Recent Posts in Debt Collectors Category

  • Case Update: CFPB v. Weltman, Weinberg and Reis Co. LLP

    || 1-Dec-2017

    In April 2017, the Consumer Financial Protection Bureau (CFPB) filed a lawsuit against Weltman, Weinberg and Reis regarding their pre-litigation debt collection practices. The suit alleges that Weltman, Weinberg and Reis Co. misled some consumers to believe that an attorney was involved in the collection of their debt, when in actuality there was no meaningful attorney review conducted by their ...
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  • Failure to Disclose Interest on Collection Letter Violates FDCPA

    || 25-Oct-2017

    Consumer law can be difficult to parse out, not just for the average person, but for courts as well. An appeals decision by a second circuit court in the case of Avila v. Riexinger & Associates is but one in a string of cases concerning the language and interpretation of the Fair Debt Collection Practices Act (FDCPA). The decision provides a glimpse at questionable tactics used by some ...
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  • Harassed by an abusive debt collector? Get up to $1000!

    || 13-Oct-2017

    Having a debt in collections can be very stressful. But having debt collectors constantly harassing you and using unfair collection tactics can make the situation feel impossible. It’s a debt collector’s job to follow up on debts that have been passed along to them. While debt collectors are allowed to contact you to try and pressure you into paying your bill, they aren’t allowed ...
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  • Unsecured vs. Secured Debt

    || 21-Sep-2017

    Debt can come in many forms. Two of these forms are secured and unsecured debt. Most debts fall into one of these two categories, but the way these debts are handled can be very different. The differences between these debts can help both consumers and businesses decide how to borrow money, prioritize debts for payoff, and work to protect your assets. Secured Debts Secured debts are one major form ...
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  • Weltman Weinberg & Reis Law Firm Sued For Debt Collection Violations

    || 30-Jun-2017

    On April 17, 2017 the Consumer Financial Protection Bureau ("CFPB") filed a lawsuit in a federal district court against Weltman, Weinberg, & Reis Co., LPA, a debt collection law firm which has operates in several states, including New York, New Jersey, and Florida. The complaint alleges that the collection firm used illegal tactics while collecting debts from consumers. Specifically, ...
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  • Prohibited Debt Collection Practices

    || 31-May-2017

    Are you receiving phone calls, emails, or other communications from debt collectors? Often the persistence of debt collectors can be annoying and stressful, making your life miserable until you can finally make them stop. In fact, certain debt collection practices became so bad that the federal government banned them outright some time ago. However, this hasn’t entirely stopped less-credible ...
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  • Simon Goldenberg Presents CLE on Defending Debt Collection Lawsuits

    || 10-Feb-2017

    New York, New York: On February 6 th, 2017, Attorney Simon Goldenberg presented, Defending a Consumer Debt Case, a Continuing Legal Education program with Lawline. Broadcast live online and recorded at Lawline’s Studio in lower Manhattan, the program offered viewers strategies on defending debt collection lawsuits. It is now available for on-demand viewing at Lawline.com. Defending A ...
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  • How Do I Stop Creditors from Calling Me?

    || 30-Jan-2017

    Creditors have the right to contact consumers to collect on a debt… but there are limits to that right. Consumers are protected from harassment under the Fair Debt Collection Practices Act (FDCPA). Your Rights Under the FDCPA As a consumer, you are protected from creditor harassment such as: Incessant phone calls Phone calls late at night or early in the morning Phone calls at work, if they ...
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  • Relief From Surprise Medical Bills

    || 8-Aug-2016

    Are you seeking relief from surprise medical bills or emergency services? According to a study by NerdWallet, over 56 million Americans under the age of 65 will have trouble paying healthcare related bills, with medical debts being the biggest cause for filing for bankruptcy. Dealing with medical bills can be a daunting task, especially if they’re unexpected. Even if you are covered under ...
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  • Reduce Merchant Cash Advance & Business Loans

    || 11-Jul-2016

    If you own a business, you probably already know that maintaining sufficient cashflow is critical. However, with seasonal fluctuations, competition, and other variables outside of your control, trying to maintain financially stability while operating a small business can be challenging. Money is needed for inventory, raw materials, supplies, and human resources, so taking a business loan or a ...
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  • What is the Fair Debt Collection Practices Act?

    || 20-Jun-2016

    In days gone by, creditors and lenders had almost-free range to do what they please in pursuit of debt owed by individuals and businesses alike. To put an end to their questionable business practices and bring some peace of mind to Americans in financial trouble, the Fair Debt Collection Practices Act (FDCPA) was enacted in the late 1970’s. In particular, it was meant to be prevent and ...
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  • An Overview of Automatic Stay in Bankruptcy

    || 25-May-2016

    When a person files for Chapter 7 or Chapter 13 bankruptcy, they are afforded relief from creditor communications and collection efforts through a court injunction known as an “automatic stay.” An automatic stay can provide individuals with protection against bill collectors, allowing them much needed breathing room to reorganize their finances. An automatic stay can protect against ...
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  • Your Rights Under the Fair Debt Collection Practices Act

    || 18-May-2016

    Are you receiving harassing calls from creditors late at night? Have collection agencies called your relatives in an effort to collect on your debts? If so, you may have a right to seek a monetary award from the courts under the Fair Debt Collection Practices Act (FDCPA) . The FDCPA was passed in 1977 as an amendment to the Consumer Credit Protection Act in an effort to eliminate abusive and ...
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  • Wells Fargo Student Loans Investigated by CFPB

    || 12-Oct-2015

    New York - The Wall Street Journal reported on Friday that the Consumer Financial Protection Bureau (CFPB) is investigating Wells Fargo regarding its student loans servicing practices. Although the specifics of the investigation are unclear, it appears that the probe on Wells Fargo began back in late 2014. Wells Fargo is the second largest originator for private student loans in the United States. ...
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  • Selip & Stylianou Settles Midland Funding Lawsuit for 80% Off

    || 9-Oct-2015

    In this case, Midland Funding LLC hired Selip & Stylianou, LLP to bring a lawsuit to collect on a debt that was purchased from an assignee of the original creditor. The claim amount was in excess of $3,150. Upon receiving notice of the Summons and Complaint, the client contacted our office, and after a brief consultation, retained our attorneys for assistance in resolving the lawsuit. As part ...
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  • Stephen Einstein & Associates Settle Lawsuit for 38%

    || 6-Oct-2015

    Upon receiving notice of a lawsuit, a potential client inquired with the Law Office of Simon Goldenberg PLLC. After completing a free case evaluation and speaking with one of our lawyers, the client hired our firm for assistance with defense and settlement of the debt. In this case, the law firm of Stephen Einstein & Associates was representing a debt buyer that was attempting to collect on a ...
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  • JPMorgan Chase to Pay $136M to Settle CFPB Claims

    || 11-Sep-2015

    In 2013, the Attorney General of California noticed an abundance of lawsuits filed by JPMorgan-Chase that were flooding their courts. The majority of these lawsuits were debt collection cases against credit card borrowers, for which many of the cases had scant evidence. Based on her observations, Attorney General Harris took civil action against JPMorgan-Chase. Following her action, The state of ...
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  • Collection Attorneys Battle for Rights in NYC

    || 1-Sep-2015

    On occasion, laws created by a state's different governing bodies will overlap and cause mass confusion. Deciphering the law in these bizarre occasions can be like battle between an immovable object and unstoppable force. Neither governing body has true power over the other, as a result the interpretation is in the hands of the courts What follows usually follows is a shift in the ...
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  • Navient Student Loan Servicer Under Scrunity by CFPB

    || 28-Aug-2015

    Potential Consumer Financial Protection Bureau (CFPB) Enforcement Action against Navient (Formerly Known As Sallie Mae) Earlier this month, Navient Solutions, Inc., a wholly-owned subsidiary of Navient Corporation and corporate spinoff of Sallie Mae, informed their shareholders of a potential Consumer Financial Protection Bureau Enforcement Action. Navient is one of the nations largests servicers ...
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  • Action against Pressler and Pressler for FDCPA Violations

    || 25-Aug-2015

    What is a reasonable amount of time for an attorney to review a case prior to instituting litigation? That question is the crux of the ongoing case of Bock v Pressler & Pressler LLP. As it currently stands, the case has entered the U.S. Third Circuit Court of Appeals. After a previous ruling stated that Pressler and Pressler failed to meet some of the requirements of the Fair Debt Collection ...
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  • Debt Collection Regulations in New York City

    || 21-Aug-2015

    New Regulations on Debt Collection in New York Many consumers are aware that the Fair Debt Collection Practices Act governs the permissible conduct of debt collectors. What many people don’t know if that certain localities provide consumer protections beyond the Federal laws. For example, agents attempting to collect debt from consumers in New York City are regulated by the Department of ...
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  • Schachter Portnoy Settles Lawsuit Debt for 90% Off

    || 4-Aug-2015

    In Cavalry Portfolio Services, LLC v. A.A., a lawsuit was brought by the law firm of Schachter Portnoy LLC against a New York defendant to collect on a debt originally owed to Cavalry Investments, as assignee of FIA Card Services. In 2010, the attorneys at Schachter Portnoy LLC were able to obtain a default judgment in the amount of $21,300. With the 9% judgment interest that accrues each year, ...
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  • Exempt Income Protection Act (EIPA)

    || 3-Aug-2015

    Frozen Bank Account in New York City? In New York, certain amounts and type of funds are protect from being frozen in a bank account in reference to the collection of private debts. In 2008, the New York state legislature found that in some instances, creditors were pursuing funds that were legally exempt from freezing and levying. In order to stop these illegal account seizures the New York ...
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  • City Marshal Garnish Wages and Levy Bank Accounts

    || 26-Jun-2015

    Caution: NYC Marshals can garnish wages and freeze bank accounts ! When a money judgment is entered in the Civil or Supreme Court's of New York City, the Plaintiff can obtain the services of a New York City Marshal in order to enforce the judgment. The Marshal is a public official and is empowered to institute a wage garnishment with a judgment debtor's employer and/or contact a judgment ...
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  • What Is The FDPCA And How Does It Protect From Abusive Debt Collectors?

    || 25-Jun-2015

    Dealing with debt can be a stressful. It can cause all sorts of anxieties that can take a serious toll on one’s family life, personal life and even your mindset in the office. So if debt collection is so frustrating already, why do some collectors feel the need to make it so much harder? That’s one of the reasons why Congress passed Fair Debt Collection Practices Act. What Is The Fair ...
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