In a development that was first reported by ACA International, the New York City Department of Consumer and Worker Protection has announced proposed amendments to its debt collection regulations and will be holding a hearing next month to discuss the changes.
A copy of the proposed new regulations can be accessed by clicking here.
The DWCP will hold a hearing on November 29 to discuss the proposed amendments. To participate in the public hearing via phone, please dial (646) 893-7101 and use:
- Meeting ID: 255 089 803 499
- Passcode:8HGNSw
To participate in the public hearing via videoconference, please click here.
- Meeting ID: 255 089 803 499
- Passcode:8HGNSw
Comments on the proposed amendments are due by November 22.
Among the changes proposed by the DWCP are:
- Under the proposed amendments, collectors would need to maintain a log of every attempted and successful communication that includes the time, date, and duration of the communication or attempted communication, the medium used, and a “contemporaneous” summary of the interaction.
- Collectors would be limited to three communications or attempted communications during a seven-day period, taking into account any and all communication methods that may be used. Exceeding that limit would constitute “excessive” frequency and be consider an unconscionable or deceptive trade practice.
- Collectors may communicate with consumers via text messaging or email, as long as any communication is private and direct to the consumer, collectors have consent from the consumer, in writing, and if the consumer used the email address or phone number to communicate with the collector within the past 30 days and has not since opted out of communications.
- When delivering validation notices, they must be delivered via the U.S. mail or other delivery service. Offering the validation notice orally or electronically does not comply with the regulation.
