The Buffalo Business First has reported that Attorney General Andrew Cuomo has announced that he has filed suit against attorney John Nicolia for allowing the debt collectors at Eastern Asset Management (“EAM”) to use his name and threaten legal action in connection with their debt collection activities. The article reports that Mr. Nicolia made over $141,000 over the two years that he allowed his name to be used in connection with these collectors intimidating and bullying debtors.
My Take on this article: If this article is accurate, Mr. Nicolia’s troubles in this lawsuit are just beginning. Under the federal Fair Debt Collection Practices Act (“FDCPA”) a debt collector cannot threaten to take action for which he has no present intention or legal right to take. If Mr. Nicolia’s participation with the collectors at Eastern Asset Management was willful, he and EAM can (and most likely will) face a class action lawsuit brought by the debtors who were victimized by these parties.
You can read the complaint here in People of New York v John Nicolia. It is because of things that Mr. Nicolia is accused of doing that I, as a collection attorney, enjoy representing consumers when they have been abused by debt collectors. The things that EAM and Nicolia are accused of doing damage the debt collection industry and its professionals. Someone has to stand up to thugs. This is why I formed Michigan Consumer Credit Lawyers.
If you are harassed by a debt collector, contact an attorney. Contact me, Attorney Gary Nitzkin by email at [email protected] or toll free at (888) 293-2882. Visit www.micreditlawyer.com for free instructional videos on how you can defend and protect your credit.
