The Federal Fair Debt Collection Practices Act, the New York City Customer Security Law Policy 10 and New York State Statute, General Business Law, Article 29-H, (the "State Statute") all forbid threatening, daunting and bothering collection procedures. For instance, the State Statute forbids a collector from (a) threatening to interact with your employer prior to that agent acquiring a judgement versus you, (b) interacting with your household or home at such frequency or at such unusual hours as can reasonably be anticipated to be violent or harassing, or (c) replicating any legal or judicial process or seeming licensed, provided or approved by the federal government or a lawyer to gather a debt.
If the collection representative sends you a letter requiring you pay without the reuired notice under the federal law regarding your confidentiality, your rights to challenge the debt an dgiving you the suitable 30 days ZFN & Associates to respond, then the debt collector is instantly responsible to you for any damages plus three times the amount of your damages. Each offense of the State Statute is a different misdemeanor offense. You can file accused of the State Chief Law Officer or your County District Attorney and also request a limiting action against the collection company to stop it from continuing abuse and harassment.
Call that agency and get the name and address of the owner/president if you feel mistreated or pestered by a collection agency. Send your written problem, by licensed mail, return invoice, to the owner/president and consist of in your letter that you "believe that agency is breaching the Federal Fair Debt Collection Practices Act and other state and local laws which 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 against the debt collector." If the collection company continues to abuse and harrass you, then proceed and file your charges and problems.
This post is certainly not all inclusive and is planned only as a quick explanation of the legal concern presented. Not all cases are alike and it is strongly suggested that you consult a lawyer if you have any questions with respect to any legal matters.
