Earlier today, the New York City Department of Consumer & Worker Protection (DCWP) announced that they are going to delay enforcement of the new Debt Collector Rules until April 1, 2025. The announcement came just two business days after a lawsuit challenging the legality of the new rule was filed, which RMAI reported on in an earlier Member Alert.
RMAI considers this a positive sign that DCWP may be realizing the challenges associated with their revised rule that have been highlighted in joint RMAI, ACA, and New York Collectors Association communications along with the facts contained in the legal complaint. However, delayed enforcement should not be confused with delayed enactment. The effective date for the new rule remains December 1, 2024. As such, there could be potential FDCPA issues for failure to comply with local rules.
This Member Alert is intended for members of the Receivables Management Association International, is for informational purposes only, and is in no way intended to provide legal advice. Members are encouraged to consult with an attorney of their choice for legal advice concerning this matter.