| Fair Debt Collection
Practices:
Chptr. 20, Art. 29-H, Sec. 600, et seq., of the New York State Consolidated Laws (Debt
Collection Procedures), prohibits specific debt collection acts which involve consumer
transactions. Acts prohibited include:
1. Simulate in any manner a law
enforcement officer, or a representative of any governmental
agency of the state of New York or any of its political subdivisions; or
2. Knowingly collect, attempt to collect, or assert a right to
any collection fee, attorney's fee, court cost or expense
unless such changes are justly due and legally chargeable against the debtor; or
3. Disclose or threaten to disclose information
affecting the debtor's reputation for credit worthiness with knowledge
or reason to know that the information is false; or
4. Communicate or threaten to communicate the nature of a
consumer claim to the debtor's employer prior to
obtaining final judgment against the debtor. The provisions of
this subdivision shall not prohibit a principal
creditor from communicating with the debtor's employer to execute a wage
assignment agreement if the debtor has consented to such an
agreement; or
5. Disclose or threaten to disclose
information concerning the existence of a debt known to be
disputed by the debtor without disclosing that fact; or
6. Communicate with the debtor or any
member of his family or household with such frequency or at such unusual hours or
in such a manner as can reasonably be expected to abuse or harass the
debtor; or
7. Threaten any action which the principal creditor
in the usual course of his business does not in fact take; or
8. Claim, or attempt or threaten to enforce a right with
knowledge or reason to know that the right does not exist; or
9. Use a communication which simulates in
any manner legal or judicial process or which gives the appearance of
being authorized, issued or approved by a government, governmental
agency, or attorney at law when it is not.
The statute further provides for criminal penalty for violation of the prescribed
prohibited acts. |
