The Federal Fair Debt Collection Practices Act, the New York City Consumer Defense Law Policy 10 and New York City State Statute, General Organisation Law, Article 29-H, (the "State Statute") all prohibit threatening, daunting and pestering collection treatments. For instance, the State Statute forbids a collection agent from (a) threatening to interact with your company prior to that representative obtaining a judgement against you, (b) communicating with your family or home at such frequency or at such unusual hours as can fairly be expected to be abusive or harassing, or (c) replicating any judicial or legal process or seeming licensed, released or authorized by an attorney or the government to gather a debt.
Likewise, if the collector sends you a letter demanding you pay without the reuired notice under the federal law concerning your privacy, your rights to contest the debt an dgiving you the appropriate 1 Month to react, then the debt collector is immediately liable to you for any damages plus 3 times the quantity of your damages. Each infraction of the State Statute is a different misdemeanor offense. You can file charges with the State Attorney General or your County District Attorney as well as demand a restraining action against the collection business to stop it from continuing abuse and harassment.
If you feel mistreated or harassed by a debt collection agency, call that agency and get the name and address of the owner/president. Send your written grievance, 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 Attorney General or the District Attorney's workplace (subjecting ZFN Associates the collection company to misdemeanor charges) and (b) request a limiting action against 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 description of the legal issue provided. Not all cases are alike and it is highly recommended that you speak with a lawyer if you have any concerns with respect to any legal matters.
