How do I determine if a debt collector is in violation of state collection laws?

In New York, determining if a debt collector is in violation of state collection laws can be tricky. Generally, debt collectors in New York are subject to the Fair Debt Collection Practices Act, which regulates how they can contact and collect from debtors. Under New York collection defense laws, debt collectors must provide written notice to debtors of their rights before they can begin collection efforts. This notice must include the amount of the debt, the name of the creditor, and a statement that the debtor has a right to dispute the debt. Debt collectors are also prohibited from harassing or abusive behavior. This includes using profane language, threatening physical harm, calling excessively, or making repeated phone calls with the intent to annoy or harass the debtor. Additionally, debt collectors are prohibited from making false or misleading statements in an effort to collect on a debt. This includes providing false or misleading information about the debt or the creditor’s legal rights to collect the debt. Debt collectors must also be aware of New York’s statute of limitations, which dictates the length of time in which legal action can be taken to collect a debt. Under New York law, creditors have six years to collect on a consumer debt. If they try to collect on a debt that is past the six-year statute of limitations, they could be in violation of state collection laws. If you believe a debt collector is in violation of state collection laws, you should contact an experienced consumer protection attorney. An attorney can provide guidance and assistance in determining if the debt collector is in violation of state and federal collection laws.

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How do I determine if a debt collector is in violation of state collection laws?

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