The Federal Fair Debt Collection Practices Act, the New York City Consumer Defense Law Policy 10 and New York State Statute, General Organisation Law, Short Article 29-H, (the "State Statute") all prohibit threatening, daunting and harassing collection treatments. The State Statute forbids a collection representative from (a) threatening to communicate with your company prior to that agent getting a judgement versus you, (b) communicating with your household or household at such frequency or at such uncommon hours as can reasonably be expected to be violent or harassing, or (c) mimicing any judicial or legal process or appearing to be licensed, provided or approved by a lawyer or the government to gather a debt.
Also, if the collector sends you a letter demanding you pay without the reuired notification under the federal law concerning your confidentiality, 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 quantity of your damages. Each violation of the State Statute is a different misdemeanor offense. You can file accused of 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.
If you feel abused or pestered by a collection agency, call that agency and get the name and address of the owner/president. Send your written problem, by certified mail, return receipt, to ZFN and Associates Robocalls 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) file complaints with the Attorney general of the United States or the District Attorney's office (subjecting the collection company to misdemeanor charges) and (b) demand a restraining action versus the collection agency." If the collection company continues to abuse and harrass you, then proceed and file your complaints and charges.
This short article is definitely not all inclusive and is intended just as a brief explanation of the legal concern presented. Not all cases are alike and it is highly advised that you consult a lawyer if you have any concerns with respect to any legal matters.
