Senate Bill S2484

Signed By Governor
2017-2018 Legislative Session

Prohibits auto lenders from remotely disabling a vehicle without first giving notice of the disabling to the debtor

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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2017-S2484 (ACTIVE) - Details

See Assembly Version of this Bill:
A10160
Law Section:
Uniform Commercial Code
Laws Affected:
Amd §9-102, UCC; amd §601, Gen Bus L
Versions Introduced in 2015-2016 Legislative Session:
S5269, A8010

2017-S2484 (ACTIVE) - Summary

Prohibits auto lenders from remotely disabling a vehicle without first giving notice of the disabling to the debtor.

2017-S2484 (ACTIVE) - Sponsor Memo

2017-S2484 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2484
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2017
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the uniform commercial code  and  the  general  business
   law, in relation to prohibiting auto lenders from remotely disabling a
   vehicle without first giving notice of the disabling to the borrower

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subsection (a) of section 9-102 of the  uniform  commercial
 code is amended by adding a new paragraph 60-a to read as follows:
        (60-A) "PAYMENT ASSURANCE DEVICE" MEANS ANY DEVICE INSTALLED IN A
               VEHICLE THAT CAN BE USED TO REMOTELY DISABLE THE VEHICLE.
   §  2.  Subdivision  10  of section 601 of the general business law, as
 added by chapter 342 of the laws of 2011, is renumbered  subdivision  11
 and amended and a new subdivision 10 is added to read as follows:
   10.    REMOTELY  DISABLE  A  VEHICLE  USING A PAYMENT ASSURANCE DEVICE
 DEFINED IN PARAGRAPH SIXTY-A OF SUBSECTION (A) OF SECTION 9-102  OF  THE
 UNIFORM  COMMERCIAL  CODE  OR BY ANY OTHER MEANS IN ORDER TO REPOSSESS A
 DEBTOR'S VEHICLE WITHOUT FIRST HAVING GIVEN WRITTEN NOTICE OF THE POSSI-
 BLE REMOTE DISABLING OF A VEHICLE IN THE  METHOD  AND  TIMETABLE  AGREED
 UPON  BY  THE  CONSUMER  AND  THE  CREDITOR  IN THE INITIAL CONTRACT FOR
 SERVICES. THE NOTICE SHALL BE MAILED BY REGISTERED OR CERTIFIED MAIL  TO
 THE ADDRESS AT WHICH THE DEBTOR WILL BE RESIDING ON THE EXPECTED DATE OF
 THE  REMOTE  DISABLING OF THE VEHICLE. THE NOTICE SHALL BE POSTMARKED NO
 LATER THAN TEN DAYS PRIOR TO THE DATE ON WHICH THE PRINCIPAL CREDITOR OR
 HIS AGENT OBTAINS THE RIGHT TO REMOTELY DISABLE THE VEHICLE; OR
   11. If such principal creditor or agent sends more than fifty informa-
 tion subpoenas per month, fail to keep complete records  concerning  all
 information  subpoenas  sent  by  such principal creditor or agent. Such
 records shall be maintained  for  five  years.  Contemporaneous  records
 shall be kept that set forth with specificity the grounds for such prin-
 cipal creditor or agent's reasonable belief, which must be certified and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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