Have You Been Sued on a Time Barred Debt?

By: Robert J. Nahoum Among the worst debt collector tricks is suing on time-barred debts. I find this trick particularly dirty because it requires not only the debt buyer, but the collection agency and their attorneys to collude and contribute to this clear consumer protection violation. These days, consumer debt buying is a thriving $100 billion a year industry. Debt buyers […]

Got A Debt Collection Letter or Call? Tell The Debt Collector To VERIFY THE DEBT!!!

By: Robert J. Nahoum Federal debt collection laws known as the Fair Debt Collection Practices Act (FDCPA for short) generally prohibits debt collectors from using unfair or unconscionable debt collection practices when trying to collect a debt. In addition to these prohibitions, debt collectors are required by the FDCPA to provide consumer with certain notices of your rights. In its first […]

Robert Nahoum’s article, “FDCPA, FCRA Claims: Hidden Trustee Treasure?,” was recently published by American Bankruptcy Institute Law Journal

Robert J. Nahoum’s article, “FDCPA, FCRA Claims: Hidden Trustee Treasure?,†was recently published in the American Bankruptcy Institute Law Journal, Vol. XXX, No 8, October 2011. Available Here. About the Author Robert Nahoum is a New York State attorney practicing consumer protection and general litigation in the Tri-State Area including New York City, Westchester, Rockland, Nassau and Suffolk. His practice […]

Hey Debt Collector, Play By the Rules or Pay Me $1,000.00! Unfair Debt Collection Practices.

By: Robert J. Nahoum Federal debt collection laws known as the Fair Debt Collection Practices Act (FDCPA for short) generally prohibits debt collectors from using unfair or unconscionable debt collection practices when trying to collect a debt. But the question is what unfair debt or unconscionable debt collection practices? The prohibited conduct includes, but is not limited to: The collection of […]

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 […]