The Federal Fair Debt Collection Practices Act, the New York City Consumer Defense Law Policy 10 and New York State Statute, General Organisation Law, Post 29-H, (the "State Statute") all restrict threatening, daunting and bothering collection treatments. The State Statute restricts a collection representative from (a) threatening to interact with your employer prior to that representative acquiring a judgement versus you, (b) interacting with your family or family at such frequency or at such unusual hours as can fairly be expected to be abusive or harassing, or (c) imitating any legal or judicial procedure or appearing to be licensed, issued or authorized by the government or a lawyer to collect a debt.
Likewise, if the collection agent 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 the proper Thirty Days to react, then the debt collector is automatically liable to you for any damages plus 3 times the ZFN & Associates amount of your damages. Each offense of the State Statute is a separate misdemeanor offense. You can submit charges with the State Chief Law Officer or your County District Attorney and also demand a restraining action versus the collection company to stop it from continuing abuse and harassment.
Call that agency and get the name and address of the owner/president if you feel mistreated or harassed by a collection agency. Send your composed problem, by licensed 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) demand a restraining action versus the collection agency." If the collection business continues to abuse and harrass you, then proceed and file your problems and charges.
This post is certainly not all inclusive and is meant just as a brief description of the legal issue presented. Not all cases are alike and it is highly recommended that you speak with a lawyer if you have any questions with respect to any legal matters.
