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By Contributing Author: Sergei Lemberg Updated on

Are You Being Called By Girvin & Ferlazzo, PC?*

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Are You Being Called By Girvin & Ferlazzo, PC*? Here’s What You Need to Know

So many life essentials, like housing, transportation, and quality education are purchased on credit. This reality leaves so many people with debt loads that can become unmanageable if they lose their jobs or become disabled. Even if this happens, you have rights that prevent debt collectors from harassing you into paying.

Your Rights Under the FDCPA

The Fair Debt Collection Practices Act (FDCPA) protects consumers from unfair and unethical debt collection practices. It takes punitive action against third-party debt collectors that try to apply the following strategies to collect a debt.

  • Leaving abusive messages on your voicemail
  • Persisting in contacting you directly although they know you have an attorney
  • Pretending to be police officers or federal agents
  • Threatening you with physical harm
  • Calling your friends and family for any reason other than locating you
  • Failing to send you a debt validation letter

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Company Profile: Girvin & Ferlazzo, PC

If you are being called by Girvin & Ferlazzo, PC, a general office background is below.

Girvin & Ferlazzo, PC is a debt collection law office located in Albany, New York. It opened for business in 1991, has 35 employees, and is managed by its President, James Girvin. Consumer litigation files at the PACER website indicate that consumers who believed that they were being harassed by Girvin & Ferlazzo, PC engaged counsel to help them fight back.

Are You Being Called By Girvin & Ferlazzo, PC?*

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Alleged Violations against Girvin & Ferlazzo, PC**

According to information on the PACER website, on October 17, 2009, Girvin & Ferlazzo, PC tried to collect a debt by sending a collection letter to a New York consumer. It advised her to pay the debt or face legal proceedings, which appeared to violate her dispute rights.

On November 30, she requested verification of the debt and ordered it to stop trying to collect from her, but the firm sent her a letter on December 16 that stated, part, “Our office intends to continue the lawsuit and move forward with entering judgment.” It also began calling her and reporting the debt to the credit bureaus.

Feeling harassed by Girvin & Ferlazzo, PC, the consumer filed an FDCPA lawsuit against the firm for:

  • Using harassing and abusive means to collect a debt
  • Contacting her after she sent a cease communication notice
  • Using false, deceptive, and misleading means to collect a debt
  • Threatening legal action it has no intention of taking
  • Using unfair and unconscionable means to collect a debt

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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