New York State has enacted a state debt collection law which closely tracks and parallels the federal FDCPA. Unlike the FDCPA, however, the state law does not provide for victims to bring their own lawsuit to enforce these protections – the state attorney general is responsible for enforcement.
Residents of New York City are also within the protection of the New York City Consumer Protection Law, which provides substantial additional protection to debtors. Debt collectors operating within the city must obtain a special license, as well as comply with additional regulations concerning permitted collection tactics, disclosure requirements, and debt validation. Like the state law, however, the city law does not provide for victims to bring their own lawsuit to enforce the law.
Thus, New York residents faced with abusive or harassing collection tactics will receive the most protection and benefit from the 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.
To learn more about the FDPCA, go to Federal Debt Collection Practices Act.
New York Code 29-H (Debt Collection Procedures).
