The Federal Fair Debt Collection Practices Act, the New York City Customer Security Law Regulation 10 and New York City State Statute, General Service Law, Short Article 29-H, (the "State Statute") all prohibit threatening, intimidating and harassing collection treatments. The State Statute prohibits a collection representative from (a) threatening to communicate with your company prior to that representative obtaining a judgement versus you, (b) communicating with your family or household 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 appearing to be licensed, provided or authorized by a lawyer or the government to gather a debt.
If the collection agent sends you a letter requiring you pay without the reuired notice under the federal law concerning your confidentiality, your rights to challenge the debt an dgiving you the appropriate 30 days to react, then the debt collector is immediately accountable to you for any damages plus three times the quantity of your damages. Each infraction of the State Statute is a different misdemeanor offense. You can file accused of the State Attorney General Of The United States or your County District Attorney as well as request a limiting action against 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 certified mail, return invoice, to the owner/president and include in zfn processing 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 Chief law officer or the District Attorney's office (subjecting the collection business to misdemeanor charges) and (b) request a limiting action against the debt collection agency." If the collection business continues to abuse and harrass you, then go on and submit your grievances and charges.
This article is definitely not all inclusive and is planned only as a short description of the legal problem provided. Not all cases are alike and it is strongly suggested that you seek advice from an attorney if you have any concerns with respect to any legal matters.
