Category: News

Submit Comments on New York’s Revised Proposed Debt Collection Rules by Feb. 13

Tag(s): Daily, FDCPA, New York, News, NYDFS

The revised proposal would serve as a permanent rule for debt collectors and debt buyers in the state if approved and includes proposed amendments on consumer communications and disclosures.

01/05/2023 10:35 A.M.

3 minute read

The comment period is now open for proposed third-party debt collection rules from the New York Department of Financial Services (NYDFS) through Feb. 13.

In November 2021, the NYDFS posted the previous draft proposed amendments to part one of the Regulations of the Superintendent of Financial Services (23 New York Codes, Rules, and Regulations Part 1, Debt Collection by Third-Party Debt Collectors and Debt Buyers) for comment, ACA International previously reported.

When the original proposal was issued last year, ACA sought clarity from the NYDFS on why it was moving forward with the proposed amended debt collection rules in the immediate wake of Gov. Kathy Hochul signing the New York Consumer Credit Fairness Act into law and detailed how the proposal directly conflicts with Regulation F.

In the new proposal (PDF), there are amendments to disclosure requirements, validation information for a debt, telephone and electronic communications and prohibitions on excessive communications or attempts to communicate with a consumer, among others.

For example, amendments in the proposal include:

No debt collector shall communicate or attempt to communicate excessively with a consumer. For the purposes of this section, as to communication by telephone, it shall be presumed that a debt collector is in compliance with this section if the debt collector does not, without the prior written and revocable consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, communicate with a consumer in connection with the collection of any debts by more than one completed telephone call and three attempted telephone calls per seven-day period per alleged debt.
A debt collector must provide substantiation of a debt to the consumer in hard copy by mail unless the consumer has consented to receive electronic communication, in which case a debt collector may provide substantiation in writing by electronic communication, or unless the consumer has requested the information be provided in a format other than hard copy writing in which case such substantiation shall be provided in the format requested by the consumer.
In consumer communications, a debt collector must include a disclosure notice on the statute of limitations and notify a consumer that filing a lawsuit on an expired debt is a violation of the Fair Debt Collection Practices Act.

The complete proposal (PDF) is available through the NYDFS website.

What’s Next?

ACA International and the New York State Collectors Association are reviewing the new proposal and preparing comments to file with the NYDFS.

ACA and the New York unit will continue working with a broad industry coalition of advocates to ensure industry priorities are highlighted and that the NYDFS is aware of any conflicts in the proposed rule with federal, state and local laws. The focus on potential conflicts will include the recently proposed amendments to New York City’s debt collection regulations by the Department of Consumer and Worker Protection.

Visit the NYDFS website for more information on the revised proposed amendments and notice of proposed rulemaking. Comments may be submitted to Meredith Weill, deputy general counsel with the NYDFS, at [email protected].

For more updates, ACA also recommends members join the weekly ACA Huddle webinar at 11 a.m. CDT Wednesdays. The ACA Huddle features advocacy, compliance and education updates as well as guest speakers. One-time registration is available through the ACA events calendar.

If you have executive leadership updates or other member news to share with ACA, contact our communications department at [email protected]. View our publications page for more information and our news submission guidelines here.

If you have executive leadership updates or other member news to share with ACA, contact our communications department at [email protected]. View our publications page for more information and our news submission guidelines here.

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Users that are ACA members (“Members”) and in the event the Member is an entity, their properly authorized individual users, will be provided online access to valuable information relevant to the credit and collection industry on the Website and hub.acainternational.org (“Hub”), which is exclusive to Members, much of which is specifically designated as members-only content and requires User specific Registration Data and Account (“Member Content”). Members hereby acknowledge Member Content is the sole property of ACA and is included as ACA Content. Entity Members may authorize individual employee user access to Member Content, wherein each user identified in the ACA user roster will be assigned unique Registration Data. Entity Members are responsible for the conduct of their employees that use the Website and/or the Hub. Entity Member’s responsibility for employee conduct does not absolve the employee of their personal responsibility to comply with Terms of Use. Additions, deletions, and modifications to a Member’s information, and employee roster, must be made by the Member’s designated contact. Members are required to maintain an up-to-date and accurate roster. Rosters must timely reflect changes regarding inactive email addresses and Users who have separated from employment. Only those employees physically located at the approved Member geographical location may be provided access. In no event may any entity Member add a non-employee to its user roster, or otherwise allow non-employees access to Member Content through the Member’s Account. Hub use must comply with ACA’s Hub Terms of Access as they may be amended from time to time, which is incorporated herein by reference. If the Member learns a User identified in the Member’s user roster, or otherwise through the Member’s Account, has improperly accessed or disseminated information originating from ACA or violated the Terms of Use, the Member must report the event to ACA immediately and take appropriate corrective action, which shall include, but not exclusively: (a) preventing further unauthorized access; (b) issuing notice to all known and suspected unauthorized recipients of the breach; (c) providing to ACA a disclosure of all known recipients of Member Content; (d) destroying or returning all information improperly retrieved or disseminated; and (e) cooperating with ACA in such a manner as ACA may determine appropriate under the circumstances to avoid further harm.

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ACA Content is presented for educational, general reference and informational purposes only and is not intended to serve as legal or other advice. ACA does not represent or warrant that ACA Content is accurate, complete or current for any specific or particular purpose or application. ACA Content is not intended to be a full and exhaustive explanation of the law in any area, nor should it be used to replace the advice of your own legal counsel.

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All items purchased from ACA are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to User upon our delivery to the carrier.

FURTHER, ACA SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE WEBSITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS WEBSITE INCLUDING, WITHOUT LIMITATION, THE PROCESSING OF ORDERS.

Updated 3/1/2019