EVERY DAY we receive hundreds of E-mails and phone calls from people dealing with Debt Collectors for the first time.  Many of the letters are heart-breaking:  Bank accounts are emptied without permission, judgments granted on debts that are not really yours; jobs are placed at risk by collectors contacting the employer;  neighbors harassed for personal information in an effort to shame you into coming up with money.  Each story is different and has its own sad ending.

●  When a Stranger Calls 

Under Provisions of Federal Law, The Fair Debt Collection Practices Act

It is Illegal for Debt Collectors to:

• Imply that failure to pay the debt could result in arrest, imprisonment, or garnishment of wages;

• Call consumers at work when they knew the consumers' employers prohibited such calls;

• Talk with third parties, including neighbors, children, and employers, for purposes other than acquiring location information about consumers, without consumers' consent;

• Cause the telephone to ring, or engage a person in telephone conversations, repeatedly or continuously, with the intent to annoy, abuse, or harass a consumer;

• Threaten to take action -- such as filing a lawsuit -- when they did not intend to do so;

• Call consumers at times or places that they knew or should have known were inconvenient;

• Fail to notify consumers of their right to dispute and obtain verification of their debts, and to obtain the name of the original creditor  

• Continue to try to collect debts after consumers disputed them in writing, and before verifying the debts.

• Use obscene or profane language

Consumer Frauds Division  Buffalo Regional Office

Violations of the FDCPA or consumer complaints against collectors in New York State should be directed to the Office of the Attorney General. Tape recordings (where legal) of the laws being broken are especially helpful. Complaint forms are here:  PDF     Website: www.oag.state.ny.us

Direct line in Buffalo is 716-856-8404

Fax: (for completed forms)  716-853-8414

Let's not bother these folks with petty or simple questions, but take the time to complete the form and get the recordings in their hands.  They are pro-active and they will eventually stop an agency from acting illegally.

●  Thinking of Taking a Judgment?