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Zemel Law

Debt Collection Harassment Lawyers in New York City

Debt collection harassment stress? Zemel Law eases the burden, protecting you from collection abuses. We have effectively pursued legal action in federal courts on behalf of consumers who have fallen victim to the wrong tactics employed by bill collectors and collection agencies.

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    While numerous collection agencies maintain professionalism in debt collection, some are not legitimate debt collectors. According to a survey conducted by CFPB, one in four consumers feel threatened when contacted by their creditors. Whether you're an individual or a business owner facing a stressful debt collection matter in New York, the threat to your financial stability and mental pressure should never be tolerated, especially when there are dedicated regulations to protect you.

    Unfortunately, many are unaware of the laws made to protect them against these unfair practices. Thus, it is highly important to collaborate with a skilled debt collection professional at Zemel Law. Our debt collection lawyers in New York are highly capable of guiding you through the complexities and taking timely and strategic actions to recover the debts owed to you. With vast experience in consumer protection, our goal is to assist you in reclaiming what you are rightfully owed, eventually restoring your financial stability.

    Remember, owning a debt doesn't mean tolerating harassment!

    Understanding Debt Collection Harassment in New York

    Debt collection harassment is a common issue faced by individuals dealing with owed money. Even though laws are in place to regulate creditor and debt-collector behavior, violations are still common. Creditors often resort to harassing or abusive tactics in an attempt to force debtors into payment, disregarding legal boundaries.

    Common instances of harassment may include incessant calls, threats, or other intimidating actions. Legal professionals like us can take action to protect the victims from further harassment and even help you recover damages for the emotional distress endured.

    Take action against the companies that may be violating your rights.

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    Signs You're a Victim of Debt Collection Harassment in New York

    Here are indicators suggesting potential harassment in debt collection and possible violations of the Fair Debt Collection Practices Act (FDCPA):

    Harassment by Debt Collectors

    It is considered harassment if a debt collector places repetitious calls or uses other forms of electronic communication to reach you constantly to harass or abuse you. Threatening violence or harm also comes under harassment.

    False Statements

    Debt collectors may provide inaccurate information about the total amount owed, exaggerating the debt to pressure you into paying more than is legitimately owed. Adding unauthorized fees, charges, or interest that were not part of the original agreement contributes to an inaccurate representation of the debt.

    Misrepresentation

    Some debt collectors may falsely represent themselves as attorneys, giving the impression of legal authority or implying imminent legal action when they do not have the legal credentials. They can also mislead you by posing as government officials or agents, creating a false sense of urgency, or implying severe consequences if you don't comply with their demands. Debt collectors are not government agents and should not act as such.

    Using Deceptive documents

    Debt collectors may even resort to sending fake documents that mimic official communications from legitimate entities, such as companies, courts, or governmental agencies. These fraudulent documents are designed to deceive individuals into believing they owe a debt or that a judgment has been entered against them. Using deceptive documents in this manner is not only unethical but also illegal.

    Issuing Deceptive Threats

    It is a violation of the law for debt collectors to falsely threaten wage garnishment, property seizure, or confiscation of an income tax refund, especially when the debt collection agency has not obtained a judgment against the individual.

    Discussing the Debt with Third Parties

    Debt collectors engaging in the inappropriate disclosure of your debt information to third parties is a violation of privacy and an unfair debt collection practice. This can be done in various ways, like revealing your financial situation to your friends, family, or employers. Such disclosures not only breach your confidentiality but also potentially damage personal and professional relationships. Additionally, if you have explicitly informed the debt collector that contacting your workplace is prohibited, persistent contact with your employer also represents a serious violation.

    Why You Need Our Debt Collection Harassment Lawyer Assistance in New York

    Here’s why you need the assistance in New York if you are facing debt collection harassment: -

    Expert Guidance on Debt Collection Rights and Strategies

    Zemel Law has an experienced team of debt collection lawyers in New York who hold immense knowledge and expertise, offering invaluable insights into the rights and options of individuals facing debt harassment. Our legal team is well-versed in guiding individuals through the intricacies of relevant laws, be it the FDCPA, The New York City Consumer Protection Law or other associated laws, when it comes to debt collection harassment. We also employ strategies like reviewing communication records, documenting violations of fair debt collection laws, negotiating settlements, and, if necessary, pursuing legal action against creditors.

    Demand for Verification

    The first thing that our New York debt collection lawyers do is formally request the collection agency to cease all communications and provide verification of the debt. This demand aims to ensure that the debt is legitimate and that the collection agency has proper documentation supporting its claim.

    After receiving the debt verification, our lawyers thoroughly review the documents to assess their validity. If there are any insufficiencies or discrepancies, we can use this information to potentially dismiss the debt or identify defenses against it.

    Negotiation and Defense

    In case the debt is deemed valid, the New York debt collection lawyer will engage in negotiations with the collection agency to reach a settlement. Alternatively, the attorney can communicate reasons for disputing the debt, presenting a strong defense against unwarranted collection efforts.

    Evidence Collection

    Our attorneys gather relevant evidence, such as correspondence records and communication logs, to substantiate claims of violations of fair debt collection laws. This evidence is crucial in supporting legal action and seeking compensation for any harm caused by the debt collection practices.

    Legal Threats and Action

    A debt collection harassment lawyer can also issue formal legal threats, warning of potential legal action if the collection agency persists in violating debt collection laws. If necessary, he can even file a lawsuit against the collection agency, seeking compensation for statutory violations and defending the individual's rights.

    Your Rights Protected Under Legal Acts and Clauses

    New York General Business Law Article 29-H

    New York General Business Law Article 29-H, often referred to as the “Debt Collection Procedures Law,” outlines regulations to prevent abusive debt collection practices. It prohibits deceptive tactics by debt collectors, such as false threats, unauthorized fees, and harassment. Violations may result in civil penalties. This legislation aims to protect consumers from unfair practices and ensure ethical conduct in debt collection processes within the state.

    The New York City Consumer Protection Law

    Also known as CPL, the New York City Consumer Protection Law prohibits deceptive and unconscionable trade practices related to the sale, lease, rental, or loan of consumer goods and services, as well as the collection of consumer debts. The Department of Consumer and Worker Protection has the authority to establish rules identifying and prohibiting such practices.

    FDCPA

    The Fair Debt Collection Practices Act (FDCPA) safeguards consumers by prohibiting debt collectors from using abusive, unfair, or deceptive practices in debt collection. Key provisions include preventing misrepresentation of the debt’s nature or amount, false claims of being an attorney, and threats of arrest. The FDCPA sets call time restrictions, prohibiting contacts before 8 AM or after 9 PM. It mandates debt collectors to honor workplace and home phone opt-outs, respect requests to cease workplace contacts, and refrain from harassment, false lawsuit threats, or unfair practices. This legislation ensures ethical conduct in third-party debt collection and protects consumers’ rights.

    Telephone Consumer Protection Act

    The Telephone Consumer Protection Act (TCPA) of 1991 was enacted in response to the surge in unregulated and harassing telemarketing calls and faxes. It imposes restrictions on telephone solicitations, including the use of automated phone equipment. The Act limits pre-recorded voice messages, automatic dialing, SMS, and fax use without explicit customer consent. Compliance with strict solicitation rules, honoring the National Do Not Call Registry, and obtaining customer consent is crucial under TCPA guidelines. Violations can lead to legal and financial penalties. Consumers are protected from invasive telemarketing practices, and solicitors must adhere to specific regulations, including restricted calling hours, identification requirements, and maintaining “do not call” lists. Both consumers and solicitors need to be aware of TCPA regulations to ensure compliance and protect their rights.

    Why Choose Us in New York?

    As business owners and professionals, your daily responsibilities are already extensive, and dealing with the additional burden of collecting owed debts can be overwhelming. Allow us to handle that task for you. Our highly experienced debt collection lawyers in New York, California, Massachusetts, and Washington County, are committed to prioritizing our clients' best interests, even in the face of complex cases. Contact us today at 862-271-2664 or visit zemellawllc.com!

    FAQs

    In New York City, consumers have rights protected by both federal and state laws, including the Fair Debt Collection Practices Act (FDCPA) and New York’s Debt Collection Procedures Law. These laws prohibit abusive or deceptive debt collection practices. Consumers have the right to dispute debts, request validation, and be free from harassment. Debt collectors must provide written notice of debts and cease communication upon request. Additionally, there are restrictions on contacting consumers at inconvenient times or using false or misleading representations. Consult local authorities or legal counsel for specific advice tailored to your situation.
    If you believe you’re being harassed by a debt collector in New York City, document the harassment, request written communication, and dispute the debt if needed. File a complaint with the Consumer Financial Protection Bureau (CFPB) and the New York Department of Financial Services. Consider consulting an attorney for personalized guidance.
    Yes, debt collectors in New York City must adhere to the Fair Debt Collection Practices Act (FDCPA) and New York’s Debt Collection Procedures Law. Violations can result in legal actions, fines, and potential damages to consumers. Consult legal resources for specific guidance on your situation.
    To document debt collection harassment, keep detailed records of all communications, noting dates, times, and content. Save voicemails and written correspondence. Take screenshots of any harassing messages. Keep a log of conversations with debt collectors, including names and details. This documentation can strengthen your case if legal action is needed.

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