Can creditors threaten or harass a debtor in order to collect a debt?

No, creditors cannot threaten or harass a debtor in order to collect a debt in New York. The Fair Debt Collection Practices Act (FDCPA) protects consumers from unfair or deceptive debt collection practices. Under the FDCPA, creditors are prohibited from using threats of violence or harm against a debtor, using obscene or profane language when communicating with a debtor, and publishing a list of debtors who refuse to pay their debts. Additionally, creditors cannot falsely represent the amount of debt owed, threaten to take legal action against the debtor when they have no intention of doing so, or contact the debtor at inconvenient times or places. Creditors also are not allowed to contact a debtor’s friends, family, or employer about the debt unless the debtor has given explicit permission for them to do so. If a debtor believes they are being illegally harassed or threatened, they can report the creditor to the Federal Trade Commission, the Consumer Financial Protection Bureau, or their local state consumer agency. They also have the right to take the creditor to court. In short, creditors in New York must follow the Fair Debt Collection Practices Act when attempting to collect a debt, and may not threaten or harass a debtor under any circumstances.

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