Archive for the ‘ Uncategorized ’ Category

Debt collectors – Think about the story behind the story so you do not become the next FTC casualty

Gary Nitzkin March 27th, 2011 1 Comment

It’s one thing to read news and simply acknowledge the article as containing something of interest.  It’s quite another experience to read an article, ponder it and think about the “story behind the story.”  In this case, I am thinking about the article that I read reading West Asset Management. This is a fairly large [...]

A LARGE TRAP LOOMS FOR DEBT COLLECTORS UNDER THE FAIR DEBT COLLECTION PRACTICES ACT

Gary Nitzkin March 23rd, 2011 No Comments

I find that many debtor collectors, although properly trained, frequently fall into a large trap under the Fair Debt Collection Practices Act.  The Location Information Exception to the rule against contacting third parties is a large and gaping hope in many collectors’ understanding of the statute.  Lets review it: The General Rule against Contacting Third [...]

Oregon Attorney loses license for violating the Fair Debt Collection Practices Act

Gary Nitzkin March 19th, 2011 No Comments

A Eugene, OR attorney recently surrendered his law license in connection with a settlement he entered into with the Oregon State Attorney General.   Derric McGavic specialized in representing national debt collectors that buy defaulted consumer obligations in massive quantities on the secondary market, often for pennies on the dollar.   McGavic allegedly misidentified or purposefully [...]

Debtor’s prison and other myths designed to hurt the debt collection industry

Gary Nitzkin March 18th, 2011 1 Comment

Despite what the media may say, there is no such thing as Debtor’s prison.

Scam du jour – refuse to take a case and then get blackmailed

Gary Nitzkin July 25th, 2010 No Comments

I was approached by email, last week, by “Lance Davidson” who represented himself as a Gulf war vet living in Indonesia. He presented a passport picture and a semi-burned promissory note allegedly signed by a well known and respected businessman here in Michigan who died a few years back. What are the chances, right? Sorry, [...]

Who looks silly, now, NPR?

Gary Nitzkin July 22nd, 2010 No Comments

I was recently interviewed by National Public Radio (“NRP” to you nerds who regularly listen to it…o.k. I listen to it, too). The reporter from NPR was doing a story about how social media has affected the debt collection profession. As a debt collector, let me just get this out in the open once and [...]

Debt Collectors (and yeah..you lawyers too) take my message before you leave a message you might regret

Gary Nitzkin March 28th, 2010 No Comments

In Foti v NCO Financial 424 F. Supp2d 643 (S.D.N.Y. 2006), the United States District Court in New York properly held that all communications from a debt collector must contain a warning that it is a communication from a debt collector. The Fair Debt Collection Practices Act (FDCPA) , itself, at 15 U.S.C. 1622e requires [...]

Debt buyer must show more than payments made on account to prove its case

Gary Nitzkin March 18th, 2010 No Comments

The Michigan Court of Appeals recently overturned a District Court decision granting summary disposition to the Plaintiff in Unifund CCR v Riley. In this case, the Plaintiff sued the Defendant on an Account Stated theory rather than Breach of Contact. I am guessing that Unifund did not have any signed contract with Riley. This is [...]

Wow…credit card companies are now paying consumers to close their accounts

Gary Nitzkin March 8th, 2009 Comments Off

I just read a very interesting article in USA Today. It talked about credit card companies like American Express paying some consumers $300 to pay off and close their accounts. I have never seen anything like this before. It appears that these banks are targeting those consumers that are carrying balances and not charging very [...]

Kudos to Legally Blawged

Gary Nitzkin November 1st, 2008 Comments Off

On Tuesday, October 28, 2008, we had our first meeting of legal marketing group, Legally Blawged. It was attended by about 25 people. Legally Blawged was formed by Pete Cavanaugh, Mike Hamblin and myself. We are three attorneys who met over the internet during this past summer. We all blog and have had wonderful experiences [...]

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