The Federal Fair Debt Collection Practices Act, the New York City Customer Defense Law Policy 10 and New York State Statute, General Organisation Law, Short Article 29-H, (the "State Statute") all forbid threatening, intimidating and harassing collection treatments. For instance, the State Statute prohibits a collector from (a) threatening to interact with your employer prior to that representative acquiring a judgement against you, (b) interacting with your household or household at such frequency or at such uncommon hours as can fairly be expected to be abusive or harassing, or (c) simulating any judicial or legal process or seeming licensed, issued or authorized by the federal government or an attorney to gather a debt.
Also, if the collector sends you a letter requiring you pay without the reuired notice under the federal law concerning your privacy, your rights to dispute the debt an dgiving you the proper Thirty Days to react, then the debt collector is immediately liable to you for any damages plus 3 times the quantity of zfn processing your damages. Each offense of the State Statute is a separate misdemeanor offense. You can submit charges with the State Attorney General or your County District Attorney as well as request a limiting action versus the collection company to stop it from continuing abuse and harassment.
If you feel mistreated or bothered by a collection agency, call that agency and get the name and address of the owner/president. Send your written problem, by licensed mail, return invoice, to the owner/president and include in your letter that you "think that agency is violating the Federal Fair Debt Collection Practices Act and other state and regional laws which you will (a) file complaints with the Chief law officer or the District Attorney's office (subjecting the collection business to misdemeanor charges) and (b) request a restraining action versus the collection agency." Go ahead and submit your charges and complaints if the collection company continues to abuse and harrass you.
This article is definitely not all inclusive and is intended just as a brief explanation of the legal concern presented. Not all cases are alike and it is highly advised that you speak with a lawyer if you have any questions with respect to any legal matters.
