Protecting Your Rights Against Debt Harassment in New York City

New York Consumer Protection Lawyer

Debt collectors are required to follow specific rules under creditor harassment legislation. If you are facing harassment from debt collectors, understanding your rights is crucial. The Fair Debt Collection Practices Act (FDCPA) outlines clear guidelines to protect you from abusive practices.

Debt Collector Requirements Under FDCPA

Under the FDCPA, debt collectors must:

• Provide certain information in all communications regarding debt collection.
• Not pursue collections while a debt is in dispute.
• Not mislead the debtor to collect a debt.
• Only phone at certain times of the day — and with limited frequency.
• Not contact employers, family members, or other third parties.
• Not use obscene language or threaten actions that can’t be taken.
• Restrict the information provided on the outside of an envelope or other places that may be visible to outsiders.
• Not use formatting or emblems that create the impression that documents are from a court, law enforcement officer, or other governmental entity.

Identifying Unlawful Debt Collection Practices

If you’ve been followed up by debt collectors, you may have experienced some or all of these strategies but you may not even be aware that they are unlawful under the terms of the FDCPA.

Exercising Your Right to Be Free from Creditor Harassment in New York

Despite the protections provided by existing legislation, harassment, dishonesty, and abuse from creditors remains a problem in New York. Every year, thousands of complaints are made by New York residents to the FDCPA about debt collection practices, including many cases of agencies trying to collect debts that are not owed. Many more cases go unreported or reported to other agencies. Sometimes, people do nothing because they’re not aware of their rights. Others appoint debt defense lawyers to fight false claims and these cases also go unreported.

Protecting and Exercising Your Rights

You can protect and exercise your rights by keeping accurate information about the debt collection practices used against you. This includes keeping records of:

• All debt collection letters and notices you receive.
• Envelopes that contain key information such as the name of a collection agency that labels the communication as relating to a debt.
• The times and dates of telephone calls, the relevant phone numbers, the name of the person you spoke to and how they identified themselves, as well as a summary of what you discussed.
• Threats or abusive language used against you.

Using Your Records

As long as you keep accurate records of what happened, you may use the information in one or more of the following ways:

• Make a claim to a governmental agency that pursues enforcement actions against debt collectors.
• Pursue a direct claim with a debt defense lawyer under the relevant legislation.
• Use the creditor harassment violations as leverage against the collector to negotiate your debt.

The most important thing is that you do something and not just accept abuse, misconduct, or harassment from debt collectors.

When and Where Can a Debt Collector Call You?

Under the FDCPA, you are protected from disruptive phone calls from collectors. There are specific rules for the timing and nature of the communications. Collectors cannot call you before 8 am or after 9 pm but emails or text messages can be sent at any time. Repeated calls about the same issue even between 8 am and 9 pm are not allowed, and they cannot call you at work if you ask them not to. Also, if you have disputed the debt in writing, they are prohibited from calling you about it. Debt collectors are also prohibited from telling your friends, family, or coworkers about the debt.

Book a Consultation

Our debt defense lawyer represents individuals, families, and businesses in New York and can help you navigate your legal issue with compassion and experience. Contact us or call at 646-713-1008 today for a free 15-minute phone consultation about your case.

New York State Creditor Harassment Laws

The federal Fair Debt Collection Practices Act only protects you from unscrupulous third-party debt collectors, such as collection agencies and debt buyers — not the original creditors. Under federal law, your credit card company, mortgage provider, or car loan company can take more forceful action against you than a debt collection agency appointed to recover the debt.

However, in New York, the state has additional statutes that outline the acceptable and reasonable steps that debt collectors can take to enforce and collect payment of debts. These protections extend to those facing inappropriate collection action by the original creditor as well as third-party debt collectors.

Can You Sue Your Debt Collector Due to Harassment?

If a creditor or debt collection agency breaks the creditor harassment laws, you can sue them in New York. That’s why it’s so important to keep detailed records of your communications from the moment they start contacting you about the debt. If you can prove that the debt collector violated state or federal laws, you can stop the harassment and hold them accountable.

Potential Damages from a Case

The potential damages award from such a case can help you:

• Cover the entire debt (if it ever existed)
• Avoid Chapter 7 bankruptcy
• Restructure a debt if necessary

Contact Mallon Consumer Law

If debt collectors have violated any rules under state or federal legislation, Mallon Consumer Law can assist you in holding them accountable. Our debt defense lawyer represents individuals, families, and businesses in New York and can help you navigate your legal issue with compassion and experience. Contact us or call at 646-713-1008 today for a free 15-minute phone consultation about your case.