Consumer Fraud - Debt Collector Scams | NYC Bar (2024)

Consumer fraud also involves scams. Scams often involve online purchases. They can be promises of jobs or fake lottery winnings. Some scams involve fake charities, vacation and travel offers or investments opportunities. There are many debt-related scams as well. The elderly and lower income individuals are often targets of such scams, however, a scam can happen to anyone at any time.

The New York State Division of Consumer Protection issues warnings about scams. It currently has warnings about the following scams:

  • Tax Debt Scam – This is a phone and email scam where a person pretending to be from the IRS claims that you owe back taxes. The caller may threaten you with lawsuits, fines, deportation or arrest, and tell you to pay them immediately. The caller may appear legitimate and may even give a fake IRS badge number. The caller may have some personal information about you already, such as the last four digits of your social security number. The call may appear to be coming from within the United States, but is may be from overseas. The caller will try to get you to provide your bank account information, and/or ask you to do a wire transfer. If you refuse, the caller may get hostile and increase the threats. These calls and emails are always a fraud. The IRS will always contact you by mail first if you owe any back taxes. Do not provide any information to these callers. Hang up the telephone immediately.
  • Craigslist Employment Scam – This is fake job offer scam where the scammer posts a job on Craigslist, advertising a position at a well-known organization.  The job posting usually offers high pay and claims you don’t need experience. When you respond to the posting, the scammer will try to get your private information. The scammer may also ask for an application fee or a training fee. You should always verify whether the job opening exists by going to the company’s website to see if the opening is there. Do not provide any private information until you confirm the caller’s identity. Never send money to anyone for the promise of employment.
  • Debt Collection Scam – This is a phone and email scam from fake debt collectors who threaten to freeze your bank account, file a lawsuit against you, or have you deported or arrested, and demand payment immediately. Sometimes, the caller will use a fake name that sounds like a law firm or other legitimate company. The caller may already know some information about you such as your address, bank account or last four digits of your social security number. Do not give out any more information until you verify the identity of the caller. Do not make any payments without verifying the debt with the creditor. This is especially true if you do not recognize the debt. You can pull up your credit report to confirm if you owe the claimed debt. Always ask for written verification of the debt, by mail, before agreeing to make any payments.
  • Free Airline Tickets Scam – This is an email or regular mail scam stating that you won free roundtrip airline tickets. The offer appears to be from a real airline and gives a telephone number and response date. The caller usually says you must attend a sales presentation to receive the tickets, but you will never receive the tickets or the tickets will be impossible to use due to restrictions and fees. It is best not to respond to unsolicited offers and promises of prizes, free goods or services.
  • Online Dating Scam – This is an online scam that begins on a dating website where the scammer usually uses fake pictures and personal information to gain your trust. After gaining your trust, the scammer begins asking for money. The scammer may ask for money to visit you or to solve a financial crisis. If anyone on an online dating site asks for money, end the relationship. Do not give them any financial or confidential information.
  • Family Member or Friend in Crisis Scam – This is an email and phone scam where the scammer pretends to be a relative or friend who is in need of money. The scammer may say they were traveling overseas when they were robbed or got into an accident, and will ask you to wire money immediately to help them out of trouble. If you do send money, they will continue to ask for more. The scammer may contact an elderly person pretending to be a grandchild in need of money. Or may pretend to be a police officer, doctor or lawyer saying a relative needs help getting out of trouble.
  • Bank Alert Scam – This is an email and text scam where the scammer sends a message that appears to be from your bank. The message typically claims the bank froze your account due to too many incorrect log-in attempts or it may provide some other alarming information about your bank account. The scammer will provide you with a link that will take you to a website that will appear to be your bank’s website. It will then ask you to provide your user identification and password or create new ones. The scammer will ask you to confirm other private information such as your bank account number and Social Security number. If you receive an unsolicited email or text, contact your bank right away. Do not respond to the email or text and do not provide any private information in response to such an email or text.
  • Fake Loan Offer Scam – This is an email or phone scam where the scammer offers a small loan. The scammer may say there is no credit check or lengthy application process. After you respond to the offer, the scammer asks you to pay some upfront fee, usually $100 or so. If the scammer sees you are willing to pay that fee, they will come up with another reason for another fee. Sometimes, the scammer promises to pay you the money back in the loan amount. Often, you will be asked for payment via Western Union. In these situations, there is no loan. The scammer is only trying to get you to pay them some money and will disappear.
  • Student Loan Relief Scam – This is an online or phone scam where the scammer promises to enroll you in a program to forgive your student loans. The scammer often pretends to be from the Department of Education and asks for money to help you enroll in the program. There are only a few loan forgiveness programs and you do not need to pay anyone to help you enroll in these programs. If you need help with your student loan payment, do not pay anyone to help you resolve the problem. Contact your lender or loan servicer for direct help.

If you are a victim of consumer fraud or scam, immediately report it. You can contact the police and/or the District Attorney’s Office. You can also file a complaint with federal, state and/or local government agencies such as the Federal Bureau of Consumer Protection, the NYS Bureau of Consumer Frauds and Protection, or the NYC Department of Consumer Affairs. You can also file a complaint with the Better Business Bureau.

Legal Editors: Marshall Coleman, Esq. and Mark Grossman, Esq., May 2018

Changes may occur in this area of law. The information provided is brought to you as a public service with the help and assistance of volunteer legal editors, and is intended to help you better understand the law in general. It is not intended to be legal advice regarding your particular problem or to substitute for the advice of a lawyer.

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Consumer Fraud - Debt Collector Scams | NYC Bar (2024)

FAQs

How can you tell if a debt collector text is real? ›

To verify a debt collector, ask them to provide:
  1. Their name.
  2. Company name.
  3. Company street address.
  4. Telephone number.
  5. Professional license number, if your state licenses debt collectors.
May 14, 2024

Do debt collectors leave voicemails? ›

Debtor's Rights under FDCPA:

If someone asks in writing to stop getting messages, debt collectors must follow their wishes and stop calling or leaving voicemails. If they don't, they can get into trouble with the law and might break the rules of the FDCPA.

How to get rid of debt collectors without paying? ›

You can sue the debt collector for violating the FDCPA. If you sue under the FDCPA and win, the debt collector must generally pay your attorney's fees and might also have to pay you damages. If you're having trouble with debt collection, you can submit a complaint with the CFPB.

What is a creditor legally required to do if you dispute a debt? ›

A debt collector must stop all collection activity on a debt if you send them a written dispute about the debt, generally within 30 days after your initial communication with them. Collection activities can restart, though, after the debt collector sends verification responding to the dispute.

How do I verify a debt collection agency? ›

You can tell if a debt collector is legitimate by requesting they provide their information, including their license number, so you can confirm it. You can also ask for a validation notice, which debt collectors are required by law to send to you.

How to spot fake summons from debt collector? ›

Verify the Summons

Before taking any action, verify whether the summons is genuine or fake. To find out about the case number and parties involved, contact the court listed on the summons. If the court has no record of the case or the information doesn't match what's on the summons, it's likely fake.

What happens if you never answer a debt collector? ›

If you receive a notice from a debt collector, it's important to respond as soon as possible—even if you do not owe the debt—because otherwise the collector may continue trying to collect the debt, report negative information to credit reporting companies, and even sue you.

What should you not say to debt collectors? ›

Debt collectors may ask questions to verify your identity, but you should never provide sensitive or financial information, at least not until you've verified the debt and that it's not a scam.

Would a scammer leave a voicemail? ›

1. In a Callback/Voicemail Scam, someone leaves a voicemail requesting an immediate callback, often using high-pressure tactics. If you call them back, they will try to get your personal information or sell you a service.

What's the worst a debt collector can do? ›

Debt collectors are limited on when they can call you — typically, between 8 a.m. and 9 p.m. They are not allowed to call you at work. They can't lie or harass you. Debt collectors can't make you pay more than you owe or threaten you with arrest, jail time, property liens or wage garnishment if you don't pay.

How long before a debt is uncollectible? ›

4 years

How can I scare off debt collectors? ›

9 Ways to Turn the Tables on Debt Collectors
  1. Don't Wait for Them to Call. Consider picking up the phone and calling the debt collector yourself. ...
  2. Check Them Out. ...
  3. Dump it Back in Their Lap. ...
  4. Stick to Business. ...
  5. Show Them the Money. ...
  6. Ask to Speak to a Supervisor. ...
  7. Call Their Bluff. ...
  8. Tell Them to Take a Hike.
Mar 26, 2013

How to fight a false debt collection? ›

Here are a few suggestions that might work in your favor:
  1. Write a letter disputing the debt. You have 30 days after receiving a collection notice to dispute a debt in writing. ...
  2. Dispute the debt on your credit report. ...
  3. Lodge a complaint. ...
  4. Respond to a lawsuit. ...
  5. Hire an attorney.

Does disputing a debt restart the clock? ›

Does disputing a debt restart the clock? Disputing the debt doesn't restart the clock unless you admit that the debt is yours. You can get a validation letter to dispute the debt to prove that the debt is either not yours or is time-barred.

Do I have to pay a debt that has been sold? ›

Once your debt has been sold you owe the buyer money, not the original creditor.

Is it normal for a debt collector to text you? ›

A third-party debt collector is permitted to send you electronic messages including texts and emails. Each of these messages must include instructions for a consumer to opt out of receiving those types of messages. Messages must be sent at a reasonable time similar to the 8 a.m. to 9 p.m. limitation for phone calls.

How do you respond to a debt collector text? ›

If you receive a text purporting to be from a debt collector, do not share personal or sensitive information via text message, especially if it's from someone you do not know. Instead, ask for validating details so you can confirm the debt and the person texting you are legitimate.

What do debt collection letters look like? ›

These letters often include details like the amount owed, the due date, and any applicable interest or late fees. It's important to note that debt collection letters should adhere to legal regulations and guidelines, such as those outlined by the Fair Debt Collection Practices Act (FDCPA) in the United States.

Do debt collectors use automated messages? ›

Debt Collectors, Creditors and Marketing Companies

Under the TCPA, debt collection agencies are not allowed to call you on your mobile phone using an auto dialer or pre-recorded message. In addition, they cannot auto-text you. This also includes creditors and any company reaching out to you.

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