§ 6-62 Debt Collection Agency Penalty Schedule.
RCNY § 6-62
All citations are to Title 20 of the Administrative Code of the City of New York or Title 6 of the Rules of the City of New York. Unless otherwise specified, the penalties set forth for each section of law or rule shall also apply to all subdivisions, paragraphs, subparagraphs, clauses, items, or any other provision contained therein. Each subdivision, paragraph, subparagraph, clause, item, or other provision charged in the Notice of Violation shall constitute a separate violation of the law or rule. Unless otherwise specified by law, a second or third or subsequent violation means a violation by the same respondent, whether by pleading guilty, being found guilty in a decision, or entering into a settlement agreement for violating the same provision of law or rule, within two years of the prior violation(s). In certain cases, the Department may ask for license suspension or revocation, as permitted by statute. If a respondent is found in violation of multiple provisions that require a suspension period, the suspension periods shall run concurrently. CitationViolation DescriptionFirst ViolationFirst DefaultSecond ViolationSecond DefaultThird and Subsequent ViolationThird and Subsequent DefaultCitationViolation DescriptionFirst ViolationFirst DefaultSecond ViolationSecond DefaultThird and Subsequent ViolationThird and Subsequent DefaultAdmin. Code§ 20-490Acting as a debt collection agency without a DCA license$750, plus $100 per day & $100 per instance of contact$1,000, plus $100 per day, & $100 per instance of contact$900, plus $100 per day, & $100 per instance of contact$1,000, plus $100 per day, & $100 per instance of contact$1,000, plus $100 per day, & $100 per instance of contact$1,000, plus $100 per day, & $100 per instance of contactAdmin. Code§ 20-493.1(a)(i)Failure to provide a call back number answered by a natural person$750$1,000$900$1,000$1,000$1,000Admin. Code§ 20-493.1(a)(ii)Failure to provide the name of the debt collection agency$750$1,000$900$1,000$1,000$1,000Admin. Code§ 20-493.1(a)(iii)Failure to provide the originating creditor of the debt$750$1,000$900$1,000$1,000$1,000Admin. Code§ 20-493.1(a)(iv)Failure to provide the name of the person to call back$750$1,000$900$1,000$1,000$1,000Admin. Code§ 20-493.1(a)(v)Failure to provide the amount of the debt at the time of communication$750$1,000$900$1,000$1,000$1,000Admin. Code§ 20-493.1(b)Failure to provide written confirmation to the consumer within 5 business days of any debt payment schedule or settlement agreement$750$1,000$900$1,000$1,000$1,000Admin. Code§ 20-493.2(a)Attempting to collect or contact a consumer about a debt after failing to provide adequate verification of the debt upon request$750$1,000$900$1,000$1,000$1,000Admin. Code§ 20-493.2(b)Contacting a consumer about a debt for which the statute of limitations has expired without first providing required notice$750$1,000$900$1,000$1,000$1,0006 RCNY§ 2-190Failure to provide specified written documentation verifying the debt$750$1,000$900$1,000$1,000$1,0006 RCNY§ 2-191Failure to provide specified statute of limitations disclosure regarding the debt$750$1,000$900$1,000$1,000$1,0006 RCNY§ 2-192Failure to provide specified written confirmation of the debt payment schedule or settlement agreement$750$1,000$900$1,000$1,000$1,0006 RCNY§ 2-193Failure to comply with debt collection agency record-maintenance requirements$375$500$450$500$500$5006 RCNY§ 2-194Failure to comply with call-back number requirements$750$1,000$900$1,000$1,000$1,0006 RCNY§ 5-77(a)Failure to comply with requirements pertaining to acquisition of location information $525$525$1,050$1,050$3,500$3,5006 RCNY§ 5-77(b)Failure to comply with requirements pertaining to communicating in connection with the collection of a debt $525$525$1,050$1,050$3,500$3,5006 RCNY§ 5-77(c)Engaging in harassment or abuse in connection with the collection of a debt $525$525$1,050$1,050$3,500$3,5006 RCNY§ 5-77(d)Making a false, deceptive, or misleading representation in connection with the collection of a debt $525$525$1,050$1,050$3,500$3,5006 RCNY§ 5-77(e)Using an unfair or unconscionable means to collect or attempt to collect a debt $525$525$1,050$1,050$3,500$3,5006 RCNY§ 5-77(f)Failure to comply with the validation procedures for debt collectors who are creditors or who are employed by creditors $525$525$1,050$1,050$3,500$3,5006 RCNY§ 5-77(h)Failure to comply with requirements for public websites $525$525$1,050$1,050$3,500$3,5006 RCNY§ 5-78Designing, compiling, or furnishing a form to create false consumer belief that a third party is participating in the collection of a debt $525$525$1,050$1,050$3,500$3,500 (Added City Record 8/22/2017, eff. 9/21/2017; amended City Record 5/28/2020, eff. 6/27/2020; amended City Record 12/20/2021, eff. 1/19/2022)
