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, pestering and daunting collection procedures. For instance, the State Statute forbids a collector from (a) threatening to communicate with your company prior to that representative obtaining a judgement against you, (b) communicating with your household or family 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 procedure or appearing to be licensed, provided or approved by an attorney or the federal government to collect 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 dispute the debt an dgiving you ZFN and Associates Robocalls the proper 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 Attorney General or your County District Attorney as well as request a restraining action versus the collection company to stop it from continuing abuse and harassment.
If you feel mistreated or bothered by a debt collector, 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 your letter that you "think that agency is violating the Federal Fair Debt Collection Practices Act and other state and regional laws which you will (a) file grievances with the Chief law officer or the District Attorney's office (subjecting the collection business to misdemeanor charges) and (b) request a limiting action versus the debt collection agency." Go ahead and submit your charges and problems if the collection company continues to abuse and harrass you.
This short article is definitely not all inclusive and is meant only as a brief description of the legal issue provided. If you have any concerns with respect to any legal matters, not all cases are alike and it is highly advised that you speak with a lawyer.
