Assembly Bill A3601

Signed By Governor
2013-2014 Legislative Session

Prohibits the unsolicited mailing of convenience checks to consumers without the express consent of the consumer

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-A3601 (ACTIVE) - Details

See Senate Version of this Bill:
S4301
Law Section:
General Business Law
Laws Affected:
Add §520-d, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A7500
2011-2012: A2995

2013-A3601 (ACTIVE) - Summary

Prohibits the unsolicited mailing of convenience checks to consumers without the express consent of the consumer.

2013-A3601 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3601

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2013
                               ___________

Introduced  by  M.  of A. MAISEL, MILLER, McDONOUGH, ROBERTS, STEVENSON,
  COLTON, JAFFEE, WEPRIN -- Multi-Sponsored  by  --  M.  of  A.  CROUCH,
  JACOBS,  MARKEY,  MONTESANO -- read once and referred to the Committee
  on Consumer Affairs and Protection

AN ACT to amend the general business law, in relation to prohibiting the
  unsolicited mailing of convenience checks to consumers

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
520-d to read as follows:
  S  520-D. UNSOLICITED CONVENIENCE CHECKS.  1. AS USED IN THIS SECTION,
THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "CHECK" MEANS ANY NEGOTIABLE INSTRUMENT,  AS  DEFINED  BY  SECTION
3-104 OF THE UNIFORM COMMERCIAL CODE, THAT HAS IMPRINTED ON IT THE HOLD-
ER'S  NAME  AND THE DEPOSITORY INSTITUTION'S NAME, LOCATION, AND ROUTING
NUMBER.
  (B) "UNSOLICITED CHECK" MEANS ANY CHECK MAILED OR OTHERWISE  DELIVERED
TO  A HOLDER BY AN ISSUER OR AGENT ACTING ON BEHALF OF AN ISSUER FOR THE
PURPOSE OF DRAWING ON AN EXISTING ACCOUNT THAT IS AN EXTENSION OF CREDIT
OR ACTIVATING AN ACCOUNT TO OBTAIN CREDIT OTHER THAN:
  (1) IN RESPONSE TO A REQUEST OR APPLICATION FOR A CHECK OR ACCOUNT; OR
  (2) AS A SUBSTITUTE FOR A CHECK OR ACCOUNT PREVIOUSLY  ISSUED  TO  THE
PERSON TO WHOM THE CHECK IS MAILED OR OTHERWISE DELIVERED.
  2.  NO  HOLDER  IN  WHOSE NAME AN UNSOLICITED CHECK IS ISSUED SHALL BE
LIABLE FOR ANY AMOUNT RESULTING FROM  USE  OF  THAT  CHECK  OR  ACCOUNT,
UNLESS  THE  HOLDER HAS ACCEPTED THE CHECK OR ACCOUNT BY USING THE CHECK
OR ACCOUNT. FAILURE TO DESTROY OR RETURN AN UNSOLICITED CHECK SHALL  NOT
CONSTITUTE ACCEPTANCE OF THE CHECK OR ACCOUNT.
  3.  ANY  AGREEMENT  ENTERED  INTO  BY A HOLDER WHICH WAIVES, LIMITS OR
DISCLAIMS THE RIGHTS SET FORTH IN THIS SECTION SHALL BE VOID AS CONTRARY
TO PUBLIC POLICY.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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