New York Mandates New Consumer Protections for Relatives of Deceased Debtors
Effective March 28, 2019, § 601-a of New York's General Business Law ("GBL 601-a") will provide additional consumer protections to relatives of deceased borrowers. Typically, when a debtor passes away, the obligations on their uncollected debts pass to the debtor's estate. This can result in confusion about whom debt collectors should contact and what they can say regarding the decedent's unpaid debt. GBL 601-a will require, among other things, that no representations are made to relatives of deceased debtors to the effect that they are obligated to pay the decedent's unpaid debt.
The law provides that:
No principal creditors and/or debt collection agencies shall make any representation that a person is required to pay the debt of a family member in a way that contravenes with the fair debt collection practices act (15 USC Section 1692 et seq.). In addition, the principal creditors and/or debt collection agencies shall not make any misrepresentation about the family member's obligation to pay such debts.
The impact of this law will depend on the New York courts' interpretation and enforcement of the statute. Importantly, the statute does not provide any remedies for violation. However, it is likely that attorneys representing surviving relatives will argue that violations of GBL 601-a amount to a per se FDCPA violation.
Topics
Related Capabilities
Featured Insights

In The News
Nov 10, 2026
Brian Turetsky Examines How NYC’s Proposed POWER Act Could Expand Private UDAAP Claims

In The News
Nov 9, 2026
Kate Schnake Examines Unlawful Discrimination vs. Legitimate Advocacy in Jury Selection

Press Release
Nov 6, 2026
Hinshaw Recognized by the LCLD as a 2026 Compass Award Winner and Top Performer

Consumer Crossroads: Where Financial Services and Litigation Intersect
Nov 5, 2026
FDIC Proposes State Bank Preemption Parity Rule Regarding Host State Laws

Press Release
Nov 5, 2026
Hinshaw Named Among the Nation's Leading Law Firms in Best Law Firms® 2027

Webinar
Oct 29, 2026
Carol Rooney Presents on Building a Career in Appellate Practice

In The News
Oct 28, 2026
James Ferrara Comments in The New York Times on Stalled Boca Raton Luxury Condo Project

Insights for Insurers Alert
Oct 28, 2026
Insurance and Reinsurance Commutations, Run-Off, and Loss Portfolio Transfers

Healthcare Alert
Oct 27, 2026
Illinois Medical Aid-in-Dying Law Takes Effect Amid Legal Challenges



