Robert Januchowski v. Fay Servicing, L.L.C.

Date: 10-21-2025

Case Number: 25-cv-00080

Judge: John L. Sinatra, Jr.

Court: United States District Court for the Western District of New York (Erie County)

Plaintiff's Attorney:

Defendant's Attorney:

Description: Buffalo, New York, consumer law lawyer represented the Plaintiff on a Fair Debt Collection Practices Act violation claim.

Fair Debt Collection Practices Act (FDCPA) violations include abusive, deceptive, and unfair debt collection tactics such as harassment, repeated calls, and threats of illegal action. Other violations include making false statements about the debt's amount or legal status, contacting you at work after you've told them not to, and contacting you at unreasonable hours (before 8 a.m. or after 9 p.m.).
Abusive and harassing practices

Using or threatening to use violence or other criminal means to harm you or your property.

Using obscene, profane, or abusive language.

Repeatedly calling you with the intent to annoy, abuse, or harass.

Contacting you at unusual hours (before 8 a.m. or after 9 p.m.) unless you agree.

Contacting you at work if you have told them you are not allowed to receive calls there.
Publicizing a list of consumers who refuse to pay debts.

False and deceptive practices

Falsely representing or implying affiliation with the United States government.

Falsely representing the amount, character, or legal status of the debt.
Threatening to take legal action that is not permitted or that they do not intend to take.
Threatening to arrest you for not paying a debt.

Using false names or associating with a false identity.

Unfair practices

Attempting to collect amounts not permitted by law or the contract, including interest and fees.

Threatening to garnish wages or take your property when there is no legal basis to do so.
Disclosing your debt to third parties other than your spouse or attorney, with the exception of obtaining location information.

Sending emails or text messages to you if you have asked them to stop.
Communicating with you through social media in a way that is visible to the public or your contacts.

Outcome: Settled for an undisclosed sum and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

Comments: