As NYC DCA Language Rule Deadline Approaches, Questions Remain

Several months ago, New York City's Department of Consumer Affairs (DCA) adopted amendments related to Limited English Proficiency (LEP) consumers into its debt collection rules. The amendment was initially proposed on March 5, 2020, and a public hearing was held on April 10, 2020—just at the height of the COVID-19 pandemic scramble that led most businesses to send employees home to work. After receiving no comments, DCA moved ahead with its new rule. Only after the industry found its sea legs with the new world under COVID-19 did DCA agree to extend the grace period for enforcement of the new LEP rule to give it time to put forward an FAQ document for businesses. That extension comes to an end next week—on October 1—one big question remains unanswered.

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News and Opinion

from insideARM.com

» As NYC DCA Language Rule Deadline Approaches, Questions Remain

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2nd Cir. Holds FDCPA Defendant’s ‘Bona Fide Error’ Defense Should Go to Jury

The U.S. Court of Appeals for the Second Circuit recently held that a debt collector did not violate the federal Fair Debt Collection Practices Act (FDCPA) where it unintentionally sent a valid debt collection communication to a non-debtor.

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