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By Contributing Author: Sergei Lemberg Updated on

Are You Being Called By Erin Capital Management?*

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Are You Being Called By Erin Capital Management?* Here’s What You Need to Know

Debt collectors have a bad reputation for a reason. Too many of them harass sick or impoverished people over debts they can’t afford to pay or refuse to back off when a debt is clearly the result of identity theft. Although they may claim they are omnipotent, you have rights that can make them stop.

Your Rights Under the FDCPA

The Fair Debt Collection Practices Act (FDCPA) makes it illegal for debt collectors to employ aggressive collection activities. If you are dealing with a collection agency, it is important to know what they can and cannot legally do.

  • Failing to identify themselves as debt collectors
  • Using threatening language
  • Threatening to come to your house
  • Refusing to provide you with information about the debt
  • Failing or refusing to report a debt as disputed to the credit bureaus
  • Persisting in trying to collect a disputed debt

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Company Profile: Erin Capital Management

If you are being called by Erin Capital Management, a company overview is below.

Erin Capital Management is a debt buyer and collection agency in New York, New York. It was established in 2002, has fewer than 10 employees, and is managed by Robert Russo. The agency is typically represented during litigation by Eltman, Eltman, and Cooper, P.C. A check of records at the PACER website confirms that consumers who felt harassed by Erin Capital Management defied the company’s claim.

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Alleged Violations against Erin Capital Management**

According to PACER, in or around late 2008, Erin Capital Management allegedly threatened a California consumer with legal action and followed up by filing a suit without ensuring that the consumer had been legally served. He said that he was unaware that a default judgement had been obtained against him until his wages were being garnished.

Feeling harassed by Erin Capital Management, the consumer sued the agency for:

  • Failing to ensure that he was aware of the lawsuit
  • Filing a lawsuit illegally
  • Using unfair and unconscionable means to collect a debt
  • Using harassing means to collect a debt

The matter was later dismissed.

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Hire a Consumer Lawyer

The phone number for this debt collection agency is 1-212-660-3124. If it pops up on your caller ID, Erin Capital Management may be trying to collect a debt from you. If they file a lawsuit against you without your knowledge, resulting in wage garnishment and other losses, get a free case review from a consumer lawyer and file a claim against Erin Capital Management. Damages include $1,000 per violation of the FDCPA plus legal costs, so respond with a lawsuit of your own.

**Case taken from PACER ( File number is Case 2:09-cv-08797-CAS-MAN from the United States District Court for the Central District of California, Western Division.

*Disclaimer: The content of this article serves only to provide information and should not be constructed as legal advice. If you file a claim against Erin Capital Management or any other third-party collection agency, you may not be entitled to any compensation.

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Additional Resources

About the author:

Contributing Author: Sergei Lemberg

Sergei Lemberg is a consumer rights attorney, practicing since 2006, whose practice focuses on consumer law, class actions and personal injury litigation. He is known for a United States Supreme Court case (Facebook v. Duguid) defending consumers from autodialers under the Telephone Consumer Protection Act of 1991 to send unsolicited text messages. He is also the author of Defanging Debt Collectors, a book that teaches consumers how to battle debt collectors and win.

See more posts from Contributing Author: Sergei Lemberg
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