This page explains federal law as it applies to consumers in New York, mainly the Fair Debt Collection Practices Act (FDCPA) and the Consumer Financial Protection Bureau's Regulation F, plus New York law where it adds rules. KOR Law LLP's consumer protection practice handles FDCPA claims against improper debt collection conduct and represents consumers in disputes with credit card companies, debt collectors and mortgage servicers.

Who counts as a "debt collector"?

The FDCPA applies to a "debt collector": a business whose principal purpose is collecting debts, or anyone who regularly collects debts owed to another. A creditor collecting its own debts is generally outside the definition, but it is covered if it uses a name that suggests a third party is collecting (15 U.S.C. 1692a(6)). New York separately bars certain collection practices by "principal creditors" and their agents, such as threatening action they do not take or harassing a debtor's family (GBL 601), enforced through penalties and actions by the Attorney General or a district attorney (GBL 602).

What are the main rules?

Core federal debt collection rules
TopicRuleSource
Calling hoursPresumed inconvenient before 8 a.m. or after 9 p.m. local time, absent consent15 U.S.C. 1692c(a)(1); 12 CFR 1006.6
Call frequencyPresumed harassment if more than 7 calls in 7 days about a debt, or any call within 7 days after a phone conversation about it12 CFR 1006.14(b)(2)
If you have a lawyerCollector must deal with the lawyer, with limited exceptions15 U.S.C. 1692c(a)(2)
WorkNo contact at work if the collector knows or should know your employer prohibits it15 U.S.C. 1692c(a)(3)
Third partiesGenerally no discussing your debt with others without consent15 U.S.C. 1692c(b)
Written stop requestContact must stop except to confirm or to notify of specific remedies15 U.S.C. 1692c(c)
Validation noticeWithin 5 days after first contact, unless already given15 U.S.C. 1692g(a)
Written dispute within 30 daysCollection of the disputed debt stops until verification is mailed15 U.S.C. 1692g(b)
Texts and emailsEach must include a clear way to opt out12 CFR 1006.6(e)
Time-barred debtNo lawsuit or threat of a lawsuit12 CFR 1006.26(b)

What conduct is forbidden outright?

Beyond the contact rules, the FDCPA prohibits three broad kinds of misconduct:

  • Harassment or abuse, including threats of violence, obscene language, causing a phone to ring repeatedly with intent to annoy, and calls without meaningful disclosure of the caller's identity (15 U.S.C. 1692d).
  • False or misleading statements, including falsely implying that nonpayment will lead to arrest or to seizure or garnishment unless that action is lawful and intended, threatening action that cannot legally be taken or is not intended, reporting credit information known to be false or failing to report that a debt is disputed, and failing to disclose that the communication is from a debt collector (15 U.S.C. 1692e(4), (5), (8), (11)).
  • Unfair practices, including collecting any amount not authorized by the agreement or by law, and using envelope markings that reveal debt collection (15 U.S.C. 1692f(1), (8)).

A threat to garnish wages or freeze a bank account must be one the collector can lawfully carry out. In New York, freezing a bank account follows the judgment procedures described in what you can do when your bank account is frozen by a restraining notice. Wage garnishment has its own limits, explained in how much of your wages a creditor can take in New York.

What should the validation notice tell you?

The statute requires the amount of the debt, the creditor's name, and statements explaining the 30-day dispute and verification rights (15 U.S.C. 1692g(a)). Regulation F adds detail. For debts arising from consumer financial products, the notice must name the creditor on the "itemization date," give the account number or a truncated version, state the amount owed on that date, and itemize the interest, fees, payments and credits since then (12 CFR 1006.34(c)(2)). The itemization date is one of five reference dates, such as the last statement date or the charge-off date, for which the collector can determine the amount (12 CFR 1006.34(b)(3)).

The notice also defines your window. The validation period starts when the collector provides the information and ends 30 days after you receive it, and the collector may assume receipt at least five days after sending, excluding holidays and weekends (12 CFR 1006.34(b)(5)). Comparing the itemization with your own records is often the quickest way to spot added fees that the agreement does not allow (15 U.S.C. 1692f(1)).

How should you respond, step by step?

  1. Get the validation notice. It must state the amount, the creditor, and your 30-day dispute rights (15 U.S.C. 1692g(a)).
  2. Dispute in writing within 30 days if the debt or amount is wrong, or ask for the original creditor's name and address. The collector must stop collecting the disputed amount until it mails verification (1692g(b)).
  3. Control the contact. Tell the collector in writing if you want contact to stop, or if calls at work are not allowed (1692c(a)(3), (c)).
  4. Keep a log. Note every call, voicemail, text and letter, with dates and times, to apply the 7-in-7 presumption (12 CFR 1006.14(b)(2)).
  5. Check the age of the debt. New York consumer credit suits must be started within three years, and later payments do not revive an expired period (CPLR 214-i).
  6. Never ignore a lawsuit. Being sued is different from being called; see whether you can be sued on an old consumer debt in New York.

What changes the answer?

  • Who is collecting. Collectors of others' debts are covered; most creditors collecting their own are not (15 U.S.C. 1692a(6)), though New York's GBL 601 applies to them.
  • Your consent. Consent given directly to the collector can permit contact at otherwise inconvenient times (1692c(a)).
  • Whether you disputed in writing within 30 days. That triggers the verification pause (1692g(b)).
  • Your lawyer. Representation generally redirects contact (1692c(a)(2)).
  • The age of the debt. Time-barred debts cannot be the subject of suits or threats (12 CFR 1006.26(b); CPLR 214-i).
  • Calls made by machines. Robocalls and automated texts may also violate the TCPA; see when you can sue over robocalls or spam texts.

For example: a collector that calls nine times in a week

For example, imagine a Manhattan resident who receives nine calls in seven days from a collection agency about an old credit card balance, including two calls at 9:30 p.m. (This is a made-up illustration, not a real client or result.) She has never consented to evening calls. She keeps a log and screenshots her call history.

Nine calls in seven consecutive days about one debt exceed Regulation F's frequency, so the collector is presumed to have violated the harassment rule unless calls fall into an exclusion (12 CFR 1006.14(b)(2), (3)). The late calls fall outside the hours a collector must assume are convenient (15 U.S.C. 1692c(a)(1)). She sends a written dispute and a request to stop calls (1692g(b), 1692c(c)), and calendars one year from the calls as the FDCPA filing deadline (15 U.S.C. 1692k(d)).

Common mistakes

  • Disputing only by phone. The verification right and stop request require writing (1692g(b), 1692c(c)).
  • Missing the 30-day dispute window. It runs from receipt of the validation notice (1692g(a)(3)).
  • Making a payment on a very old debt without advice. In New York, payment does not revive an expired consumer credit claim (CPLR 214-i), but it is still wise to understand the debt first.
  • Not keeping records. Call logs prove frequency and timing.
  • Waiting more than a year. FDCPA claims expire one year after the violation (15 U.S.C. 1692k(d)).
  • Ignoring credit reporting. Collectors that report must note disputes (1692e(8)); see how to dispute a credit report error.

What to do this week

  1. Find the first letter from the collector and note the date you received it.
  2. Send a written dispute or verification request if within 30 days.
  3. Start a call and message log, saving voicemails and texts.
  4. Send a written request to stop contact, or to stop calls at work, if needed.
  5. Pull your credit reports to see how the account is reported.
  6. If you have been sued, calendar your answer deadline and speak with counsel.

Frequently asked questions

Can a collector text or email me?

Yes, but each electronic message must include a clear and conspicuous, reasonable and simple way to opt out of further electronic messages (12 CFR 1006.6(e)).

Can a collector call my family or my boss?

Generally a collector may not discuss your debt with third parties without your consent, apart from limited contacts to find you (15 U.S.C. 1692c(b)). It may not call you at work if it knows your employer prohibits such calls (1692c(a)(3)).

What can I recover if a collector breaks the rules?

Actual damages, additional damages up to $1,000 in an individual case, and attorney's fees (15 U.S.C. 1692k(a)). See what you can recover for a credit reporting or debt collection violation.

How long do I have to sue a collector?

One year from the violation (15 U.S.C. 1692k(d)). See how long you have to sue under the FCRA, FDCPA, or TCPA.

Does a stop request erase the debt?

No. It limits communication, and the collector may still notify you that it intends to invoke a specific remedy, such as a lawsuit (15 U.S.C. 1692c(c)).

Can a collector add fees to what I owe?

Only amounts expressly authorized by the agreement creating the debt or permitted by law (15 U.S.C. 1692f(1)).