Is Faloni & Associates Calling You? Here’s What You Need to Know
Many consumers are intimidated or try to retreat when confronted with a debt collector. While such anxiety is understandable, it’s important to deal with these collectors while fully informed about your rights and protections under the FDCPA.
The Fair Debt Collection Practices Act, or FDCPA, was enacted in 1977 to stop abusive behavior on the part of third-party debt collection agencies. Under the law, a debt collector cannot:
- call you repeatedly at work
- disclose the existence of your debts to friends and neighbors
- threaten to sue you
- threaten to seize your assets
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You also have the right to dispute the debt and demand proof of its existence if debt collectors such as Faloni & Associates try to obtain payments from you.
Alleged Violations against Faloni & Associates*
Faloni & Associates is a New-Jersey-based law office, with locations in Fairfield, Mount Laurel, Newton, Princeton, and Toms River as well as New York and Pennsylvania. David A. Faloni Sr., Esq. and David A. Faloni Jr., Esq., are the President and Managing Partner respectively. According to their website, one of their practice areas is ‘Creditors’ Rights and Collections’.
Collecting debts is legal, but agencies like Faloni & Associates are required to abide by FDCPA rules surrounding communications with consumers. Alleged failure to do so has resulted in numerous court appearances.
In October 2012 a consumer filed a summons and complaint with the United States District Court for New Jersey. He accused Faloni & Associates of filing a lawsuit against him over an alleged debt owed to GE Capital / Old Navy. The plaintiff disputed the debt, saying that he was a victim of mistaken identity and that GE Capital / Old Navy had already admitted that his Social Security number and identifying information did not match that of the actual debtor.
According to the filed paperwork, when the plaintiff informed Faloni & Associates representatives that he was not the debtor, they allegedly refused to go back to their client, confirm that fact, and halt the legal proceedings. They kept telling him to file an answer in court.
The plaintiff’s attorney accused the agency of the following violations of FDCPA, 15 U.S.C. §1692:
- Taking steps to collect an alleged debt when they knew or ought to have known that the plaintiff was an unobligated party
- Failing to identify themselves as a debt collector
- Failing to provide the plaintiff with a ‘Mini Miranda’: In their initial communication with a consumer, a debt collector must state that they’re attempting to collect a debt and any information obtained from the consumer will be used for that purpose.
- Communicating in a rude and abusive manner.
The matter was later settled.
What to do if you get ‘the call’
If you receive a call from 1 973-226-2525 or written communication from Faloni & Associates about an alleged debt, request confirmation that you in fact owe the money. If they engage in hostile, deceptive tactics and / or refuse to provide proof of debt, you may request that they refrain from contacting you further. If the matter escalates, contact a FDCPA-knowledgeable attorney. Any debt collector who crosses the line may be liable to compensate you up to $1,000 for any violation of the FDCPA, as well as pay attorney’s fees, court costs, and monetary damages if you win.
*Case taken from PACER (www.pacer.gov). File number is 2:12-cv-06762, from New Jersey Court.
Disclaimer: The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Faloni & Associates or any other third-party collection agency, you may not be entitled to any compensation.