Fair Debt Collection Practices Act

The Fair Debt Collection Practices Act (FDCPA), Pub. L. 95-109; 91 Stat. 874, codified as 15 U.S.C. § 1692 –1692p, approved on September 20, 1977 (and as subsequently amended) is a consumer protection amendment, establishing legal protection from abusive debt collection practices, to the Consumer Credit Protection Act, as Title VIII of that Act. The statute's stated purposes are: to eliminate abusive practices in the collection of consumer debts, to promote fair debt collection, and to provide consumers with an avenue for disputing and obtaining validation of debt information in order to ensure the information's accuracy.
Posts about Fair Debt Collection Practices Act
  • Sued By PYOD LLC in New York or New Jersey?

    …, consider hiring a qualified attorney experienced in debt defense. The Law Offices of Robert J. Nahoum, P.C. routinely represents consumers in debt collection lawsuits brought by junk debt buyers PYOD, LLC in New York and New Jersey. As with all of our debt defense cases, The Law Offices of Robert J. Nahoum, P.C. analyzes debt collection cases brought…

    The Law Offices of Robert J Nahoum- 9 readers -
  • What Are the Elements of an FDCPA Claim?

    … prohibits the use of false, deceptive and harassing debt collection tactics. If a debt collector violates the FDCPA, it can be sued for statutory damages up to $1,000.00, actual damages (like pain and suffering) and the debt collector may have to pay the consumer’s attorney’s fees. A consumer who brings a suit under the FDCPA must prove…

    The Law Offices of Robert J Nahoum- 13 readers -
  • Can a Debt Collector Seize My Car?

    … to satisfy a debt collection judgment? THE RULE: In New York, as in most states, there is a laundry list of property exempt from judgment enforcement and thus beyond the reach of debt collectors. Included in the list of exempt property is your car if the equity is less than $4,000. Cars that have been equipped for use by people with disabilities…

    The Law Offices of Robert J Nahoum- 15 readers -
  • Can an Information Subpoena Violate the FDCPA?

    … an “Information Subpoena”. Upon closer examination this document not only tells you that there is default judgment against you but now you have been directed to answer personal questions about your job, your income and your bank accounts. THE RULES: After a judgment has been entered, the debt collector is on a ferocious hunt to find your money. The law…

    The Law Offices of Robert J Nahoum- 18 readers -
  • Who is Linda Strumpf?

    … of false, deceptive and harassing debt collection tactics. If a debt collector violates the FDCPA, it can be sued for statutory damages up to $1,000.00, actual damages (like pain and suffering) and the debt collector may have to pay for the consumer’s attorney. WHAT YOU SHOULD DO: If you’ve been sued by U.S. Equities Corp. and Linda Strumpf…

    The Law Offices of Robert J Nahoum- 17 readers -
  • Sued By Winthrop Capital, LLC In New York or New Jersey?

    … Offices of Robert J. Nahoum, P.C. doesn’t charge our clients a penny out of pocket. If you need help settling or defending a debt collection law suit, stopping harassing debt collectors or suing a debt collector, contact us today to see what we can do for you. With office located in the Bronx, Brooklyn and Rockland County, the Law Offices of Robert J…

    The Law Offices of Robert J Nahoum- 12 readers -
  • Midland vs. Johnson

    … An opinion was issued by the Supreme Court of the United States last week in a case that bankruptcy lawyers, trustees and judges had been anxiously following. The question was whether the act of a creditor filing a ‘stale’ proof of claim in a Chapter 13 bankruptcy violated the Fair Debt Collection Practices Act (FDCPA). A ‘stale’ claim means…

    Dove Bankruptcy Law- 15 readers -
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