The Federal Fair Debt Collection Practices Act, the New York City Consumer Defense Law Regulation 10 and New York State Statute, General Service Law, Post 29-H, (the "State Statute") all prohibit threatening, intimidating and bothering collection treatments. For example, the State Statute forbids a collection agent from (a) threatening to communicate with your company prior to that representative getting a judgement against you, (b) communicating with your family or home at such frequency or at such uncommon hours as can fairly be anticipated to be abusive or harassing, or (c) mimicing any judicial or legal procedure or appearing to be authorized, issued or approved by the federal government or a lawyer to gather a debt.
Also, if the collector sends you zfn processing a letter requiring you pay without the reuired notification under the federal law concerning your privacy, your rights to challenge the debt an dgiving you the proper 1 Month to react, then the debt collector is immediately liable to you for any damages plus 3 times the amount of your damages. Each violation 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 demand a limiting action against the collection business to stop it from continuing abuse and harassment.
If you feel mistreated or pestered 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 "think that agency is breaching the Federal Fair Debt Collection Practices Act and other state and local laws and that you will (a) file problems with the Chief law officer or the District Attorney's workplace (subjecting the collection company to misdemeanor charges) and (b) request a limiting action against the collection agency." If the collection company continues to abuse and harrass you, then go on and submit your complaints and charges.
This post is certainly not all inclusive and is planned only as a brief description of the legal concern presented. Not all cases are alike and it is highly recommended that you seek advice from an attorney if you have any questions with respect to any legal matters.
