The Federal Fair Debt Collection Practices Act, the New York City Consumer Defense Law Policy 10 and New York State Statute, General Business Law, Post 29-H, (the "State Statute") all restrict threatening, frightening and bothering collection procedures. The State Statute prohibits a collection representative from (a) threatening to communicate with your employer prior to that representative obtaining a judgement versus you, (b) communicating with your household or home at such frequency or at such unusual hours as can fairly be expected to be violent or harassing, or (c) imitating any legal or judicial process or appearing to be licensed, provided or authorized by a ZFN & Associates lawyer or the government to gather a debt.
If the collection agent sends you a letter requiring you pay without the reuired notice under the federal law concerning your confidentiality, your rights to challenge the debt an dgiving you the suitable 30 days to react, then the debt collector is immediately liable to you for any damages plus 3 times the amount of your damages. Each infraction of the State Statute is a different misdemeanor offense. You can file accused of 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 debt collector, call that agency and get the name and address of the owner/president. Send your written problem, by certified 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 local 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 problems if the collection company continues to abuse and harrass you.
This post is certainly not all inclusive and is meant just as a brief description of the legal concern presented. Not all cases are alike and it is highly recommended that you speak with a lawyer if you have any questions with respect to any legal matters.
