NCLC Resource – Protecting Against Creditor Seizure of Stimulus Checks

The consumer heroes at the National Consumer Law Center have issued the following resource to help consumer protect their corona stimulus checks from levy and seizure by heartless and unscrupulous debt collectors: “The CARES Act authorizes payments up to $1200 to individuals and $2400 for couples, with an additional $500 for children under 17 years old. The payments phase out […]

Can a Debt Collector Text Me?

By: Robert J. Nahoum THE PROBLEM: In their ever creative ways to communicate with consumers and harass them into paying debts, two Glendale California based debt collectors began a campaign of sending text messages to consumers in which they failed to disclose that the texts were coming from a debt collector. The Rule: In a recent suit, the Federal Trade Commission […]

World’s Largest Debt Collector Settles Federal Charges and Agrees to Pay $3.2 Million Penalty For Repeated FDCPA Violations

By: Robert J. Nahoum THE PROBLEM: Expert Global Solutions and its subsidiaries comprise the largest debt collection operation the world has ever known.  With an operation that big swimming in the muck of the consumer debt collection industry, it should come as no surprise that some nasty shenanigans have been going on.  What may be surprising is the price-tag attached to […]

Was I Sued in the Right Place?

By: Robert J. Nahoum THE PROBLEM: You have been sued by a debt collector for a consumer debt in a county, city, town or state where you don’t live.  Can the debt collector do that? The Rule: In legal jargon, the term “venue†refers to the proper geographic place where a court can hear a case.  State and federal venue laws […]

Calling a Consumer Debtor a Liar May Violate the FDCPA

By: Robert J. Nahoum THE PROBLEM: A debt collector has got you on the phone; you truthfully tell him that you simply don’t have the money to pay and he crudely and obnoxiously calls you a liar.  Can he get away with it? The Rule: Under federal debt collection laws known as the Fair Debt Collection Practices Act (FDCPA for short), […]

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 […]

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 […]

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 […]