Debt Collectors Have Rules. When They Break Them, You Can Sue.

If a debt collector has harassed you, reported false information to the credit bureaus, or violated your legal rights, you may be entitled to money damages — and an attorney who can help you collect them. Federal law gives consumers real remedies when collectors cross the line, and we help clients across New York and Long Island use those remedies.

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What Laws Protect You When a Debt Collector Breaks the Rules?

Two federal statutes do most of the work here. The Fair Debt Collection Practices Act (FDCPA) governs how collectors are allowed to contact you and what they are allowed to say. The Fair Credit Reporting Act (FCRA) governs how your debt information is reported to the credit bureaus and what happens when that information is wrong. When a collector violates either law, you have the right to sue — and if you win, the collector pays your attorney's fees.

 

Under the FDCPA, collectors are prohibited from:

 

  • Calling before 8 a.m. or after 9 p.m.
  • Threatening arrest, violence, or legal action they cannot or do not intend to take
  • Using profane, abusive, or harassing language
  • Contacting you after you have sent a written request to stop
  • Misrepresenting the amount owed or the identity of the creditor
  • Contacting your employer, family members, or neighbors to embarrass you into paying

 

Under the FCRA, collectors and credit furnishers are prohibited from:

 

  • Reporting a debt they know to be inaccurate
  • Failing to investigate a dispute you submitted in writing
  • Re-reporting a debt after it has been corrected or deleted
  • Reporting a time-barred or discharged debt as currently owed

Can You Really Sue a Debt Collector in New York?

Yes — and New York residents have more protection than most. In addition to federal law, New York's own debt collection regulations add another layer of rules that collectors operating in this state must follow. A debt collector lawsuit in New York can be filed in federal court, and many cases resolve favorably without ever going to trial. Statutory damages under the FDCPA can reach $1,000 per lawsuit, plus actual damages and attorney's fees. FCRA violations that are willful can result in significantly higher awards. The law is designed so that you do not need to pay out of pocket to enforce your rights — when you win, the collector covers the legal costs.

What Violations Are Worth Pursuing?

Not every rude phone call rises to the level of a lawsuit, but a surprising number of collector behaviors do. The question is whether the conduct violated a specific provision of federal or state law. We review the full picture — call logs, collection letters, credit reports, dispute correspondence — and tell you honestly what you have.

 

Violations we see most often in FCRA and FDCPA cases include:

 

  • Repeated calls designed to harass or wear you down
  • Threats of lawsuits, wage garnishment, or arrest that the collector had no legal basis to make
  • Collection attempts on debts that are past the statute of limitations
  • Reporting a discharged bankruptcy debt as still owed
  • Ignoring a written dispute and continuing to report inaccurate information
  • Contacting you directly after you retained an attorney

 

If any of these situations sound familiar, a free consultation will tell you whether your case has merit.

How We Handle Debt Collector Lawsuits

Case Review and Evidence Gathering

We start by reviewing your collection letters, credit reports, call records, and any written communications with the collector. Most violations leave a paper trail. We identify which laws were broken, document the harm to your credit or financial situation, and assess what damages you may be entitled to recover.

Sending a Demand and Filing Suit

In many cases, a formal demand letter is enough to bring the collector to the table. When it is not, we file suit in federal district court. We are admitted to practice in the Eastern and Southern Districts of New York, which means we can pursue your case in the courts that handle these matters most frequently in the New York metro area.

Negotiation and Settlement

The majority of FCRA and FDCPA cases settle before trial. Collectors and their insurers know the law, and they know when they have exposure. Our job is to negotiate a result that compensates you for the harm done — whether that means a cash payment, correction of your credit report, or both.

No Out-of-Pocket Cost in Most Cases

Because the FDCPA and FCRA require the defendant to pay your attorney's fees if you prevail, most clients pay nothing to pursue a valid claim. We will be straightforward with you about whether your case qualifies for fee-shifting before we take it on.

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Who We Represent in These Cases

We work with individuals across Nassau County, Suffolk County, and the New York City boroughs who have been subjected to illegal collection tactics or damaged by inaccurate credit reporting. Our clients include:

 

  • Consumers who have been harassed by third-party collection agencies
  • Borrowers whose discharged bankruptcy debts continue to appear on their credit reports
  • Individuals who disputed a credit report error in writing and were ignored
  • People who received collection calls after retaining legal counsel
  • Spanish-speaking clients who need full bilingual representation from intake through resolution

 

If you are dealing with a debt collector lawsuit in New York or believe your credit report contains errors a collector is refusing to correct, we want to hear from you.

Frequently Asked Questions

  • Can I sue a debt collector in New York for harassment?

    Yes. If a collector's conduct violates the FDCPA — repeated calls, threats, abusive language, or contact after a written cease request — you have the right to file a lawsuit in federal court. New York also has its own debt collection rules that may apply. A free consultation will help you determine whether what happened to you meets the legal threshold.

  • How much can I recover in an FDCPA or FCRA lawsuit?

    Under the FDCPA, you can recover up to $1,000 in statutory damages per lawsuit, plus actual damages for financial harm or emotional distress, plus attorney's fees. FCRA violations that are willful can result in statutory damages between $100 and $1,000 per violation, plus actual damages and fees. Class actions can result in higher aggregate awards.

  • Do I need to pay a lawyer to sue a debt collector?

    In most valid FDCPA and FCRA cases, no. Both statutes include fee-shifting provisions that require the defendant to pay your attorney's fees if you win. We will tell you upfront whether your case qualifies before we take it on, so there are no surprises.

  • What if the debt is real — can I still sue for how the collector treated me?

    Yes. Whether or not you owe the underlying debt has no bearing on whether a collector violated the law in trying to collect it. The FDCPA and FCRA regulate collector conduct, not just the validity of the debt itself. A collector can be liable for harassment or inaccurate reporting even on a legitimate account.

  • How long do I have to file a debt collector lawsuit in New York?

    The FDCPA has a one-year statute of limitations from the date of the violation. The FCRA has a two-year statute of limitations from the date you discovered the violation, or five years from the date it occurred, whichever is earlier. If you think your rights have been violated, do not wait — contact us as soon as possible to preserve your options.

Talk to Us Before the Deadline Passes

FCRA and FDCPA cases are time-sensitive. Once the statute of limitations runs, your right to sue is gone. If a debt collector has harassed you, reported false information, or refused to correct a dispute, call us now. We offer free consultations with no time limit, and we will tell you plainly what your options are and whether your case is worth pursuing.