New York Fair Debt Collection Law
New York General Business Law Sections 600 to 603 deal with debt collection agencies. The prohibited debt collector practices in many ways mirror the federal Fair Debt Collection Practices Act. [link to: http://stopcollector.com/1a-debt-collection.php ] For example, the law says that:
- A debt collector can't pretend or lead to you belief that he is a police officer or a representative of a government agency
- A debt collection agency can't tack on attorney fees or court costs
- A debt collector can't disclose or threaten to disclose false information to credit bureaus
- A debt collection agency can't communicate or threaten to communicate information about your debt to your employer unless you've authorized it
- A debt collector can't disclose or threaten to disclose information about a disputed debt without disclosing that it's being disputed
- A debt collector can't call you repeatedly or at odd hours of the day or night
- A debt collection agency can't threaten you with legal action if it's not planning to take legal action against you
- A debt collection agency can't send you legal or official-looking documents that might mislead you into thinking they're from an attorney, the court, or a governmental agency
In addition to New York state law, New York City has regulations saying that debt collectors must have proof that you are the person who owes a debt (rather than someone with your same name) before they call you.
New York law doesn't allow consumers to sue debt collection agencies, so if you've been the victim of debt collector harassment, your best bet is to use the federal Fair Debt Collection Practices Act (FDCPA) to bring the debt collection agency to justice. The FDCPA makes certain debt collector tactics illegal, and gives you the right to sue a debt collection agency in federal court. If the debt collection agency has broken the law, you can receive actual expenses, attorney fees, and up to $1,000.
With the help of a fair debt attorney, you can often reach a settlement with a debt collection agency that either puts money in your pocket or erases part or all of that debt. Complete the form to the right, and the legal team at StopCollector.com will provide you with a free case evaluation. If the debt collector has violated the FDCPA, we'll take your case absolutely free.
File a Complaint
If you've been the victim of illegal fair debt or fair credit practices, you should file a complaint with the New York Attorney General. Often, attorneys general use consumer complaints as the basis for filing lawsuits against debt collection agencies. Filing a complaint is a way of making your voice heard, and of helping to put a stop to unethical debt collection practices.
You can download a complaint form or file an online complaint with the New York Attorney General's office by clicking here.
Here's the contact information to call or send a written complaint to the New York Attorney General:
Office of the Attorney General
Consumer Frauds Bureau
The Capital
Albany, NY 12224-0341
518-474-7330 or 800-771-7755
You should also file a complaint with the Federal Trade Commission (FTC). The FTC is responsible for enforcing the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. It looks at patterns of consumer complaints and holds shady debt collection agencies accountable by suing them and fining them. It’s also required to provide Congress with an annual report about debt collection and credit reporting practices that includes the number of consumer complaints filed. You can file a complaint with the FTC by clicking here.
