In 2005, our office filed a lawsuit against a collection agency where one of their debt collectors stated in a telephone call to our client that, “I will call employers. I will call your neighbors. I will call your relatives. I will call whoever I have to if you don’t want to speak with me. I will get to the bottom of this.” This is simply not allowed according to the FDCPA. SEE 15 U.S.C. §1692b. We have brought many other lawsuits over the years against debt collectors for saying things they shouldn’t say during telephone calls to consumers.

Our Firm also regularly files lawsuits against debt collectors for making improper calls to third parties, like relatives and neighbors.

Are lawyers debt collectors under the FDCPA?

They can be. Lawyers are no longer exempt under the FDCPA and must comply with its provisions if they engage in consumer collections as part of their practice. In 2004 and 2006, our Firm filed class action lawsuits against different New Jersey law firms for allegedly violating the FDCPA by sending collection letters to consumers that did not contain the proper notices required under the FDCPA. SEE 15 U.S.C. §1692g.

I sent a letter to the debt collector disputing the debt, but I'm still getting collection calls and letters.

If, within 30 days after you are first contacted, you send the collection agency/debt collector a letter stating that you dispute the debt, the collector may not continue collection efforts until you are sent verification of the debt. That means no further collection calls or letters until providing you with the verification. If you do send a “dispute” letter, you should send it by certified mail, return receipt requested and keep a copy of the letter for your records.

If, after receiving your "dispute" letter, the debt collector continues its collection efforts against you without first providing you with written verification of the debt, you may be entitled to damages under the FDCPA. SEE 15 U.S.C. §1692g

Help, I’ve been sued after the statute of limitations on my debt has expired!

We have sued many attorneys, collections agencies and debt buyers in cases where they have either threatened to file suit or have actually filed suit on a consumer debt when the statute of limitations on the debt has already expired. While it is an affirmative defense to the underlying debt, it is also a violation of the FDCPA, 15 U.S.C. §1692e and e(5) to take or threaten to take such an action.

We protect consumers. Our office has brought many individual cases and class actions in order to vindicate the rights of consumers. Let our office help you like we’ve done for other New Jersey consumers. We’re here to help.