Archive for the ‘ Debt Collection Laws – Federal ’ Category

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The Kinder and Gentler Debt Collector gets paid first.

Gary Nitzkin May 16th, 2012 No Comments

You may have heard the old folk saying that you can catch more bees with honey than vinegar. This refers to the idea that you will be more successful in every area of your life by using your best, most polite self (honey) as opposed to your rude, harsh and mean side (vinegar). So kudos [...]

Strict Liability of Fair Debt Collection Practices Act…under question

Gary Nitzkin August 12th, 2011 No Comments

Leikin and Ingber are excellent collection attorneys.  Over the years, they have garnered a fine reputation for debt collection.  As my colleagues, I hold them in high regard.  I respect the way that they have aggressively pursued debt.  Unfortunatetely, they recently got into trouble with one such tactic as it was found by the 6th [...]

This $311,000 verdict against the law firm for violating the FDCPA is a wake up call to all of us

Gary Nitzkin April 11th, 2011 3 Comments

Lawyers, there is no doubt that when we attempt to collect consumer debts, we are all governed by the Fair Debt Collection Practices Act (“FDCPA“).  We now have another gruesome reminder in the case of McCollough v Johnson, Rodenburg & Lauinger. Johnson Rodenburg and Lauinger is a  North Dakota law firm accused of trying to [...]

Be careful about the claims you file in Bankruptcy Court. They are watching you.

Gary Nitzkin April 3rd, 2011 No Comments

I am sure that my colleagues need no admonition from me about filing claims in bankruptcy court.  Still, I found an article that worth mentioning to my fellow collection attorneys around the country, entitled “Cleveland Man Indicted on Charges of Making False Claims in Bankruptcy Court.“  Lets look at it. Tennessee ranked second in the [...]

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 [...]

Employers – be careful about pulling credit reports on prospective employees.

Gary Nitzkin October 29th, 2010 No Comments

Hiring competent and honest people for your business can be a very tricky thing today. Employees are keenly aware of their rights under federal laws and the questions that you can ask of them. Gone are days of asking a candidate how old he is or whether she has kids at home with her husband. [...]

Senator Franken ain’t laughin’ about amending the FDCPA

Gary Nitzkin October 2nd, 2010 No Comments

I loved Sentator Al Franken when played Stuart Smalley on SNL. He was funny. But…I am not laughing now. Senator Franken has introduced a Senate Bill 3888 just recently that proposes to amend the Fair Debt Collection Practices Act. As a debt collector, I can appreciate the need to amend an older law that was [...]

The Supreme Court Rules that the Bona Fide Error Defense does NOT apply to mistakes of law

Gary Nitzkin April 22nd, 2010 No Comments

The Supreme Court ruled today, in a 7-2 ruling in JERMAN v. CARLISLE, McNELLIE, RINI, KRAMER & ULRICH LPA. held that the Bona Fide Error Defense (“BFE”) in the Fair Debt Collection Practices Act (“FDCPA”) does not apply to mistakes of law.

Collection Attorneys – Do NOT pimp out your letterhead to your collection agency clients

Gary Nitzkin March 22nd, 2010 No Comments

Mr. Yaple, a California collection attorney represents (or may be represented) a California collection agency called TK Financial. Ms. Vlach, an Ohio consumer received a letter from Attorney Yaple in May of 2008 in which he informed her that he had been retained by TK Financial to pursue a debt against her. The letter also [...]

I am announcing the formation of Michigan Consumer Credit Lawyers and its new blog

Gary Nitzkin March 15th, 2010 No Comments

For the past several years, I have blogged about issues affecting debt collectors and their opponents, consumers. Some people have taken issue with the fact that I help both the proverbial Coyote and Road Runner. Too bad. Running a successful law firm such as Nitzkin and Associates has its advantages such as taking the cases [...]

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