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 […]

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 […]

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 […]

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 […]

What is a Class Action Consumer Lawsuit?

By: Robert J. Nahoum Consumer lawyers are, as the name implies, lawyers who focus their practices on consumer issues.  What are consumer issues?  Consumer issues are those legal issues that arise when regular people (as opposed to businesses) go out into the market place to buy goods or services.  For example – buying a car, getting a mortgage to buy […]