Consumer complaint received 2024-04-14
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: EQUIFAX, INC. (NY)

On XX/XX/24 I informed XXXX XXXX XXXX XXXX that they are not licensed to collect a debt in NY state and they informed me that they have a certificate of authority and upon my research they are mistaken. 
" A Certificate of Authority is a basic registration requirement for businesses operating in New York State, but it does not grant them permission to engage in debt collection activities. Debt collectors in or outside New York State need to obtain a specific license from the Department of State, Division of Licensing Services, in addition to registering with the state. 
Debt collectors must also obtain a license from the New York State Department of State, Division of Licensing Services, and comply with the New York State Debt Collection Act. 

this is what it says on the NYS DCA 'The law that states debt collectors must comply with the New York State Debt Collection Act ( NYS DCA ) is New York State General Business Law, Article 29-H, Sections 601-612. 

Specifically, Section 601 of the General Business Law states : " Debt collection agencies shall be subject to the provisions of this article and shall be required to obtain a license from the department of state before engaging in the business of debt collection in this state. '' This law requires debt collectors to register with the New York State Department of State, Division of Licensing Services, and comply with the regulations set forth in the NYS DCA, including obtaining a license, maintaining records, and following specific guidelines for debt collection practices. 

It's important to note that the NYS DCA is a consumer protection law that aims to regulate debt collection activities in New York State and protect consumers from abusive and deceptivepractices. 
he requirement for a debt collector to obtain a license, in addition to a Certificate of Authority, is stated in the New York State General Business Law, Article 29-H, Section 602 : " A debt collection agency shall not engage in the business of debt collection in this state without first obtaining a license from the department of state ... A certificate of authority issued pursuant to section 201 of the limited liability company law or section 303 of the partnership law shall not be deemed to be a license for purposes of this article. '' This section explicitly states that a Certificate of Authority, which is a basic registration requirement for businesses in New York State, is not sufficient for debt collectors. They must obtain a separate license from the Department of State, Division of Licensing Services, in order to legally collect debts in the state.

So, while a Certificate of Authority is necessary for a debt collector to operate in New York State, it is not enough on its own to allow them to collect debts. They must also obtain the requiredlicense. 

if they do not have a license then this is illegal debt collection practice. 

I also submitted proof on the attachments that shows bull city financial is not licensed in New York state.