
Robert A. Marsico
Partner
201-896-7165 rmarsico@sh-law.comFirm Insights
Author: Robert A. Marsico
Date: December 15, 2014

Partner
201-896-7165 rmarsico@sh-law.comThe regulations represent the first use of “gap authority” under the New York Financial Services Law, enacted in 2011. That statute allows the state to regulate and enforce rules against previously unregulated providers of financial products and services.
“Here in New York we will not tolerate debt collectors who wrongfully take advantage of consumers,” Governor Andrew Cuomo said in a press statement. “That’s why we’re rolling out tough new regulations that protect borrowers and help crack down on illegitimate debt collection practices. These new tools and disclosures will protect New Yorkers across the state, and I am pleased that our administration is leading the way on this issue.”
Below are several key provisions of 23 NYCRR Part 1:
The regulations require debt collectors to make additional initial disclosures when first contacting an alleged debtor. In addition to providing general information on the rights of debtors, collectors must disclose, as to charged off debts, specific information about the debt, such as the amount owed at charge-off, and the total post-charge-off interest, charges, and fees.
The law aims to protect consumers from so-called “zombie debts,” (which are debts for which the statute of limitations has already expired), by requiring collectors to maintain reasonable procedures for determining the statute of limitations applicable to a debt it is collecting and whether such statute of limitations has expired. Prior to accepting payment for such debts, collectors must notify the consumer that they believe the statute of limitations may be expired and that, if the consumer is sued on such a debt, the consumer may be able to prevent a judgment by asserting that the statute of limitations has expired.
Within five business days of agreeing to a debt payment schedule or other agreement to settle a debt, a debt collector must provide the consumer with written documentation, which includes include all material terms and conditions relating to the payments and schedule as well as a required notice regarding types of income that cannot be garnished to satisfy a debt.
Under the new law, a consumer can request “substantiation” of the debt at any time during the collections process. Upon receipt of a substantiation request, the debt collector must cease collection and provide documentation proving the validity of the debt and the creditor’s right to collect that debt within 60 days.
: After mailing a consumer the written disclosures required under the regulation, a debt collector may provide subsequent correspondence to the consumer through electronic mail only if the consumer has voluntarily provided a personal email address that the consumer has affirmed is not furnished or owned by the consumer’s employer, and has consented in writing to receive electronic mail correspondence from the debt collector in reference to a specific debt.
The new regulation will take effect on March 3, 2015. However, the provisions governing disclosure requirements and substantiation of debts will be delayed for an additional period of time in order to provide debt collectors time to comply.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

New Jersey personal guaranty liability is a critical issue for business owners who regularly sign contracts on behalf of their companies. A recent New Jersey Supreme Court decision provides valuable guidance on when a business owner can be held personally responsible for a company’s debt. Under the Court’s decision in Extech Building Materials, Inc. v. […]
Author: Charles H. Friedrich

Commercial real estate trends in 2026 are being shaped by shifting economic conditions, technological innovation, and evolving tenant demands. As the market adjusts to changing interest rates, capital flows, and workplace models, investors, owners, tenants, and developers must understand how these trends are influencing opportunities and risk in the year ahead. Overall Outlook for Commercial […]
Author: Michael J. Willner

Part 2 – Tips Excluded from Income Certain employees and independent contractors may be eligible to deduct tips from their income for tax years 2025 through 2028 under provisions included in the One Big Beautiful Bill. The deduction is capped at $25,000 per year and begins to phase out at $150,000 of modified adjusted gross […]
Author: Scott H. Novak

Part 1 – Overtime Pay and Income Tax Treatment Overview This Firm Insights post summarizes one provision of the “One Big Beautiful Bill” related to the tax treatment of overtime compensation and related employer wage reporting obligations. Overtime Pay and Employee Tax Treatment The Fair Labor Standards Act (FLSA) generally requires that overtime be paid […]
Author: Scott H. Novak

In 2025, New York enacted one of the most consequential updates to its consumer protection framework in decades. The Fostering Affordability and Integrity through Reasonable Business Practices Act (FAIR Act) significantly expands the scope and strength of New York’s long-standing consumer protection statute, General Business Law § 349, and alters the compliance landscape for New York […]
Author: Dan Brecher

For many New Jersey businesses, growth is a primary objective for the New Year. However, it is important to recognize that growth involves both opportunity and risk. For example, business expansion often results in complex contracts, an increased workforce, new regulatory requirements, and heightened exposure to disputes. Without proactive planning, even routine growth can lead […]
Author: Ken Hollenbeck
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!