By: Robert J. Nahoum As reported in the NY Times on Friday, November 13, 2015, a class of approximately 355,000 New York consumers victimized by the fraudulent debt collection practice of sewer service will receive $59 million in a class-action settlement that also bars a major network of debt collectors from continuing the unlawful practice. The settlement involves a network […]
A Tremendous Victory for New York Debt Collection Scheme Victims
Mel Harris & Associates Is Out of Business
By: Robert J. Nahoum Embattled New York debt collection law firm Mel Harris & Associates has closed its doors forever. Through its harassing and abusive debt collection tactics, Mel Harris & Associates has disrupted the lives of tens of thousands of New York consumers for years. Â Well, it appears the chickens finally came home to roost. Mel Harris & Associates […]
Kirschenbaum & Phillips, PC – Sloppy and Noncompliant
By: Robert J. Nahoum Infamous debt collection law-firm Kirschenbaum & Phillips, PC was bench slapped by Federal District Court Judge Eric N. Vitaliano for its “sloppiness and inattention to rules and detail” in a scathing opinion issued by the Court. The matter entitled Rivero v. Kirschenbaum & Phillips, PC, was filed in United States District Court, Eastern District of New […]
Is Sewer Service an FDCPA Violation?
By: Robert J. Nahoum THE PROBLEM The cashier at the grocery store rings you up, you swipe your debit card and embarrassingly, the cashier tells you that your card is no good. You call your bank and are told that your bank account has been frozen. How can this have happened? Turns out, you were sued by a debt collector, […]
Does the FDCPA Cover Personal Guarantees of Business Debt?
By: Robert J. Nahoum Federal debt collection laws, known as the Fair Debt Collection Practices Act (FDCPA for short), regulates the conduct of third party debt collectors. The FDCPA generally prohibits debt collectors from using abusive debt collection tactics that are false, misleading and harassing. If a debt collector violates the FDCPA, you can sue for statutory damages up to […]
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 […]
What is an FDCPA Venue Violation?
By: Robert J. Nahoum THE PROBLEM: Debt collectors usually sue consumers in the courts where the consumer lives. This is true because the law requires. However, from time-to-time, there are debt collection lawyers out there that file suits in locations other than where the consumer lives to suit its own needs. This is not allowed. The Rule: In legal jargon, […]
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 […]
Are Debt Collectors In New York Required To Communicate In Spanish?
By: Robert J. Nahoum THE PROBLEM: With more than 37 million people in the Unites Stated speaking Spanish, it has become the most commonly spoken non-English language in the United States. The number of Spanish speakers up 233% since 1980 making Spanish speaking in the U.S. the fastest growing language used. Â In fact, the United States is now the fifth […]
Why Original Creditors Won’t Talk to You About Your Debt?
By: Robert J. Nahoum Consumers sued in debt collection cases often find themselves up against companies they have never heard of. Names like Midland Funding, LVNV Funding, CACH LLC, New Century Financial Services, Portfolio Recovery Associates, Unifund and Calvary Portfolio Services. The reason you’ve never heard of these companies is because, while you’ve never done business with them, they’re doing […]