Sued By Midland Funding, LLC In New York or New Jersey?

By: Robert J. Nahoum THE PROBLEM: You have just been served was a summons and complaint.  Midland Funding, LLC or one of its affiliated companies is suing you for an old debt. WHO IS MIDLAND FUNDING, LLC?: Midland Funding, LLC is an infamous “debt buyerâ€, buying up portfolios of old debt from banks, credit card companies, hospitals, doctors, cell phone companies […]

Should I Ignore The Debt Collection Agency?

By: Robert J. Nahoum THE PROBLEM: Anyone who has ever dealt with a debt collection agency knows how invasive, harassing and annoying they can be.  The phone rings incessantly and the letters in the mail never seem to stop.  What to do?  With a debt collection agency on your trail, there are a few options available to you: Pay them in […]

Does a Debt Collection Agency Violate the FDCPA When Charging an Unauthorized Fee?

By: Robert J. Nahoum   THE PROBLEM: You’ve been contacted by a debt collection agency trying to collect a debt.  You’ve agreed to pay the debt but the debt collection agency charges you a “collection feeâ€.  Can they do that? The Rule: Under federal debt collection laws known as the Fair Debt Collection Practices Act (FDCPA for short), a debt collection […]

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 […]