The Federal Fair Debt Collection Practices Act, the New York City City Customer Protection Law Guideline 10 and New York City State Statute, General Company Law, Article 29-H, (the "State Statute") all forbid threatening, frightening and pestering collection procedures. The State Statute restricts a collection agent from (a) threatening to interact with your employer prior to that representative acquiring a judgement against you, (b) interacting with your family or family at such frequency or at such unusual hours as can reasonably be anticipated to be abusive or harassing, or (c) imitating any legal or judicial procedure or appearing to be licensed, issued or authorized by a lawyer or the government to collect a debt.
Also, if the collector sends you a letter requiring you pay without the reuired notice under the federal law regarding your privacy, your rights to contest the debt an dgiving you the appropriate One Month to respond, then the debt collector is instantly liable to you for any damages plus three times the amount of your damages. Each offense of the State Statute is a separate misdemeanor offense. You can submit charges with the State Attorney General or your County District Attorney as well as request a limiting action against the collection business 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 pestered by a collection agency. Send your written problem, by certified mail, return invoice, to the owner/president and include 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) 702-780-0429 file complaints with the Chief law officer or the District Attorney's office (subjecting the collection business to misdemeanor charges) and (b) request a restraining action against the debt collection agency." If the collection company continues to abuse and harrass you, then go on and submit your charges and grievances.
This post is certainly not all inclusive and is planned only as a short description of the legal issue 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.
