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

Consumer Fraud - Debt Collector Scams | NYC Bar? ›

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.

Are there debt collector scams? ›

The debt may be completely fake, canceled, discharged, forgiven or beyond the period for collection. In any case, the scammer will use all sorts of techniques to get you to pay — intimidation, lies, harassment, etc.

What is the consumer fraud Act in New York City? ›

The New York City Consumer Protection Law forbids all "deceptive or unconscionable trade practices in the sale, lease, rental, or loan, or in the offering for sale, lease, rental, or loan of any consumer goods and services, or in the collection of consumer debts." Under the Consumer Protection Law (commonly referred to ...

What do you do if you were scammed by the consumer ftc? ›

Report a Scam to the FTC

If you experienced a scam — or even spotted one, report it to the FTC at ReportFraud.ftc.gov. Check out what's going on in your state or metro area by visiting ftc.gov/exploredata.

How do you report debt collector fraud? ›

Bad debt collectors like to knock you off your guard to get an advantage, create a sense of urgency, and rush you. They'll say anything to get you to pay right now. Instead, hang up and report it to the Federal Trade Commission at ftc.gov/complaint. We've stopped a lot of bad debt collectors.

How do I know if a collection notice is real? ›

A legitimate debt collector can tell you their company name and mailing address, as well as information about the debt they say you owe. The debt collector should provide information about themselves and their collection agency.

What is the 11 word phrase to stop debt collectors? ›

If you are struggling with debt and debt collectors, Farmer & Morris Law, PLLC can help. As soon as you use the 11-word phrase “please cease and desist all calls and contact with me immediately” to stop the harassment, call us for a free consultation about what you can do to resolve your debt problems for good.

How long do you go to jail for fraud in NY? ›

If the amount is more than $50,000 but less than a million, it is a C felony, which is punishable by between five and 15 years in prison. If the amount exceeds $1,000,000 in a fraud based on check scams, it is a New York fraud penalty of between eight and a third to 25 years in prison.

How do I report consumer fraud in NY? ›

(800) 697-1220

Please be sure that your statement is complete, factual and brief.

What is the statute of limitations on a fraud claim in NY? ›

Under New York law, an action based upon fraud must be commenced within six years of the date the cause of action accrued, or within two years of the time the plaintiff discovered or could have discovered the fraud with reasonable diligence, whichever is greater.

Can the FTC put you in jail? ›

That means that, while we can't put people in jail, many of our partners can and do, including the U.S. Department of Justice, U.S. Attorneys, and other federal, state, and local criminal law enforcers. When FTC cases include behavior that also violates criminal laws, we let criminal prosecutors know.

Do banks refund scammed money? ›

While getting a refund after losing money to scammers is possible, the outcome depends on factors like bank policy, the type of scam, the amount lost, and how quickly the scam was reported. According to US federal law, banks must reimburse you for unauthorized transactions.

Is it worth reporting a scammer? ›

The most efficient way is to report scams immediately to your bank's fraud department if you had money stolen from you on a credit or debit card. The FTC focuses on stopping businesses who use scams to make money. They also work to get customers refunds for any money lost from scams.

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 do I fight a false debt collector? ›

When It's Not Your Debt
  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.

How do you outsmart a debt collector? ›

You can outsmart debt collectors by following these tips:
  1. Keep a record of all communication with debt collectors.
  2. Send a Debt Validation Letter and force them to verify your debt.
  3. Write a cease and desist letter.
  4. Explain the debt is not legitimate.
  5. Review your credit reports.
  6. Explain that you cannot afford to pay.
Mar 11, 2024

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.

Will debt collectors ever call you? ›

However, when contacting people who aren't you, debt collectors are limited in what they're able to say. Debt collectors can contact you through phone, email, or text messages.

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.

Why should you never pay a collection agency? ›

Paying an old collection debt can actually lower your credit score temporarily. That's because it re-ages the account, making it more recent again. This can hurt more than help in the short term. Even after it's paid, the negative status of “paid collection” will continue damaging your score for years.

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