N.Y. Comp. Codes R. & Regs. tit. 4 § 1.2

Current through Register Vol. 46, No. 24, June 12, 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 consumer's rights in connection with the debt, including:

(1) that debt collectors, in accordance with the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., are prohibited from engaging in abusive, deceptive, and misleading 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 written notice:

"A creditor may sue you to collect on this debt. Even if the creditor sues you and wins, 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 regarding the nature of the consumer's charged-off debt, including:

(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) each additional charge or fee accrued since charge-off;

(iii) the name of the creditor or debt collector that levied each charge or fee since charge-off;

(iv) the date of and the basis for the accrual of each additional charge or fee since charge-off; and

(v) each payment made on the debt since the charge-off, and the date of each payment.

N.Y. Comp. Codes R. & Regs. Tit. 4 § 1.2

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