The Fair Debt Collection Practices Act (FDCPA) prohibits harassment or abuse in collecting a debt such as threatening violence, use of obscene or profane language, publishing lists of debtors who refuse to pay debts, or even harassing a debtor by repeatedly calling the debtor on the phone. This Act sets forth strict rules regarding communicating with the debtor.
The collector is restricted in the type of contact he can make with the debtor. He can't contact the debtor before 8:00 a.m. or after 9:00 p.m. He can contact the debtor at home, but cannot contact the debtor at the debtor's club or church or at a school meeting of some sort. The debtor cannot be contacted at work if his employer objects. If the debtor tells the creditor the name of his attorney, any future contacts must be made with the attorney and not with the debtor.
Title: New York Letter Informing Debt Collector as to Days and Time Collector May Contact Debtor: A Comprehensive Guide Introduction: In New York, debt collectors are subject to specific regulations and restrictions when it comes to contacting debtors. Debtors have rights and protections under the Fair Debt Collection Practices Act (FD CPA) and the New York State Debt Collection Procedures Law (DCL). To ensure compliance with these laws, debtors can send a "New York Letter Informing Debt Collector as to Days and Time Collector May Contact Debtor." This letter outlines the debtor's preferences regarding when and how they prefer to be contacted by the debt collector. Types of New York Letters Informing Debt Collector as to Days and Time Collector May Contact Debtor: 1. Standard New York Letter: The standard New York Letter is a formal communication from the debtor to the debt collector, in which the debtor specifies their desired days and times for debt collection contact. This letter is crucial for establishing boundaries and ensuring that the debt collector operates within the legal framework. 2. Revised New York Letter: In case the debtor's circumstances change, or if they have previously sent a New York Letter but want to update their preferences, they can send a revised New York Letter to the debt collector. This ensures that both parties have the most up-to-date information regarding contact preferences. 3. Cease and Desist New York Letter: If the debtor wishes to cease all contact from the debt collector entirely, they can send a Cease and Desist New York Letter. This letter demands that the debt collector stop all communication attempts immediately, except for specific instances where the law allows contact, such as providing legal notices or filing lawsuits. Content of New York Letter Informing Debt Collector as to Days and Time Collector May Contact Debtor: 1. Effective Date: Clearly state the effective date of the letter upon which the debt collector should begin adhering to the specified preferences. 2. Debtor's Contact Information: Include the debtor's full name, address, phone number, and any other relevant contact information to ensure the accuracy of future communication. 3. Debt Collector's Information: Include the name, address, and contact details of the debt collector to whom the letter is addressed. This will help in accurate identification and communication. 4. Preferred Days and Timeframe: Specify the preferred days of the week and the daily time range during which the debtor wishes to be contacted. This could be specific hours, morning or afternoon, or a range like 9 am — 5 pm. 5. Alternative Methods of Contact: Indicate the preferred methods of communication, such as phone, email, or mail. If there are any alternative means of contact, such as work phone number or email, they should be mentioned here as well. 6. Request for Verification: Request the debt collector to provide written verification of their receipt and acknowledgement of the letter. This helps ensure that the letter has been received and acted upon appropriately. Conclusion: The New York Letter Informing Debt Collector as to Days and Time Collector May Contact Debtor serves as a vital tool for debtors to exercise their rights and set clear boundaries with debt collectors. By using this letter, debtors can establish the terms of communication, protect their privacy, and ensure compliance with applicable laws. It is important to keep copies of all correspondence and consult legal counsel if necessary to better understand individual rights and protections.
