Lawyers Investigate Claims of Violations of New York Debt Collection Regulations

If you live in New York and have been repeatedly contacted by a debt collector, you may have a legal claim.

As the industry of companies that collect debt grows, more and more consumers are claiming that debt collectors have been violating New York debt collection regulations, harassing debtors and contacting them repeatedly. Lawyers are investigating New Yorkers’ claims made by individuals alleging that they experienced illegal conduct by debt collectors.

New York debt collection regulations are some of the nation’s most stringent. In 2015, New York amended its debt collection laws to incorporate more consumer protection against debt collectors. Nonetheless, many consumers still report being harassed by debt collectors who violate New York state’s debt collection laws.

New York’s strict laws prohibiting consumer harassment apply to debt collectors, not an original creditor collecting its own debts. They also do not apply to the collection of business debt. Lawyers are investigating claims of harassment and repeated, illegal contact of private citizens by debt collectors.

In many cases, consumers are being harassed for debts they do not owe, like debts that have passed the statute of limitations, debts settled in a number of ways, or even debts simply already paid. This can occur because debt collecting companies often have very little information on the debts they purchase.

Some practices debt collectors are prohibited from using under the 2015 New York debt collection regulations are:

• sending confusing letters intentionally misleading individuals about the nature of the debt allegedly owed
• communicating with third parties about an individual’s debt
• communicating with individuals who have notified them in writing to stop contact
• making threats to alleged debtors in an attempt to scare or intimidate them into paying debts
• harassing someone who is alleged to owe a debt with repeated or abusive contact
• tacking fees and collection charges onto an existing debt
• calling individuals too often, or calling outside the hours of 8 am to 9 pm
• “robo-calling” individuals
• collecting old debts that have passed the statute of limitations
• collecting debts not owed
• making false reports to credit reporting agencies

Since 1978, federal law has afforded individuals against harassment by debt collectors. The Fair Debt Collection Practices Act (FDCPA) was passed in 1978, establishing different debt collection rules for crediting institutions and debt collectors. This law not only protects individuals from harassment, but enables them to challenge crediting institutions and to determine validity and accuracy of alleged debts.

The FDCPA defines a debt collector as anyone who regularly collects owed debts, including companies who purchase delinquent debts and attempt to collect on them, debt collection lawyers helping crediting companies, debt collection firms, and debt collection agencies.

The 2015 New York debt collection regulations strengthen individuals’ rights and protections even further against these debt collectors.

If an individual files a valid legal claim and a debt collector is found to have violated the FDCPA, the individual is entitled to receive $1,000 in statutory damages, in addition to determined actual damages they suffered. This can include financial damages, but also can include damages such as emotional distress.