On October 22, the New York City Department of Consumer and Worker Protection (DCWP) updated its frequently asked questions (FAQs) on the Stopping Harassment and Intimidation and Ensuring Lawful Debt Collection (SHIELD) Rule, which takes effect January 1, 2027. DCWP previously issued the FAQs on August 4 (covered by InfoBytes here). The update adds two new FAQs and revises one existing FAQ.

First, a new FAQ confirms that a debt collector may obtain the consumer’s revocable “consent in writing” to electronic communications through an electronic confirmation link, provided the debt collector complies with the applicable requirements of 6 RCNY § 5-77(b)(5) and all relevant state and federal laws. According to this new FAQ: (i) the initial message must be sent solely to obtain consent and must not otherwise attempt to collect the debt; (ii) the electronic signature will be valid if it complies with New York’s Electronic Signatures and Records Act and the federal E-SIGN Act; (iii) the consumer must take an affirmative action to consent to the electronic communication, which may include clicking an “I Consent” or “Accept” button; and (iv) only one initial consent-seeking electronic message is excluded from the Rule’s limit of 3 communications per distinct consumer account within a 7 day period.

Second, DCWP revised existing FAQ VII.6 on transferring a consumer’s call to a designated representative when the assigned call-back person is unavailable by providing further information on how a debt collector can comply with the rule’s unavailability tracking obligation by advising that debt collectors may document the unavailability with generic status codes in the account record, such as “VAC,” “CALL,” or “OOO,” and need not share private or medical details about the absence.

Third, new FAQ VII.9 clarifies that the SHIELD Rule does not restrict interactive voice response menus or other routing protocols for inbound calls, but DCWP licensees must meet 6 RCNY § 2-194, which requires a call-back number routed to a qualified natural person who answers within a “cumulative 120-second connection window.” DCWP described meeting the same standard as a “best practice” for debt collectors that do not need a DCWP license.