Consumer Credit Fairness Act: Recently Enacted Legislation
Following over a decade of work by dedicated legislators and advocates, Governor Hochul has signed the Consumer Credit Fairness Act (CCFA) into law. This amendment to the New York Civil Practice Law and Rules will ensure that persons who are sued in lawsuits arising out of consumer credit transactions – i.e., debt collection lawsuits – receive the benefit of fair procedures, by requiring, for example, that a creditor or debt buyer plead basic information about an alleged debt before being allowed to proceed. The CCFA was supported by the City Bar’s Civil Court Committee and Consumer Affairs Committee, who argued that the change to the law was necessary to maintain a basic level of fairness and due process with regard to the adjudication of debt collection disputes in the New York State courts. First supported in testimony in May 2009 at an Assembly hearing, the City Bar’s committees have been active in advocating for the CCFA over the years, including by participating in lobby days in Albany; commenting on new court rules governing default judgment applications in consumer credit actions; and keeping the City Bar’s legislative report up-to-date as the bill underwent amendments.
The City Bar applauds the bill’s sponsors — Assemblymember Helene Weinstein and Senator Kevin Thomas — for their leadership on this issue. We also thank all of the committee members who have remained steadfast in their support of the CCFA until it was signed into law.
For a full list of bills supported by the City Bar during the 2021 NYS Legislative Session that have been enacted to date, click here.