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N.Y. Gen. Bus. Law § 601

Prohibited practices

Showing this section's text as in effect on January 1, 2015 (in force January 1, 2015 – January 1, 2019). View current text →

§ 601. Prohibited practices. No principal creditor, as defined by this\narticle, or his agent shall:\n 1. Simulate in any manner a law enforcement officer, or a\nrepresentative of any governmental agency of the state of New York or\nany of its political subdivisions; or\n 2. Knowingly collect, attempt to collect, or assert a right to any\ncollection fee, attorney's fee, court cost or expense unless such\nchanges are justly due and legally chargeable against the debtor; or\n 3. Disclose or threaten to disclose information affecting the debtor's\nreputation for credit worthiness with knowledge or reason to know that\nthe information is false; or\n 4. Communicate or threaten to communicate the nature of a consumer\nclaim to the debtor's employer prior to obtaining final judgment against\nthe debtor. The provisions of this subdivision shall not prohibit a\nprincipal creditor from communicating with the debtor's employer to\nexecute a wage assignment agreement if the debtor has consented to such\nan agreement; or\n 5. Disclose or threaten to disclose information concerning the\nexistence of a debt known to be disputed by the debtor without\ndisclosing that fact; or\n 6. Communicate with the debtor or any member of his family or\nhousehold with such frequency or at such unusual hours or in such a\nmanner as can reasonably be expected to abuse or harass the debtor; or\n 7. Threaten any action which the principal creditor in the usual\ncourse of his business does not in fact take; or\n 8. Claim, or attempt or threaten to enforce a right with knowledge or\nreason to know that the right does not exist; or\n 9. Use a communication which simulates in any manner legal or judicial\nprocess or which gives the appearance of being authorized, issued or\napproved by a government, governmental agency, or attorney at law when\nit is not; or\n 10. If such principal creditor or agent sends more than fifty\ninformation subpoenas per month, fail to keep complete records\nconcerning all information subpoenas sent by such principal creditor or\nagent. Such records shall be maintained for five years. Contemporaneous\nrecords shall be kept that set forth with specificity the grounds for\nsuch principal creditor or agent's reasonable belief, which must be\ncertified and accompany each information subpoena pursuant to rule\nfifty-two hundred twenty-four of the civil practice law and rules, that\nthe party receiving the subpoena has in its possession information about\nthe debtor that will assist the creditor in collecting his or her\njudgement. In addition to any other penalty that my be imposed, failure\nto maintain records in accordance with this subdivision shall subject\nsuch principal creditor or agent to a civil penalty of not more than\nfifty dollars per subpoena, up to a maximum of five thousand dollars per\nviolation, in an action brought by the attorney general.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.