New York’s new governor signed a new law, S737, that has a new requirement that debt collectors (and “principal creditors,” a term which is not defined) disclose, in the initial communication, that the consumer can request communications in an alternative format such as large print, braille or an audio compact disk.
The disclosure is required to be “clearly and conspicuously disclosed” in that initial communication. The debt collector must also include a telephone number that the consumer can call for making the request, presumably meaning that the request can be made in writing or verbally.
The new legislation includes a safe harbor clause, stating that a debt collector that provides a reasonable accommodation in compliance with the ADA does not violate this section.
The statute with this new requirement goes into effect on November 7, 2021.
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