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Debt & collections · Your right

Debt collector harassment in New York: what collectors can't do and how to stop it

Updated By The editorial teamNot reviewed by an attorney — based on the official sources below

In short

Debt collectors may not harass, threaten or deceive you. They can't call before 8 a.m. or after 9 p.m. unless you agree, can't use threats or obscene language, can't call repeatedly to annoy you, and can't threaten arrest or a lawsuit they can't or won't bring. Calling more than seven times in seven days about one debt is presumed to be harassment. You can tell a collector in writing to stop contacting you, or to stop using a particular phone number or e-mail. If a collector breaks the rules, you can complain to regulators and may be able to sue for damages within one year.

Read on for the details, the exceptions and the sources.

In plain words

FDCPA
The Fair Debt Collection Practices Act, the main federal law on how debt collectors must behave.
Regulation F
The Consumer Financial Protection Bureau's rules that spell out the FDCPA in detail, including the call limits.
Presumption
A starting assumption a court makes unless the other side proves otherwise.

What is it?

Federal law bans any conduct whose natural result is to harass, oppress or abuse anyone in connection with collecting a debt (15 U.S.C. § 1692d; 12 C.F.R. § 1006.14). That includes threats of violence, obscene or abusive language, publishing lists of people who 'refuse to pay', and calls made repeatedly or continuously to annoy, or without saying who is calling.

Collectors also can't lie (§ 1692e): no false statements about the amount or legal status of a debt, no pretending to be a lawyer or a government agency, no fake legal papers, and no threats of arrest, garnishment or a lawsuit unless that action is lawful and actually intended. And they must not contact you at unusual or inconvenient times or places — before 8 a.m. or after 9 p.m. your local time is presumed inconvenient (§ 1692c(a)(1)).

New York's General Business Law § 601 adds its own list for creditors and their agents, including no communication with you or your family so often or at such hours that it can reasonably be expected to harass you, no threats of action they don't in fact take, and no collecting through social media.

Who qualifies?

The harassment ban protects 'any person' a debt collector contacts about a consumer debt — not just the person who owes it, but also family members, roommates or anyone else they call (15 U.S.C. § 1692d). The other FDCPA protections apply to consumer debts, meaning debts for personal, family or household purposes.

The FDCPA applies to debt collectors: collection agencies, debt buyers and law firms that regularly collect. New York's GBL § 601 also reaches the original creditor and its agents collecting consumer debts.

Exceptions

  • Calls you agreed to: if you give a collector permission directly, calls within the next seven days don't count toward the seven-call limit (12 C.F.R. § 1006.14(b)(3)). You can also agree to calls outside 8 a.m. to 9 p.m.
  • Calls that don't connect don't count toward the call limit.
  • A creditor's own staff collecting in the creditor's name is generally outside the FDCPA, but New York's GBL § 601 still applies to it.
  • Business debts are not covered by these consumer protections.

How much?

If a debt collector violates the FDCPA, a court may award you your actual damages (for example, lost wages or documented distress), additional damages of up to $1,000 in an individual case, and your court costs and reasonable lawyer's fees (15 U.S.C. § 1692k(a)). The court looks at how often and how badly the collector broke the rules and whether it was intentional (§ 1692k(b)).

A collector can avoid liability if it proves the violation was an unintentional, honest mistake despite reasonable procedures (§ 1692k(c)).

How is it calculated?

Regulation F sets a clear test for phone calls. A collector is presumed to be harassing you if, about one particular debt, it calls you more than seven times within seven consecutive days, or calls again within seven days after actually speaking with you about that debt (12 C.F.R. § 1006.14(b)(2)). The day of the conversation counts as day one.

Example: a collector reaches you by phone on a Tuesday. A new call about the same debt before the following Tuesday is presumed to be a violation. Staying under these numbers doesn't make abusive calls legal — the general ban on harassment still applies.

What documents do you need?

  • A call log: date, time, number, caller name, what was said
  • Screenshots of call history, texts and e-mails; saved voicemails
  • Letters and envelopes from the collector
  • Copies of any written stop or opt-out request and proof it was delivered
  • Notes on how the contacts affected you (missed work, medical visits)

How do you get it?

  1. Tell them how — or whether — to contact you

    You can ask a collector not to use a specific method, such as your cell phone or a certain e-mail, and it must stop using it (12 C.F.R. § 1006.14(h)). You can also tell it in writing to stop contacting you altogether (15 U.S.C. § 1692c(c)).

  2. Write it down

    Send your request in writing and keep proof. A written stop request limits further contact to saying collection is ending or that a specific remedy, such as a lawsuit, may follow.

  3. Complain

    File complaints with the Consumer Financial Protection Bureau and the New York Attorney General; in New York City, also with the Department of Consumer and Worker Protection through 311.

  4. Consider a claim

    A consumer lawyer can tell you whether you have a claim under § 1692k. Because the collector may have to pay your lawyer's fees if you win, some lawyers take these cases without upfront payment.

What if they refuse?

If calls continue after your written request, each new contact may be a separate violation. Keep logging them. A complaint to the CFPB is forwarded to the company, which is expected to respond. Threats of violence should be reported to the police.

Remember that stopping contact doesn't cancel the debt. A collector may still sue you, so keep watching your mail and answer any summons on time.

Deadlines

  • A lawsuit under the FDCPA must be filed within one year from the date of the violation (15 U.S.C. § 1692k(d)).
  • Complaints to the CFPB or the Attorney General have no fixed deadline, but sooner is better while records are fresh.

Frequently asked questions

Can a debt collector call my family about my debt?

A collector may contact other people only to find your address, phone number or workplace, and then must not say you owe a debt (15 U.S.C. § 1692b). Otherwise it generally can't discuss your debt with anyone but you, your spouse, your lawyer and a few others listed in § 1692c(b).

Can a collector threaten to have me arrested?

No. You can't be arrested for an ordinary consumer debt, and a threat of arrest or imprisonment for nonpayment is a false representation under 15 U.S.C. § 1692e(4).

Can collectors contact me on social media?

A debt collector must not communicate with you through a social media message that the public or your contacts can see (12 C.F.R. § 1006.22(f)(4)), and New York's GBL § 601(12) bars creditors and their agents from using social media platforms to collect consumer debts.

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This page is general information based on the official sources listed, current as of the update date. It is not legal advice and does not replace a review of your own situation; if a case is already in court, a deadline is close, the amount is large, or there are criminal, immigration or family-law consequences, talk to a lawyer or legal aid.