for New Yorkers...

Debt Collection Agencies

Who Are They?
First, the Federal Fair Debt Collection Law regulates debt collectors who contact you on behalf of your creditor. This includes attorneys who collect debts on a regular basis.


How May They Contact You?
A debt collection agency is allowed to contact you in person, by mail, telephone, telegram or fax. This agency is restricted, however, from contacting you at inconvenient times or places, for example, before 8 AM or after 9 PM, unless you agree. A debt collection agency is prohibited from contacting you at your place of employment if the agency knows that your employer disapproves.

How Can You Stop Them From Calling You?
You must write a letter to the debt collection agency to ask that they stop calling you. Once an agency receives your letter, they may not contact you any further except to inform you that there will be no further contact or that their agency or the creditor intends to takes some specific action.

Harassing or Abusive Tactics: Debt collection agencies are prohibited from the following harassing or abusive tactics:


use of or threatening violence or criminal means to harm you;
use of obscene or profane language;
advertising your debt for sale;
telephoning you repeatedly or continuously with the intent to annoy or harass; or
placing telephone calls without meaningful disclosures of their identity.
False or Misleading Representations: Debt collection agencies may not deceive you with:


false representations that they are government representatives;
falsely represent that they will seize, garnish or sell any property or wages unless such action is lawful;
false representations that you have committed a crime or that you will be arrested or imprisoned;
threats to communicate false credit information with any other person;
falsely implying that the debt collector is employed by a credit bureau;
false representations implying that they are attorneys or that there is the involvement of an attorney in collecting a debt;
falsely indicating the legal status of papers or forms sent to you;
use of a false name;
misrepresenting the amount of the debt; or
sending you something resembling an official document from a court or governmental agency when it is not.