New debt collection practices regualtions went into efffect in NYS this year. Se 23 NYCRR section 1.
They appear to have complied with the new SOL expiration advisement provisions, but perhaps not others.
I would suggest that you review their initial communication to you for their compliance with the new, expended "dunning"-type notification under the NYS regs, and that you also consider sending a "debt substantiation requiest" under the new regs, which entitiles you to additional information not covered under the FDCPA.
They may be unable to comply, and thus solve your problem...............
A brief summary:
Statute of Limitations Disclosure requirment
Debt collectors are now required to provide disclaimers to the consumer if it is believed that the debt may be beyond the statute of limitations. The disclosure must state that the creditor and/or collector believes that the SoL has expired, that the consumer may stop any collection lawsuit filed on a time-barred account, and that the consumer is not required to pay but if they choose to do so, the SoL may restart, exposing the consumer to legal liability.
The rule text provides sample language, running four paragraphs, that satisfies the requirement. One passage from that language reads:
Even if the statute of limitations has expired, you may choose to make payments on the debt. However, be aware: if you make a payment on the debt, admit to owing the debt, promise to pay the debt, or waive the statute of limitations on the debt, the time period in which the debt is enforceable in court may start again.
The statute of limitations disclosure requirements go into effect March 3, 2015.
General Collection and Account-Specific Disclosure requirments
Under the new rules, within five days after initial communication with a consumer, a debt collector must provide written disclosures that apprise the consumer of restricted behavior under the FDCPA, a list of funds exempt from judgment (such as Social Security payments), and enumerated information about the debt, specifically:
- The name of the original creditor; and
- An itemized accounting of the debt, including:
- the total amount of the debt due as of charge-off;
- the total amount of interest accrued since charge-off;
- the total amount of non-interest charges or fees accrued since charge-off;
- the total amount of payments made on the debt since the charge-off
The debt collector has the option to satisfy this requirement in the initial communication.
Debt Validation Requests (referred to as a "debt substantiation request")
If a consumer requests validation orally, the debt collector must make reasonable efforts to inform the consumer, in the conversation in which the request was communicated, how the consumer can make a “written request for substantiation” of the debt in writing and provide the consumer with such instructions in writing within 14 days.
Once a debt substantiation request is received, the debt collector has 60 days to provide written validation, during which time all collection efforts must cease. The written substantiation must include a copy of a judgment against the consumer or the original –or a copy of – signed contract, an account statement provided by the original creditor, a statement describing the complete chain of title of the account, and any records pertaining to previous settlement offers.
