The Fair Debt Collection Practices Act (FDCPA)

By: Robert J. Nahoum THE FAIR DEBT COLLECTION PRACTICES ACT Consumers in Rockland County, Westchester County, the Hudson Valley and all across the State of New York and the rest of the nation have laws protecting them from unscrupulous debt collectors using false, harassing and misleading debt collection tactics. As amended by Public Law 104-208, 110 Stat. 3009 (As of October […]

Are Debt collectors Being “False or Misleading” (a/k/a Full of Sh#t)?

By: Robert J. Nahoum Federal debt collection laws known as the Fair Debt Collection Practices Act (FDCPA for short) prohibits a debt collector from using false, deceptive, or misleading representation or tactics when trying to collect a debt. The list of prohibited conduct includes: The false representation or implication that the debt collector affiliated with the government; The false representation of […]

What is Debt Collector Harassment?

By: Robert J. Nahoum Have debt collectors been hounding you? Would you say they have been “harassing” you? Federal debt collection laws known as the Fair Debt Collection Practices Act (FDCPA for short) has established guidelines for conduct that is forbidden as “harassment”. If a debt collector commits any of the forbidden acts, you the consumer may have the right to […]

Debt Collector Harassing You On the Phone? When Can They Call and How Often?

By: Robert J. Nahoum Debt Collector Harassing You On the Phone? When Can They Call and How Often? Under federal debt collection laws know as the Fair Debt Collection Practices Act (or FDCPA), debt collectors cannot call you before 8 am or after 9 pm. Debt collectors are also precluded from calling you an unreasonable number of times. What is an […]

When Can a Debt Collector Talk About My Debt With Someone Else?

By: Robert J. Nahoum Are debt collectors calling your house and talking to someone else about your debt? Even worse, are debt collectors calling you at work? If so, they may have violated federal debt collection laws known as the Fair Debt Collection Act (FDCPA). What Can’t the Debt Collector Do? Without your prior consent, the debt collector may not communicate, […]

What Debts Are Covered By the FDCPA Debt Collection Laws?

By: Robert J. Nahoum Not all debts are created equal because not all debts are subject to federal debt collection laws known as the Fair Debt Collection Practices Act also known as the FDCPA for short. The good news is most consumer debts are covered. Under the FDCPA, the “term debt means any obligation or alleged obligation of a consumer to […]

An FDCPA Claim Is not a Defense to A Debt Collection Case, But it is a Claim Worth Pursuing.

httpv://www.youtube.com/watch?v=iK7uk5VpqIY&feature=youtu.be by: Robert J. Nahoum THE PROBLEM: You’ve just been sued by a debt collector on an old debt.  You hired a lawyer to defend you and the lawyer tells you that the debt collector has violated federal debt collection laws known as the Fair Debt Collection Practices Act (FDCPA).  But, your lawyer also tells you that the FDCPA violation doesn’t […]