What Is—and Isn’t—a “Debt” Under the FDCPA?

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 […]

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 […]

Know Your Rights: The Mandatory Disclosures Every Debt Collector Must Provide

By: Robert J. Nahoum If you are receiving phone calls or letters from a collection agency, it often feels like they hold all the cards. However, the Fair Debt Collection Practices Act (FDCPA) is a powerful federal law designed to level the playing field. While many people know that the FDCPA stops collectors from using harassing tactics, fewer realize that […]

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 […]

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 […]

Who is the Least Sophisticated Consumer?

By: Robert J. Nahoum   THE PROBLEM: You’ve fallen behind on bills and get a debt collection letter from a lawyer.  The letter says that if you don’t pay a $75 medical bill you will be sued. You’re a pretty smart guy and you know that the lawyer is just blowing smoke – he’s not really going to sue you for […]

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 […]

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 […]