N.Y. Comp. Codes R. & Regs. tit. 23 § 1.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 1.2 - Required initial disclosures by debt collectors

(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, provide the consumer clear and conspicuous written notification of the following:

(1) that debt collectors, in accordance with the Fair Debt Collection Practices Act, 15 U.S.C. section 1692et seq., are prohibited from engaging in abusive, deceptive, and unfair debt collection efforts, including but not limited to:

(i) the use or threat of violence;

(ii) the use of obscene or profane language; and

(iii) repeated phone calls made with the intent to annoy, abuse, or harass.

(2) the following notice:

"If a creditor or debt collector receives a money judgment against you in court, state and federal laws may prevent the following types of income from being taken to pay the debt:

1. Supplemental security income, (SSI);

2. Social security;

3. Public assistance (welfare);

4. Spousal support, maintenance (alimony) or child support;

5. Unemployment benefits;

6. Disability benefits;

7. Workers' compensation benefits;

8. Public or private pensions;

9. Veterans' benefits;

10. Federal student loans, federal student grants, and federal work study funds; and

11. Ninety percent of your wages or salary earned in the last sixty days.

(b) Within five days after the initial communication with a consumer in connection with the collection of any charged-off debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, provide the consumer clear and conspicuous written notification of the following:

(1) the name of the original creditor; and

(2) an itemized accounting of the debt, including:

(i) the total amount of the debt due as of charge-off;

(ii) the total amount of interest accrued since charge-off;

(iii) the total amount of non-interest charges or fees accrued since charge-off;

(iv) the total amount of payments made on the debt since the charge-off.

N.Y. Comp. Codes R. & Regs. Tit. 23 § 1.2

Adopted, New York State Register December 3, 2014/Volume XXXVI, Issue 48, eff.12/3/2014

Amended New York State Register September 9, 2015/Volume XXXVII, Issue 36, eff.9/9/2015