The Federal Fair Debt Collection Practices Act, the New York City City Consumer Defense Law Guideline 10 and New York City State Statute, General Organisation Law, Short Article 29-H, (the "State Statute") all prohibit threatening, daunting and bothering collection treatments. For example, the State Statute restricts a collection agent from (a) threatening to interact with your employer prior to that agent getting a judgement against 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 seeming authorized, 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 contest the debt an dgiving you the appropriate 30 days to respond, then the debt collector is instantly liable to you for any damages plus 3 times the amount of your damages. Each offense of the State Statute is a separate misdemeanor offense. You can submit charges with the State Chief Law Officer or your County District Attorney and also demand a restraining action versus 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 abused or bugged by a collection agency. Send your written problem, by licensed mail, return invoice, 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 which you will (a) file complaints ZFN ASSOCIATES 702-780-0429 with the Chief law officer or the District Attorney's office (subjecting the collection business to misdemeanor charges) and (b) demand a restraining action versus the collection agency." Go ahead and submit your charges and complaints if the collection business continues to abuse and harrass you.
This post is certainly not all inclusive and is planned only as a short description of the legal issue provided. If you have any questions with respect to any legal matters, not all cases are alike and it is highly recommended that you speak with a lawyer.
