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 […]

Will Original Creditors Soon Have to Comply With Federal Debt Collection Regulations?

By: Robert J. Nahoum THE PROBLEM: Federal debt collection law known as the Fair Debt Collection Practices Act (FDCPA for short), is designed to prevent debt collectors from using unfair, false, misleading and harassing debt collection tactics.  However, the FDCPA generally does not apply to original creditors.  In other words, with some exceptions, the banks issuing credit cards, the hospitals extending […]

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), […]

Repeated Hang Ups May Violate the FDCPA

By: Robert J. Nahoum THE PROBLEM: You are being hounded by debt collectors, the debt collection calls are coming fast and furious but one of the callers repeatedly hangs up either prior to or as soon as you or your voice mail answers the call.  Due to the hang ups, you don’t know the identity of the debt collector or the […]

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 […]