: Robert J. Nahoum THE PROBLEM: Three scenarios might have led you this article: You have just been notified by your bank that your account has been frozen because there is a debt collection judgment against you by some company called Absolute Resolutions Investments, LLC.   You’ve received a notice from your County Sheriff or a New York City Marshall […]

Bronx Court Denies Debt Buyer’s Motion for Summary Judgment for Failing to Follow New Consumer Protection Rules

By: Robert J. Nahoum A Bronx judge recently denied debt buyer Cavalry’s motion for summary judgment after finding that the Plaintiff failed to comply with the strict notice requirements of the Consumer Credit Fairness Act (CCFA). The case—Cavalry SPV I, LLC v. Wilkerson (Sup. Ct., Bronx County, Dec. 4, 2024, Hummel, J.)—involved a $4,600 Home Depot credit card debt originally […]