NYC Department of Consumer Affairs Releases Glossary and Translations of Commonly Used Terms Just Before Expiration of Enforcement Grace Period

Ballard Spahr LLP
Contact

Ballard Spahr LLP

The enforcement grace period for the New York City Department of Consumer Affairs’ (DCA) new debt collection rules, ended October 1, 2020.

Among the provisions of the new debt collection rules is the requirement for entities engaged in debt collection procedures to include a link to the DCA’s glossary and translations of commonly used terms in debt validation letters and/or on their public websites, along with a disclosure to consumers that a translation and description of commonly used debt collection terms is available in multiple languages on the DCA’s website. On September 29, the DCA released the glossary and translations of commonly-used terms on its website. The glossary can be found here: https://www1.nyc.gov/site/dca/consumers/Glossary-of-Common-Debt-Collection-Terms.page

Although the new rules only expressly require entities to provide a link to the DCA’s website, the best practice is to provide a link directly to the glossary to avoid any Fair Debt Collection Practices Act claims that it was misleading or deceptive to send consumers to the general DCA website. The industry also understands that to be what DCA wants from a compliance standpoint, notwithstanding the literal language of the rule.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Ballard Spahr LLP | Attorney Advertising

Written by:

Ballard Spahr LLP
Contact
more
less

Ballard Spahr LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.