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Collections Law/Federal or State SOL on cell phone bill
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Question
Is the SOL on cell phone bills 2 years per the Federal Law, or 6 years per NY State law as it refers to written contract obligations?
Carmen:
Hope all is well. I apologize for the delay, I noticed your question was dated a few days ago, but it was just sent to my e-mail this morning.
To answer your question, the Federal Law would control so the SOL on cell phones is two years. This Federal Law would also apply to a collection agency/debt purchaser since they "step into the shoes" of the original creditor, in this case the cell phone company.
If you were contacted by a collection agency threatening to sue you on this account after the two year SOL has expired you have a claim against them under the Fair Debt Collection Practices Act (FDCPA).
Hope this was helpful. If have any other questions please do not hesitate to write or call.
Jason Shear, Esq.
NY Consumer Attorney
(716) 566-8988
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Answers by Expert:
Jason Shear, Esq.
Expertise
I can answer questions for residents of New York and New Jersey regarding creditor harassment claims under the Fair Debt Collection Practices Act (FDCPA); credit reporting errors under the Fair Credit Reporting Act (FCRA); debt collection defense/credit card defense; student loan law; and consumer class actions. I can also answer questions relating to consumer debt defense/collection agency defense, specifically pertaining to consumers being sued or harassed by collection agencies or NY collection attorneys. If you live in New York and have been contacted or sued by firms such as: Mel Harris & Associates, Forster & Garbus, Rubin & Rothman, Choi Law Office, Lacy Katzen, Malen & Associates, Solomon & Solomon, Daniels & Norelli, Cohen & Slamowitz, Pressler & Pressler or others; give us a call at (716) 831-1111.
Experience
I have obtained settlements for consumers in NY and NJ under the FDCPA and FCRA. I have successfully defended consumers who were sued by collection agencies/debt purchasers in the New York State courts. Visit our website at: www.brentandshear.com
Organizations
National Association of Consumer Advocates (NACA)
Brent & Shear, P.C.
Consumer Attorneys
3957 Main Street, Second Floor
Buffalo, New York 14226
(716) 831-1111
Education/Credentials
BA/BS, Accounting & Political Science, Hunter College.
Juris Doctor, Univ. at Buffalo Law School.
LLM (Criminal Law), University at Buffalo.
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