< RETURN TO PRACTICE AREAS

Debt Collection Harassment & Rights

Federal and state laws—including the Fair Debt Collection Practices Act (FDCPA) and New York’s 2026 FAIR Act—strictly prohibit debt collectors from using abusive, deceptive, or unfair tactics to collect a debt. You have the legal right to stop the calls, dispute the debt, and sue for statutory damages and attorney’s fees if a collector crosses the line.

Severe Financial Harassment

  • Unauthorized Taking (Electronic Theft)If a collector has debited your bank account or charged your card without a specific, written authorization, they may have violated the Electronic Fund Transfer Act (EFTA). In 2026, “accidental” debits are no excuse for illegal takings.
  • Wrong-Person Debts (Mistaken Identity)Being hounded for a debt that belongs to someone with a similar name or a previous resident of your home is a major violation. If you have told a collector “I am not this person” and they continue to pursue you, we sue to stop the identity confusion and clear your name.
  • Collection on Paid or Settled DebtsChasing a consumer for a debt that has a $0 balance is a fraudulent misrepresentation of the debt’s legal status. This often happens when zombie debt buyers purchase old spreadsheets without checking if the accounts were already satisfied.
  • Wrongful GarnishmentIf a collector has frozen your bank account without proper legal notice or is taking more from your paycheck than the New York EIPA allows, we litigate to unfreeze your funds and seek damages for the hardship caused.

The “Unfair & Abusive” Standard (New York 2026)

The FAIR Act, effective February 17, 2026, represents the most significant update to New York consumer law in 45 years. It expands the state’s protections to explicitly ban unfair and abusive acts, aligning New York with the most aggressive consumer protection standards in the country. We use these new standards to litigate cases that were previously grey areas, such as collectors who refuse to return exempt Social Security benefits or file lawsuits without a valid basis.

Evaluate Your Case

Our intake process is digital, secure, and encrypted. Get a response from a federal litigator.