Product: Debt collection

Issue Whether XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX ) violated the Telephone Consumer Protection Act ( TCPA ), the Fair Debt Collection Practices Act ( FDCPA ), and New York debt collection laws by repeatedly contacting third parties despite explicit instructions not to do so and by ignoring the complainants stated preferred methods of communication. 

Rule Telephone Consumer Protection Act ( TCPA ) : Restricts unsolicited communications and mandates adherence to consumer contact preferences. 

Prohibits harassment via calls or messages, including the use of prerecorded messages or calls to unintended parties without consent. 

Fair Debt Collection Practices Act ( FDCPA ) : Limits debt collectors from contacting third parties except for location information, and only under strict guidelines. 

Prohibits communication after receiving instructions to stop and bans any behavior that may be construed as harassment. 

New York Debt Collection Laws ( General Business Law 601 ) : Protects consumers and third parties from harassing, oppressive, or abusive debt collection practices. 

Requires compliance with communication limitations explicitly requested by the debtor. 
Application A. Preferred Contact Methods Ignored : The complainant informed XXXX to contact only via a specific phone number and email address. These instructions were ignored. 

No calls were made to the specified number, nor were any emails sent, violating the TCPA and FDCPAs requirement to honor consumer communication preferences. 

B. Unauthorized Third-Party Contacts : On XX/XX/year>, XXXX from XXXX left a voicemail with an associate of the complainant seeking location information. 

Despite a follow-up voicemail from the complainant on XX/XX/year>, directing XXXX to cease contacting associates, a similar voicemail was left with at least one other associate on XX/XX/year>. 

These actions contravene both the FDCPA and New York laws restricting third-party contact. 

C. Complainant Attempts to Resolve the Issue : On XX/XX/year>, the complainant left a voicemail on XXXX 's line, clearly stating that contacting associates would be considered harassment and providing explicit instructions for contact via phone and email. 

On XX/XX/year>, the complainant left another voicemail on XXXX 's line. This voicemail, which was recorded, stated that XXXX may only contact the complainant by way of the specified email. 

On XX/XX/year>, the complainant spoke directly with XXXX, a XXXX representative. During this conversation, the complainant reiterated that XXXX may only contact him via the specified email and/or phone number. He also emphasized that they are not allowed to contact any other associates, reaffirming his communication preferences. 

D. Business Management and Contact Information : According to the XXXX XXXX XXXX  ( XXXX  ), the President of XXXX XXXX XXXX XXXX XXXX XXXX is XXXX XXXX XXXX XXXX. 

E. Repeated Violations and Evidence of Harassment : XXXX ignored these instructions and continued contacting associates, engaging in behavior amounting to harassment. 
The complainant will present evidence, including : Voicemail Recordings : Voicemails left by " XXXX '' on associates ' phones, illustrating unauthorized third-party contact. 

Phone Call Recordings : Recordings of calls between the complainant and XXXX representatives, pre-authorized by the parties involved. These recordings document the complainants clear instructions and XXXX acknowledgment of the restrictions. 
Email Communication : A copy of the demand letter sent to XXXX email address outlining the allegations and specifying contact restrictions. 

Preferred Outcome The complainant seeks the following outcomes : XXXX immediately ceases all violations of the TCPA, FDCPA, and New York debt collection laws. 

XXXX adheres to the complainants specified communication preferences, contacting only via the email address and phone number provided in the demand letter, two voicemails, and the verbal conversation with XXXX. 

XXXX stops all harassment via calls or messages. 

XXXX prohibits further communication with the complainants associates under any circumstances. 

Conclusion XXXX XXXX XXXX XXXX XXXX XXXX violated the TCPA, FDCPA, and New York debt collection laws by : Failing to adhere to the complainants specified communication methods. 
Persistently contacting third parties in direct violation of the complainants instructions. 
Engaging in harassing behavior through repeated unauthorized communications. 
The complainant has substantial evidence, including voicemail recordings, phone call recordings, and email correspondence, to substantiate claims of harassment and statutory violations.