Debt Collectors Must Tell NY Consumers if the Debt a Too Old to Collect

By: Robert J. Nahoum THE PROBLEM: You are surprised to be receiving phone calls and letters from a debt collector; you thought you cleared up all your bad debts years ago. How can they still be contacting you on such old debts? The Rule: In New York, a debt collector must maintain reasonable procedures for determining the statute of limitations […]

When Does the FDCPA One Year Statute of Limitations Clock Start Ticking?

By: Robert J. Nahoum THE PROBLEM: You have been harassed, abused, misled and lied to by a debt collector in violation of Federal debt collection laws called the Fair Debt Collection Practices Act (FDCPA for short).  You’ve done your research and learned that you can sue the debt collector for its abuses.  However, you’ve also learned that the FDCPA has […]

Must a Debt Dispute Under the FDCPA be in Writing?

By: Robert J. Nahoum THE PROBLEM: You’ve been contacted by a debt collection agency trying to collect a debt but you are certain you’ve already paid it.  You tell the debt collector that you are officially disputing the debt?  The question you are now asking yourself – is this oral dispute sufficient or must the dispute be in writing? The […]

Midland Funding and Portfolio Recovery Settle Wrongful Debt Collection Claims With the CFPB

By: Robert J. Nahoum THE PROBLEM: On September 9, 2015, government watchdog the Consumer Financial Protection Bureau announced that it had reached a settlement with infamous debt buyers Midland Funding and Portfolio Recovery over illegal debt collection practices. According to a statement released by the CFPB: “Today the Consumer Financial Protection Bureau (CFPB) took action against the nation’s two largest […]

The Federal Trade Commission Publishes Statements on the Debt Buying Industry Including a List of Banned Debt Collectors

By: Robert J. Nahoum In a blog post, the Federal Trade Commission published important statements about the debt buying industry and its efforts to self-regulate including a list of 75 debt buyers banned from participating in the debt collection industry.  Below is a reprint of the post prepared by Reilly Dolan, the FTC’s Associate Director, Division of Financial Practices . “Last year the FTC […]

Does the FDCPA Cover Money Owed to the Government?

By: Robert J. Nahoum THE PROBLEM: You’ve been getting endless debt collection calls from a debt collection agency trying to collect a government resulting from a speeding ticket, a housing code violation, a criminal fine or even an overdue library book penalty.  The debt collector has been harassing you with incessant calls, false threats and misleading information. Can you sue […]