By: Robert J. Nahoum What the FDCPA means by “debt” The Fair Debt Collection Practices Act (FDCPA) protects consumers from abusive, deceptive, and unfair collection practices. At the heart of the law is its definition of “debt”: “Any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services […]
What Is—and Isn’t—a “Debt” Under the FDCPA?
Who Is a “Debt Collector” Under the FDCPA? (And Who Isn’t?)
By: Robert J. Nahoum Are You Being Harassed? Understanding Who the FDCPA Actually Regulates If you are receiving constant phone calls or threatening letters about an unpaid bill, you have likely heard of the Fair Debt Collection Practices Act (FDCPA). This federal law is a powerful shield that protects consumers from abusive, deceptive, and unfair collection tactics. However, a common […]
What Are Your Debt Validation Rights Under the FDCPA and New York Law?
By: Robert J. Nahoum If a debt collector is calling you, sending letters, or threatening legal action, you have important legal protections. The federal Fair Debt Collection Practices Act (FDCPA) gives you the right to ask a collector to validate the debt. In New York, additional state rules let you request substantiation of the debt at almost any time. Understanding these […]
Can a Debt Collector Contact You by Email or Text in New York?
By: Robert J. Nahoum Debt collectors increasingly use email and text messages to pursue unpaid debts, but federal law, the Fair Debt Collection Practices Act (FDCPA), sets strict limits on this contact. In New York, these federal protections apply alongside state consumer laws. If a collector is bombarding you with texts or emails, you have rights to push back. What […]
Can Debt Collectors Threaten Jail for Unpaid Debt? Know Your Rights
By: Robert J. Nahoum Debt Collectors Threaten Jail: The Truth Debt collectors often use scare tactics like threatening jail time or criminal charges to pressure you into paying old debts. In reality, unpaid consumer debts are civil matters, not crimes, and such threats violate federal law. Understanding your rights can stop the harassment and potentially earn you compensation. Why Threats […]
New York’s Powerful “Substantiation” Right vs. Federal “Verification” Under the FDCPA
By: Robert J. Nahoum What Is “Substantiation” of Debt in New York? New York has its own debt collection regulations that give consumers a powerful right to demand “substantiation” of a charged‑off debt, a much more robust standard than federal “verification” under the FDCPA. These rules apply to third‑party debt collectors including debt buyers collecting on charged‑off consumer debt in […]
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. […]
Attempting to Collect Debt Discharged in Bankruptcy Is Illegal
By: Robert J. Nahoum Debt collectors are known for their persistence when it comes to collecting debts. However, the Fair Debt Collection Practices Act (FDCPA) imposes certain restrictions on the methods used by debt collectors to collect debts. In particular, the FDCPA prohibits debt collectors from attempting to collect debts that have been discharged in bankruptcy. Bankruptcy is a legal […]
What Are the Elements of an FDCPA Claim?
By: Robert J. Nahoum THE PROBLEM: You’ve lost your job and fallen on hard times. Debt collectors have been after you, and are becoming increasingly abusive and harassing. Some debt collectors have even crossed the line into illegal debt collection activities in violation of the Fair Debt Collection Practices Act. What must you proven to succeed on a claim for […]
How Can Your Smart Phone Help You With Debt Collectors?
By: Robert J. Nahoum THE PROBLEM: Does any of this sound familiar – you lost your job and have fallen behind on bills; or maybe you got sick or hurt and your insurance doesn’t cover all of your medical expenses -the doctors and hospital bills are piling up; or perhaps you just graduated from college and can’t find a job […]