The Federal Fair Debt Collection Practices Act, the New York City City Consumer Defense Law Policy 10 and New York State Statute, General Business Law, Post 29-H, (the "State Statute") all restrict threatening, harassing and frightening collection treatments. For instance, the State Statute prohibits a collector from (a) threatening to communicate with your employer prior to that representative acquiring a judgement against you, (b) interacting with your family or family at such frequency or at such uncommon hours as can reasonably be anticipated to be abusive or harassing, or (c) simulating any judicial or legal process or seeming licensed, issued or authorized by a lawyer or the government to gather a debt.
If the collection representative sends you a letter demanding you pay without the reuired notification under the federal law regarding your privacy, your rights to dispute the debt an dgiving you the appropriate 30 days to react, then the debt collector is instantly liable to you for ZFN and Associates Robocalls any damages plus 3 times the quantity of your damages. Each offense of the State Statute is a separate misdemeanor offense. You can file accused of the State Attorney General or your County District Attorney as well as request a restraining action versus the collection business to stop it from continuing abuse and harassment.
If you feel abused or bugged by a debt collection agency, call that agency and get the name and address of the owner/president. Send your written problem, by licensed mail, return receipt, to the owner/president and include in your letter that you "believe that agency is breaching the Federal Fair Debt Collection Practices Act and other state and local laws and that you will (a) file grievances with the Attorney General or the District Attorney's workplace (subjecting the collection company to misdemeanor charges) and (b) demand a restraining action versus the collection agency." Go ahead and submit your charges and problems if the collection business continues to abuse and harrass you.
This article is certainly not all inclusive and is planned just as a quick explanation of the legal problem provided. Not all cases are alike and it is highly suggested that you speak with a lawyer if you have any questions with respect to any legal matters.
