What is the responsibility of a debt collector with regards to debt collection and accuracy of information?
In New York, debt collectors have a responsibility to accurately collect and report debt information. This includes a duty to properly verify a consumer’s identity, the debt amount, and the details of the debt. Any debt collector who contacts delinquent consumers must provide certain information, including their name, the name of the creditor, and the purpose of the communication. The New York Collection Defense Law also requires debt collectors to provide certain information in writing within five days of initially contacting a consumer. This includes specific details about the debt, including the amount owed, the name of the creditor, and how to dispute the debt. Debt collectors must also comply with the Fair Debt Collection Practices Act, which prohibits debt collectors from using unfair or harassing practices in collecting debt, including making false or misleading statements. Debt collectors are also prohibited from discussing a debt with third parties or attempting to contact consumers after they have been asked to stop. Finally, the New York Collection Defense Law also requires debt collectors to accurately record and maintain information that is used to collect the debt. This includes accurate records of payments received and other information related to the debt collection process. Any inaccurate information that is provided to a consumer must be corrected and updated with the correct information.
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