§ 2-193 Records to be Maintained by Debt Collection Agency.
RCNY § 2-193
(a)Unless otherwise prohibited by federal, state or local law, a debt collection agency shall maintain a separate file for each debt that the debt collection agency attempts to collect from each consumer, in a manner that is searchable or retrievable by the name, address and ZIP code of the consumer and the creditor who originated the debt the agency is seeking to collect. The debt collection agency shall maintain in each file the following records to document its collection activities with respect to each consumer: (1) A copy of all communications with the consumer.
(2)A record of each payment received from the consumer that states the date of receipt, the method of payment and the debt to which the payment was applied.
(3)A copy of the debt payment schedule and/or settlement agreement reached with the consumer to pay the debt.
(4)With regard to any debt that the debt collection agency has purchased, a record of the name and address of the entity from which the debt collection agency purchased the debt, the date of the purchase and the amount of the debt at the time of such purchase.
(b)A debt collection agency shall maintain the following records to document its collection activities with respect to all consumers from whom it seeks to collect a debt: (1) A monthly log of all calls made to consumers, listing the date, time and duration of each call, the number called and the name of the person reached during the call.
(5)A record indicating the language preference of the consumer, except where the debt collector is not aware of such preference despite reasonable attempts to obtain it.
(c)A debt collection agency shall maintain the following records relating to its operations and practices: (1) A copy of all actions, proceedings or investigations by government agencies that resulted in the revocation or suspension of a license, the imposition of fines or restitution, a voluntary settlement, a court order, a criminal guilty plea or a conviction.
(d)The records required to be maintained pursuant to this section shall be retained for six years from the date the record was created by the debt collection agency, a document was obtained or received by the debt collection agency, a document was filed in a court action by the debt collection agency, or a training manual or employee guide was superseded, except that recordings of conversations with consumers shall be retained for one year after the date of the last conversation recorded on each completed recording tape. (Amended City Record 5/28/2020, eff. 6/27/2020)
