N.Y. ADC. LAW § 20-489 : NY Code - Section 20-489: Definitions

Search N.Y. ADC. LAW § 20-489 : NY Code - Section 20-489: Definitions

a. "Debt collection agency" shall mean a person
  engaged in business the principal  purpose  of  which  is  to  regularly
  collect  or  attempt to collect debts owed or due or asserted to be owed
  or due to another and shall also include a buyer of delinquent debt  who
  seeks  to  collect  such debt either directly or through the services of
  another by, including but not limited  to,  initiating  or  using  legal
  processes or other means to collect or attempt to collect such debt. The
  term does not include:
    (1)  any  officer  of employee of a creditor while, in the name of the
  creditor, collecting debts for such creditor;
    (2) any officer or employee of a debt collection agency;
    (3) any person while acting as a debt collection  agency  for  another
  person,  both  of  whom are related by common ownership or affiliated by
  corporate control, if the person acting as a debt collection agency does
  so only for persons to whom it is so related or affiliated  and  if  the
  principal business of such person is not the collection of debts;
    (4)  any  person while serving or attempting to serve legal process on
  any other person in connection with  the  judicial  enforcement  of  any
  debt;
    (5) any attorney-at-law or law firm collecting a debt in such capacity
  on  behalf of and in the name of a client solely through activities that
  may  only  be  performed  by  a   licensed   attorney,   but   not   any
  attorney-at-law  or  law  firm  or part thereof who regularly engages in
  activities traditionally performed by debt  collectors,  including,  but
  not  limited  to,  contacting a debtor through the mail or via telephone
  with the purpose of collecting a debt or other activities as  determined
  by rule of the commissioner;
    (6) any person employed by a utility regulated under the provisions of
  the public service law, acting for such utility;
    (7)  any  person  collecting or attempting to collect any debt owed or
  due or asserted to be owed or due another to the  extent  such  activity
  (i)  is  incidental  to  a bona fide fiduciary obligation or a bona fide
  escrow agreement; (ii) concerns a debt  which  was  originated  by  such
  person;  (iii)  concerns  a debt which was not in default at the time it
  was obtained by such person as a secured party in  a  commercial  credit
  transaction involving the creditor;
    (8) any officer or employee of the United States, any state thereof or
  any  political subdivision of any state to the extent that collecting or
  attempting to collect any debt owed is in the performance of his or  her
  official duties;
    (9)  any  non-profit  organization which, at the request of consumers,
  performs bona fide consumer credit counseling and assists  customers  in
  the liquidation of their debts by receiving payments from such customers
  and distributing such amounts to creditors.
    b.  The  term "child support" means a sum to be paid by either or both
  parents pursuant to court  order  or  decree  or  pursuant  to  a  valid
  agreement  between  the parties for care, maintenance and education of a
  child.
    c. The term "consumer" means any natural person obligated or allegedly
  obligated to pay any debt.
    d. The term "debt" means any obligation or  alleged  obligation  of  a
  consumer  to  pay money arising out of a transaction in which the money,
  property,  insurance,  or  services  which  are  the  subject   of   the
  transaction  are  primarily for personal, family, or household purposes,
  whether or not such obligation has been  reduced  to  judgment,  or  any
  obligation  or  alleged  obligation  arising  out of a judgment or valid
  agreement for the payment of child support.