On October 22, the New York City Department of Consumer and Worker Protection (DCWP) updated its frequently asked questions on the Stopping Harassment and Intimidation and Ensuring Lawful Debt Collection (SHIELD) Rule. The additions address obtaining electronic consent, documenting the unavailability of an assigned call-back person, and configuring automated phone systems. These operational clarifications, rather than amendments to the rule itself, provide additional guidance ahead of the rule’s January 1, 2027 effective date.

Electronic Consent Through a Confirmation Link

New FAQ III.3 explains that a debt collector may obtain a consumer’s revocable written consent to electronic communications through an initial electronic confirmation link, provided the process satisfies 6 RCNY § 5-77(b)(5) and applicable state and federal law. The initial message must be sent solely to obtain consent and must not otherwise attempt to collect the debt. The consumer must take an affirmative action to consent, which may include clicking an “I Consent” or “Accept” button, and the electronic signature must comply with New York’s Electronic Signatures and Records Act and the federal E-SIGN Act.

Importantly, only one initial consent-seeking electronic message is excluded from the rule’s limit of three communications per distinct consumer account within a seven-day period. Subsequent electronic communications must comply with applicable frequency caps and all other local, state, and federal requirements. The clarification therefore does not provide an exemption for repeated consent requests.

Documenting an Unavailable Call-Back Person

The updated response to FAQ VII.6 provides additional flexibility for documenting why the call-back person identified in a validation notice is unavailable. Existing guidance permits transferring the consumer to a designated representative who can answer questions about the notice or account, provided the collector documents the assigned person’s unavailability and that the representative spoke with the consumer. The added language explains that collectors may use standard status codes in the consumer’s account record, such as “VAC,” “CALL,” or “OOO,” to record unavailability. Specific private or medical information about the employee’s absence need not be shared.

Automated Phone Routing and the 120-Second Standard

New FAQ VII.9 confirms that the SHIELD Rule does not prohibit interactive voice response menus or automated routing for inbound calls. For debt collection agencies required to hold a DCWP license, however, systems must comply with 6 RCNY § 2-194. The FAQ describes that provision as requiring a call-back number routed to a natural person qualified to answer the consumer’s questions, with the call answered within a cumulative 120-second connection window during all times the agency conducts business with consumers.

For debt collectors not required to be licensed by DCWP, the agency characterizes following the licensee standard as a best practice, not a mandatory requirement. The FAQ also confirms that an automated system may route a call to a designated representative capable of answering questions about the validation notice or account when the listed call-back person is unavailable.

Our Take

The additions offer practical direction for implementing electronic consent and inbound call-handling processes. Collectors preparing for the January 1 effective date should review consent workflows, account-status documentation, and automated routing against the updated guidance.