The Federal Fair Debt Collection Practices Act, the New York City City Consumer Protection Law Guideline 10 and New York City State Statute, General Company Law, Article 29-H, (the "State Statute") all forbid threatening, pestering and daunting collection treatments. For example, the State Statute restricts a collection agent from (a) threatening to communicate with your company prior to that agent obtaining a judgement versus you, (b) communicating 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) simulating any judicial or legal process or appearing to be licensed, issued or authorized by the federal government or an attorney to collect a debt.
Also, if the collector 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 suitable 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 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 and also demand a restraining action versus the collection company to stop it from continuing abuse and harassment.
If you feel mistreated or harassed by a debt collector, call that agency and get the name and address of the owner/president. Send your written grievance, by certified mail, return invoice, to the owner/president and consist of in your letter that you "believe that agency is breaching ZFN Associates the Federal Fair Debt Collection Practices Act and other state and local laws which you will (a) file problems with the Chief law officer or the District Attorney's office (subjecting the collection business to misdemeanor charges) and (b) demand a limiting action versus the collection agency." If the collection company continues to abuse and harrass you, then go ahead and file your problems and charges.
This post is definitely not all inclusive and is planned only as a short description of the legal concern presented. Not all cases are alike and it is strongly suggested that you consult a lawyer if you have any concerns with respect to any legal matters.
