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Category Archives: FDCPA/Fair Debt Collection Practices Act

Proposed legislation will better regulate medical debt collection

Banks often hire debt collection agencies to collect long outstanding debts that borrowers owe. The Fair Debt Collection Protections Act (FDCPA) was enacted to regulate the ways in which debt collectors may interact with the borrowers. The regulations provide for penalties to the debt collectors who break rules and harass those in debt. Senator Al…Continue Reading

Proposed law seeks to limit debt collectors in nonprofit hospitals

Patients in nonprofit hospitals have been reporting recently that they have been questioned and harassed by debt collectors. Often, this occurs even before treatment and debt collectors even solicit patients in the emergency room according to NPR’s June 27, 2012 article. Tore solve this issue, there have been congressional hearings called for by Senator Al…Continue Reading

New York Court Ruled that Collecting Agency Cannot Compel Arbitration on Behalf of Verizon & AT&T

A recent ruling, published in the New York Law Journal on September 9, 2011, has determined that the collection agency, Collecto, had no right to force arbitration on collection claims from AT&T and Verizon on former customers who failed to pay their bills. Judge Spatt declared that under the Fair Debt Collection Practices Act, the…Continue Reading

Recent Statement of Policy clarifies communications involving collection of decedents’ debts

  In many cases, in a debtor-creditor relationship the financial institution may contact third parties such as the spouse, parent of a minor debtor, guardian, executor, administrator, or someone with the authority to pay the decedent’s debts. However, there is a fine line between what the creditor is or is not allowed to do when…Continue Reading

Bronx bankruptcy lawyer comments on new rule placed on creditors who deny consumer loans

As of July 21st, 2011, consumers will be entitled to have a better understanding to how the creditors view them, as reported in a July 9th, 2011 New York Times article. Consumers who are denied or do not receive the best interest rate on a loan by a creditor are now allowed to view the…Continue Reading

Bronx lawyer warns consumers to be careful with unauthorized phone charges

  Cramming, or adding unauthorized charges on consumers’ phone bill, is an illegal practice that have existed for years, and yet it is more common than what people know, as explained in an article by the AARP. “Well, I’ll Be Crammed,” AARP, May/June 2010. After the mandated breakup of Ma Bell in 1984, third-party billing…Continue Reading

BRONX BANKRUPTCY LAW FIRM NOTES THAT DEBT COLLECTORS MAY BE ACTING ILLEGALLY BY SUING DEBTORS IN THE WRONG COURT

    Debt collectors have been breaking the law by picking courts they are not supposed to use for their lawsuits against their debtors, the New York Law Journal reports. “New Rule on Garnishment, Venue Provisions, Statute of Limitations,” the New York Law Journal, Thursday, April 14, 2011. Under the Fair Debt Collection Practices Act…Continue Reading

Bronx bankruptcy attorney comments on the harassment debt collectors face

    Angry messages, insulting words, racial slurs, and physical threats these are just some of the things debt collectors have dealt with from the people they have to call on a daily basis. Generally, debt collectors have a bad reputation and stigma. People assume that debt collectors are the scum of the Earth, with…Continue Reading