Dealing with Debt Collectors In New York City, NY & Surrounding Areas

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Your Rights Under the Fair Debt Collection Practices Act

If you are dealing with a debt collector, or have a debt that may soon go to collection, it's important to know what debt collection agencies can and cannot do. Not only can you use your knowledge of these laws to protect yourself from harassment, but if a collector violates one of these laws, you may be able to: (1) sue the debt collector for damages, or (2) use the violation to negotiate a better settlement.

What is the Fair Debt Collection Practices Act?

The Fair Debt Collection Practices Act (FDCPA), is a United States statute added in 1977 as Title VIII of the Consumer Credit Protection Act. Its purposes are to eliminate abusive practices in the collection of consumer debts, to promote fair debt collection, and to provide consumers with an avenue for disputing and obtaining validation of debt information in order to ensure the information's accuracy. The FDCPA creates guidelines under which debt collectors may conduct business, defines rights of consumers involved with debt collectors, and prescribes penalties and remedies for violations of the FDCPA.

What Are Some Common Violations of the Fair Debt Collections Practices Act?

1) Not providing you with the “Mini-Miranda.”

In the first communication with you, the debt collector has to tell you that it is a debt collector, attempting to collect on a debt, and that any information obtained will be used for that purpose. In all communications after the first communication with you, a debt collector has to tell you that it is a debt collector.

This is by far the most common violation that Debt Collectors commit. This violation is most commonly seen when leaving a message on your answering machine or voicemail. Typically, a debt collector will leave a message giving you their name and say they are calling regarding a “personal business matter with their office” and give you a number to call back. The phone number they give you will then be for the Debt Collector’s office. If the message they leave does not state that the person calling is a debt collector they have violated the Fair Debt Collection Practices Act. In addition, if on the voicemail they do not identify the name of the Debt Collection company they are calling from that is also a violation. Both violations are commonly seen in the same voicemail.

If you receive a voicemail or message on your answering machine from a debt collector DO NOT ERASE IT. Keep the message saved, One of our attorneys will listen to the message to let you know if the message violated the FDCPA.

2. Continuing to call you after you have already told the debt collector not to:

3. Telling someone other than you or your spouse details about your collection account(s) without prior authority from you.

4. Calling you at work after you have told the debt collector not to contact you at work.

5. Falsely threatening to garnish your wages prior to a lawsuit being filed against you for the debt.

6. Repeated harassing phone calls including calling multiple times a day to annoy, abuse or harass.

7. A debt collector cannot call you at times that it knows or should know to be inconvenient. The FDCPA states that they should not call you before 8 a.m., or after 9 p.m. It is also illegal for a debt collector to call you after you have told them it would inconvenience you for them to continue to call you at a certain specific time or time period, such as calls while you are working.

What Can You Do If You Think a Debt Collector has Violated the FDCPA?

You can sue debt collectors for their unfair treatment and violations of the law. If successful, you may be able to collect $1,000 in statutory damages, and possibly more if you suffered harm from the violations. In addition, the debt collector will have to pay our attorney’s fees so there are no out of pocket expenses for you.

What Should I Do About the Collection Calls and Letters I Receive?

If You Pick Up the Phone:

Take notes of the conversation. Make sure you write down the name of the debt collector that is calling you and the date and time of the phone call. Make sure you get whatever information you have on the name of the individual calling you and what the Debt Collector said to you during the phone call.

If You Get Collection Letters:

Save all of the letters, never thrown them away. Debt Collectors commonly commit violations in the letters they send because the letters contain false, deceptive of misleading statements. Violations in collection letters are very common. Throwing away the letters could be throwing away $1,000 if there is a violation in one of them.

If You Get Phone Messages:

Save the voicemail or message on your answering machine. Never erase it. The recording is the best evidence you can have of a potential violation. Our office can record the message on a tape recorder or you can forward the voicemail to one of our attorneys cell phones to preserve the evidence.

We’re here to help! Simply call (516) 326-2333 to learn more!