Alexander J. Douglas, Esq. | Attorney | (585) 568-2224 |   alex@lawroc.com

News & Press

Forster & Garbus, LLP Loses in Court on Interest Misrepresentations in Collection Letter

Our client received a letter from Forster & Garbus, LLP, a debt collection law firm, which did not disclose that interest was continuing to accrue on her account. According to the Second Circuit, the Fair Debt Collection Practices Act (FDCPA) requires debt collectors to disclose on their collection letters either “that the consumer’s balance may increase due to interest and fees”, “that the amount of the debt stated in the letter will increase over time” or “that the holder of the debt will accept payment of the amount set forth in full satisfaction of the debt if payment is made by a specified date.” Since their letter didn’t contain the required disclosure, we filed a FDCPA lawsuit against them.
Forster & Garbus, LLP tried to get our case dismissed. After extensive briefing, on October 20, 2016, Robert L. Arleo, the attorney for Forster & Garbus, LLP, came to Rochester, NY for oral argument on the motion.

On October 26, 2016, the U.S. District Court in the Western District of New York DENIED THEIR MOTION! You can read a copy of the written decision and order here.
Bottom line: score one for the little guy. Debt collectors need to disclose certain information about any accounts which are accruing interest and fees. Have you been receiving letters on interest-bearing accounts?

Contact us today to see if you have a FDCPA claim.

Simple things you can do to help your case

A little bit of book keeping and organization can go a long way.

Many debt collection agencies rely on  the fact that no one wants to deal with debt. It can be tough or embarrassing. They want you to hide your head in the sand.  Doing so is the worst thing you can do for your case.

  • Do not ignore any mailing or call from collectors.
  • SAVE ALL OF THE LETTERS from your creditors/debt collectors.
  • Keep screenshots and take notes of your phone calls.
  • Pull a copy of your credit report .
  • If you have voice mails, save copies and collect them.
  • And of course Call or email this office! 

In Good Health Magazine Runs Article on Medical Debt Collection

In Good Health  March 2016, Issue 127

Medical Debt Collectors: What You Need To Know

Ingoodhealth

According to CNBC, unpaid medical debt is the leading cause of personal bankruptcy in the country. The Consumer Financial Protection Bureau reports that 43 million people – nearly 20% of adults in America – have unpaid medical debt.
If you find yourself unable to pay medical debt, you will probably receive phone calls and letters from debt collectors, and that can be unsettling or even intimidating. But you shouldn’t let the debt collectors scare you. Here are answers to some questions that you might have when dealing with debt collectors.
Read more

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