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By Contributing Author: Sergei Lemberg Updated on

Are You Being Called By Fulton, Friedman & Gullace, LLP?*

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Are You Being Called By Fulton, Friedman & Gullace, LLP?* Here’s What You Need to Know

If your debt payments have fallen into arrears, you will eventually be contacted from debt collectors who are determined to make you catch up- fast. They could harass you over the phone, threaten to seize your assets, or humiliate you by discussing the debt with your friends and co-workers. If this happens, know your rights and what you can do to fight back.

Your Rights Under the FDCPA

Debt collection is legal, but consumer harassment is not. You are protected by the Fair Debt Collection Practices Act, or FDCPA, which limits what third-party collection agencies may say or do to make you pay. Tactics like those below are illegal and can cause an agency to lose its license.

  • Swearing, yelling, and calling you names
  • Calling you several times a day
  • Telling your friends, neighbors, and co-workers that you owe money
  • Demanding amounts inflated by ‘service fees’ and other suspicious charges
  • Refusing to prove that a debt is valid and they are authorized to collect it
  • Claiming to be police officials or government agents

Are You Being Called By Fulton, Friedman & Gullace, LLP?

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Company Profile: Fulton, Friedman & Gullace, LLP

If you are being called by Fulton, Friedman & Gullace, LLP, information about the company is below.

Fulton, Friedman & Gullace, LLP is a debt collection law office located in Rochester, New York. It was established in 2008, has less than 10 employees, and is managed by Senior Partner Allen Friedman. Records on file at the PACER (Public Access to Court Electronic Records) website confirm that people who believed they were being harassed by Fulton, Friedman & Gullace, LLP turned to the courts to protect their rights.

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Alleged Violations against Fulton, Friedman & Gullace, LLP

According to PACER, in or around late 2011 or early 2012, a California resident allegedly defaulted on a credit card debt, which was subsequently assigned to Asset Acceptance LLC for collection. Asset Acceptance in turn hired Fulton, Friedman & Gullace, LLP to collect the debt.

The plaintiff later alleged that Asset Acceptance called him on his cell phone and demanded his bank information to satisfy the debt. When he asked for validation, it allegedly never came, so he refused to pay. When Fulton, Friedman & Gullace, LLP filed a lawsuit against him, the plaintiff called the firm and repeated his validation request.

The firm representative allegedly replied that they would not provide any written validation of the debt unless he provided his bank account information. He provided the details, but expressly refused permission to remove any money from his account until he received adequate validation of the debt and communicated his consent by returning a signed settlement agreement.

Contrary to their alleged promise, Fulton, Friedman & Gullace, LLP never provided him with any proposed written agreement. In April 2012 he hired an attorney, who sent a letter to the firm’s offices requesting that all direct communication to the plaintiff cease, but soon afterward Fulton, Friedman & Gullace, LLP allegedly contacted him directly about the alleged debt and debited approximately $335.00 from his bank account.

Feeling harassed by Fulton, Friedman & Gullace, LLP, the plaintiff sued the firm for the following alleged FDCPA violations:

  • Failing to validate the debt
  • Using false, deceptive or misleading means to collect a debt
  • Using unfair and unconscionable means to collect a debt
  • Attempting to collect an amount not authorized by law or the creditor agreement
  • Harassing him by telephone
  • Contacting him directly although he was represented by an attorney

The matter was later settled.

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Hire an Attorney

The phone numbers for Fulton, Friedman & Gullace, LLP are:

If either number appears on your caller ID, it means that you are being called by Fulton, Friedman & Gullace, LLP. If they refuse to validate the debt they are trying to collect and harass you by telephone, hire a consumer attorney. Such collection tactics violate the FDCPA, and if you file a claim against Fulton, Friedman & Gullace, LLP and win, a judge could order the firm to pay you $1,000 per violation as well as attorney’s fees, court costs, and any actual damages. No matter how much you owe, your rights must be respected during the collection process, or the collector could be the one owing money.

*Case taken from PACER ( File number is Case 2:12-cv-04313-PJW from the United States District Court for the Central District of California.

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 Fulton, Friedman & Gullace, LLP or any other third-party collection agency, you may not be entitled to any compensation.

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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