If You Can't Make it There...(This is about New York City)
New York has been busy before and during the pandemic/quarantine situation we all find ourselves living through even though none of us asked for this. One of their announcements? New rules on debt collection letters.
New York City Department of Consumer Affairs's thesis statement is this:
The Department is adding new rules that require debt collectors to inform consumers about whether certain language access services are available and to retain records relating to language access services.
And later, they get specific:
Specifically, these new rules require debt collectors to:
- Inform consumers—in any initial collection notice and on any public-facing websites maintained by the collector—of the availability of any language access services provided by the collector and of a translation and description of commonly-used debt collection terms in a consumer’s preferred language on the Department’s website;
- Request, record, and retain, to the extent reasonably possible, a record of the language preference of each consumer from whom the collector attempts to collect a debt; and
- Maintain a report identifying, by language, the number of consumer accounts on which an employee of the collector attempted to collect a debt in a language other than English, and the number of employees that attempted to collect on such accounts.
But then they also are sort of not super specific at the same time? For instance:
QUESTION: What should that language about the various document translations your company offers say? The writers of this new rule don't suggest what the language should be, or even where it should be -- both on your letters and your website. In fact, a representative of NYCDCA told Cornerstone Support that there was "no form language for the disclosure." What isn't clear from this is: will there eventually be? Or is it dealer's choice and good luck?
QUESTION: When the NYCDCA says "on the Department's website," where on the website are agencies supposed to go?
Later in the statute (linked above if you want to read along with me), on page 7 of 9 (if you ever want to talk about Jeri Ryan's messy divorce, btw), section (viii), you'll read: "a statement that a translation and description of commonly-used debt collection terms is available in multiple languages on the Department’s website, www.nyc.gov/dca."
Only it's not. There is currently no glossary there. And again, in communication with Cornerstone Recovery, NYCDCA said, "There is no glossary available."
So what's an agency to do? Because you're in a potential Catch-22. If you include, on your site and on your initial verification letter that consumers can visit www.nyc.gov/dca for a glossay, you're not-on-purpose not telling the truth. And it's beyond your control because you don't run the NYC Department of Consumer Affairs. But if you don't put that language on your site/in your initial validation notice, with a link to a site that doesn't have what it says it has, you're in violation of the statute.
COMMENT: There is also the matter of record keeping. For NYC accounts, the City wants you to record the language preference of each of your consumers.
QUESTION: This is only an expectation on behalf of NYC consumers; but, if you have to program that in to the demographics you collect, do you just do it for all accounts currently in your ecosystem?
QUESTION: What form should that report take of the language, the number of consumer accounts on which an employee of the collector attempted to collect a debt in a language other than English, and the number of employees that attempted to collect on such accounts? NYCDCA is, as is there pattern here, silent. Here is what the rule does state:
(3) An annual report, in a form made publicly available on the Department’s website, identifying, by language, (i) the number of consumer accounts on which an employee collected or attempted to collect a debt owed or due or asserted to be owed or due in a language other than English; and (ii) the number of employees that collected or attempted to collect on such accounts in a language other than English.
For Research Assistant members, we're working on some examples of language other companies have started using. Those will be up by the end of the week.
TAKEAWAY: It's all a mess. It sneaked upon us on little cat's feet. And now we just have to make sense of it all. The rule goes into effect on 6/26; it's possible by that time that NYCDCA will have that glossary page set up. And it's just as possible that they won't.
This is the worst kind of rule: One that is quickly written, poorly defined, and not at all well-executed.
Be safe out there.
Your friend,
Mike Bevel
