L. 95-109; 91 Stat. 874, codified as 15 U.S.C. Definitions. The debt collector must stop all debt collection activities until it can “verify” the debt. The FDCPA establishes federal guidelines for debt collectors that must be adhered to by any debt collection agency. 1601 et seq., and debt collectors should look to applicability of that law for guidance on who is considered a “debt collector” for purposes of the regulation. Know Your Rights! However, it is vital that consumers facing collections actions realize that they do, in fact, have rights, and these rights fall largely under the Fair Debt Collection Practices Act (FDCPA). If you believe that a collector has behaved inappropriately while attempting to collect a debt from you in New York, our attorneys can help you to determine whether the FDCPA provides you with a legal remedy. Debt collectors can be persistent, even to the point of becoming harassing and threatening at times. The Fair Debt Collection Practices Act outlines the rules that debt collectors must follow when attempting to collect a debt. Much of the definition of debt collector in 23 NYCRR 1 parallels the federal Fair Debt Collection Practices Act, 15 U.S.C. Auto loans, home loans, medical bills, and credit card accounts are all considered personal debts. Similar to the FDCPA, the focus of the regulations is statute of limitation disclosures, general collection, debt validation requirements and email communications. Learn what debt collectors can’t do, the difference between third party & in-house collection, & your rights as a consumer. If you are being hounded by debt collectors, contact a New York bankruptcy lawyer to find out if your rights are being violated under the Fair Debt Collections Practices Act (FDCPA). The Fair Debt Collection Practices Act (FDCPA) (15 USC 1692 et seq. RIGHT TO DISPUTE THE DEBT: Within 30 DAYS of receiving notice of the debt from the debt collector, you can send a letter to the debt collector disputing the debt and requesting the name and contact information of the original creditor. New York Code 29-H (Debt Collection Procedures). The FDCPA was signed into law in 1978. Congress created the Fair Debt Collection Practices Act (FDCPA) in 1977 to stop abusive practices by third-party debt collectors. The Fair Debt Collection Practices Act, commonly referred to as the FDCPA, is a federal law that governs the actions of parties acting as third-party debt collectors for personal debts. To learn more about the FDPCA, go to Federal Debt Collection Practices Act. The New York Fair Debt Collection Practices Act was expanded upon in early 2015 by New York Governor Andrew Cuomo and the New York Department of Financial Services. ), which became effective in March 1978, was designed to eliminate abusive, deceptive, and unfair debt collection practices. A. The Fair Debt Collection Practices Act (FDCPA), Pub. § 600. The Fair Debt Collection Practices Act. The FDCPA forces consumer debt collectors to follow guidelines and regulates how they must behave when attempting to collect on a debt… Fair Debt Collection Practices Act Debt Collection in New York. As used in this article, unless the context or subject matter otherwise requires: 1. Debt collection abuse can take many forms, from abusive phone calls, threatening or deceptive collection letters to sharing information about your debts with family members, friends, and others.