New York Notice of Increase in Charge for Credit Based on Information Received From Person Other Than Consumer Reporting Agency

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Description

Whenever credit for personal, family, or household purposes involving a consumer is denied or the charge for the credit is increased either wholly or partly because of information obtained from a person other than a credit reporting agency bearing on the consumer's creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living, certain requirements must be met. The user of such information, when the adverse action is communicated to the consumer, must clearly and accurately disclose the consumer's right to make a written request for disclosure of the information. If such a request is made and is received within 60 days after the consumer learned of the adverse action, the user, within a reasonable period of time, must disclose to the consumer the nature of the information.

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FAQ

The Consumer Credit Fairness Act of 2021 ? which was signed into law last November ? will go into effect next month and reduces the statute of limitations for consumer debt collection from six years to three years.

Section 605(h)(1) of the Fair Credit Reporting Act requires that, when providing a consumer report to a person that requests the report (a user), a nationwide consumer reporting agency (NCRA) must provide a notice of address discrepancy to the user if the address provided by the user in its request ?substantially ...

Statute of Limitations in New York Thanks to a law passed in 2021, the statute of limitations of debt in New York is three years, which means that's how much time a debt collector has to file a lawsuit to recover the debt through the court system.

The Consumer Credit Fairness Act requires plaintiffs to file certain affidavits when seeking a default judgment in any consumer debt case as follows: If the plaintiff is the original creditor, the application MUST include an Affidavit of Facts by Original Creditor [UCS-CCR3].

Effective April 7, 2022, the New York statute of limitations for debt collection lawsuits arising out of a consumer credit transaction is reduced from six years to three years. Also, payment toward the debt or written or oral affirmation of the debt by the consumer does not revive or extend the limitations period.

Enacts the New York privacy act to require companies to disclose their methods of de-identifying personal information, to place special safeguards around data sharing and to allow consumers to obtain the names of all entities with whom their information is shared.

Thus, under the FCRA, certain consumer information will be subject to two opt-out notices, a sharing opt-out notice (Section 603(d)) and a marketing use opt-out notice (Section 624). These two opt-out notices may be consolidated. Federal Register to implement this section (72 FR 62910).

What Is the New York Fair Debt Collection Practices Act? New York's version of the FDCPA (sometimes referred to as the New York Debt Collection Procedures Act) is similar to the federal FDCPA. Congress passed the FDCPA back in 1978 to stop abusive debt collection practices used by certain debt collectors.

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New York Notice of Increase in Charge for Credit Based on Information Received From Person Other Than Consumer Reporting Agency