S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10667
 
                           I N  A S S E M B L Y
 
                              August 12, 2022
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. L. Rosen-
   thal) -- read once and referred to the Committee on  Consumer  Affairs
   and Protection
 
 AN  ACT to amend the general business law, in relation to establishing a
   right of action for claims arising out of coerced debts
 
   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 article
 29-HHH to read as follows:
                               ARTICLE 29-HHH
                      ACTIONS INVOLVING COERCED DEBTS
 SECTION 604-AA. DEFINITIONS.
         604-BB. PROHIBITED PRACTICES; RIGHT OF ACTION.
         604-CC. NOTICE OF INTENTION TO COMMENCE AN ACTION; REQUIREMENTS.
         604-DD. EXCEPTIONS.
   §  604-AA.  DEFINITIONS.  AS USED IN THIS ARTICLE, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. "ACTION" MEANS ANY CIVIL JUDICIAL PROCEEDING AS DEFINED IN  SECTION
 ONE HUNDRED FIVE OF THE CIVIL PRACTICE LAW AND RULES.
   2.  "CONSUMER  CLAIM" MEANS ANY OBLIGATION OF A NATURAL PERSON FOR THE
 PAYMENT OF MONEY OR ITS EQUIVALENT WHICH IS  OR  IS  ALLEGED  TO  BE  IN
 DEFAULT  AND  WHICH  ARISES OUT OF A TRANSACTION WHEREIN CREDIT HAS BEEN
 OFFERED OR EXTENDED TO A NATURAL PERSON,  AND  THE  MONEY,  PROPERTY  OR
 SERVICE  WHICH  WAS  THE  SUBJECT  OF  THE TRANSACTION WAS PRIMARILY FOR
 PERSONAL, FAMILY OR HOUSEHOLD PURPOSES. SUCH TERM INCLUDES AN OBLIGATION
 OF A NATURAL PERSON WHO IS A CO-MAKER, ENDORSER, GUARANTOR OR SURETY  AS
 WELL AS THE NATURAL PERSON TO WHOM SUCH CREDIT WAS ORIGINALLY EXTENDED.
   3. "COERCED DEBT" MEANS DEBT, AS DEFINED IN SUBDIVISION SIX OF SECTION
 SIX  HUNDRED  OF  THIS  CHAPTER  THAT WAS INCURRED AS A RESULT OF FRAUD,
 DURESS, INTIMIDATION, THREAT, FORCE, IDENTITY THEFT, EXPLOITATION OF THE
 DEBTOR'S PERSONAL INFORMATION  OR  SIMILAR  ECONOMIC  ABUSE  PERPETRATED
 AGAINST A DEBTOR OR ALLEGED DEBTOR.
   4.  "CREDITOR"  MEANS ANY PERSON, FIRM, CORPORATION OR ORGANIZATION TO
 WHOM A CONSUMER CLAIM IS OWED, DUE OR ASSERTED TO BE DUE OR OWED, OR ANY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15989-01-2
 A. 10667                            2
 
 ASSIGNEE FOR VALUE OF SAID PERSON, FIRM,  CORPORATION  OR  ORGANIZATION,
 INCLUDING  ANY  DEBT  COLLECTION  AGENCY OR DEBT COLLECTOR AS DEFINED IN
 SECTION SIX HUNDRED OF THIS CHAPTER; PROVIDED, HOWEVER  THAT  "CREDITOR"
 SHALL  NOT  INCLUDE A PERSON TO WHOM A CONSUMER CLAIM IS ALLEGEDLY OWED,
 DUE OR ASSERTED TO BE DUE OR OWED WHERE THE PERSON ASSERTING SUCH  CLAIM
 CAUSED  THE  CLAIM  TO ARISE BY ENGAGING IN ONE OR MORE ACTS OF COERCION
 IDENTIFIED IN SUBDIVISION THREE OF THIS SECTION AGAINST  THE  DEBTOR  OR
 ALLEGED DEBTOR.
   5.  "DEBTOR"  MEANS  ANY NATURAL PERSON WHO OWES OR WHO IS ASSERTED TO
 OWE A CONSUMER CLAIM.
   6. "PERSONAL INFORMATION" MEANS, IN ADDITION TO THE DEFINITION OF SUCH
 TERM PROVIDED IN SUBDIVISION SIX OF SECTION EIGHT  HUNDRED  NINETY-NINE-
 AAA OF THIS CHAPTER, AN ADDRESS, TELEPHONE NUMBER, DRIVER'S REGISTRATION
 NUMBER OR NON-DRIVER IDENTIFICATION CARD NUMBER, SOCIAL SECURITY NUMBER,
 EMAIL ADDRESS, SOCIAL MEDIA PROFILE OR SCREEN NAME, PLACE OF EMPLOYMENT,
 EMPLOYEE IDENTIFICATION NUMBER, MOTHER'S MAIDEN NAME, FINANCIAL SERVICES
 ACCOUNT NUMBER OR CODE, SAVINGS ACCOUNT NUMBER OR CODE, CHECKING ACCOUNT
 NUMBER  OR  CODE,  DEBIT OR CREDIT CARD NUMBER OR CODE, AUTOMATED TELLER
 MACHINE NUMBER OR CODE, ELECTRONIC SERIAL NUMBER OR ANY  PERSONAL  IDEN-
 TIFICATION  NUMBER OF A DEBTOR OR ALLEGED DEBTOR. AS USED IN THIS SUBDI-
 VISION, "PERSONAL IDENTIFICATION NUMBER" MEANS ANY NUMBER OR CODE  WHICH
 MAY BE USED ALONE OR IN CONJUNCTION WITH ANY OTHER INFORMATION TO ASSUME
 THE  IDENTITY  OF ANOTHER PERSON OR ACCESS FINANCIAL RESOURCES OR CREDIT
 OF ANOTHER PERSON.
   7. "PLEADING" MEANS  ANY  COMPLAINT,  PETITION,  COUNTERCLAIM,  CROSS-
 CLAIM,  INTERPLEADER  COMPLAINT,  THIRD-PARTY  COMPLAINT  OR ANY SIMILAR
 PAPERS ASSERTING A CLAIM AND DEMAND FOR RELIEF REQUIRED TO BE FILED WITH
 THE COURT PURSUANT TO RULE TWENTY-ONE HUNDRED TWO OF THE CIVIL  PRACTICE
 LAW  AND  RULES,  THE RULES OF THE CHIEF ADMINISTRATOR OF THE COURTS, OR
 ANY LOCAL RULE OR PRACTICE ESTABLISHED BY THE COURT.
   8. "QUALIFIED THIRD-PARTY PROFESSIONAL" MEANS ANY OF THE FOLLOWING:
   (A) A RAPE CRISIS COUNSELOR, AS DEFINED IN SUBDIVISION TWO OF  SECTION
 FORTY-FIVE HUNDRED TEN OF THE CIVIL PRACTICE LAW AND RULES.
   (B)  A  DOMESTIC  VIOLENCE ADVOCATE, AS DEFINED IN SUBDIVISION FIVE OF
 SECTION FORTY-FIVE HUNDRED TEN OF THE CIVIL PRACTICE LAW AND RULES.
   (C) A COURT-APPOINTED SPECIAL ADVOCATE APPOINTED PURSUANT  TO  ARTICLE
 TWENTY-ONE-C OF THE JUDICIARY LAW.
   (D)  AN  ATTORNEY APPOINTED PURSUANT TO THE PROVISIONS OF PART FOUR OF
 ARTICLE TWO OF THE FAMILY COURT ACT.
   (E) A BOARD CERTIFIED OR BOARD ELIGIBLE PSYCHIATRIST OR PSYCHOLOGIST.
   (F) A LICENSED MARRIAGE AND FAMILY THERAPIST, AS  DEFINED  IN  SECTION
 EIGHTY-FOUR HUNDRED THREE OF THE EDUCATION LAW.
   (G)  A LICENSED MASTER SOCIAL WORKER OR LICENSED CLINICAL SOCIAL WORK-
 ER, AS DEFINED IN ARTICLE ONE HUNDRED FIFTY-FOUR OF TITLE EIGHT  OF  THE
 EDUCATION LAW.
   (H)  A  SOCIAL  WORKER  OR  CASEWORKER EMPLOYED BY AN ADULT PROTECTIVE
 SERVICES AGENCY PURSUANT TO TITLE ONE OF ARTICLE NINE-B  OF  THE  SOCIAL
 SERVICES LAW OR A CHILD PROTECTIVE SERVICES AGENCY PURSUANT TO TITLE SIX
 OF ARTICLE SIX OF THE SOCIAL SERVICES LAW.
   § 604-BB. PROHIBITED PRACTICES; RIGHT OF ACTION. 1. (A) NO CREDITOR OR
 AGENT OF SUCH CREDITOR SHALL CLAIM, OR ATTEMPT OR THREATEN TO ENFORCE OR
 OTHERWISE  ASSERT ANY RIGHTS WITH RESPECT TO ANY DEBT WHEN SUCH CREDITOR
 KNOWS OR HAS REASON TO KNOW THAT SUCH DEBT IS A COERCED DEBT AS  DEFINED
 IN SUBDIVISION THREE OF SECTION SIX HUNDRED FOUR-AA OF THIS ARTICLE.
   (B)  FOR THE PURPOSES OF THIS SECTION, A CREDITOR "KNOWS OR HAS REASON
 TO KNOW" THAT A DEBT IS A COERCED DEBT WHEN SUCH CREDITOR HAS RECEIVED A
 A. 10667                            3
 
 NOTICE OF INTENTION TO FILE AN ACTION FROM AN ALLEGED DEBTOR PURSUANT TO
 SECTION SIX HUNDRED FOUR-CC OF  THIS  ARTICLE;  PROVIDED,  HOWEVER  THAT
 NOTHING  IN  THIS SECTION SHALL BE CONSTRUED SO AS TO RESTRICT THE POWER
 OF  A  COURT TO FIND THAT SUCH KNOWLEDGE OR REASON TO KNOW EXISTED PRIOR
 TO A CREDITOR'S RECEIPT OF ANY SUCH NOTICE OF INTENTION ON THE BASIS  OF
 OTHER EVIDENCE PROPERLY BEFORE IT.
   2.  AN  ALLEGED  DEBTOR AGGRIEVED BY A VIOLATION OF THIS SECTION SHALL
 HAVE A RIGHT OF ACTION IN ANY COURT OF APPROPRIATE JURISDICTION FOR  THE
 FOLLOWING RELIEF:
   (A)  A  DECLARATORY JUDGMENT STATING THAT THE DEBT IS INVALID AND THAT
 THE ALLEGED DEBTOR IS NOT LIABLE FOR SUCH COERCED DEBT.
   (B) AN ORDER ENJOINING OR RESTRAINING THE ALLEGED CREDITOR FROM  HOLD-
 ING  OR  ATTEMPTING TO HOLD THE ALLEGED DEBTOR PERSONALLY LIABLE FOR THE
 COERCED DEBT OR ATTEMPTING TO OBTAIN OR  ENFORCE  ANY  JUDGMENT  THEREON
 AGAINST  SUCH  ALLEGED  DEBTOR  AND ENJOINING AND RESTRAINING ALL FUTURE
 COLLECTION ACTIVITIES WITH RESPECT TO SUCH DEBT.
   (C) AN ORDER DISMISSING ANY OTHER  CAUSE  OF  ACTION  BROUGHT  BY  THE
 ALLEGED CREDITOR TO ENFORCE OR COLLECT THE COERCED DEBT FROM THE ALLEGED
 DEBTOR.
   (D)  IF  THE  ALLEGED  CREDITOR HAS FURNISHED ADVERSE INFORMATION TO A
 CONSUMER CREDIT REPORTING AGENCY WITH RESPECT TO SUCH COERCED  DEBT,  AN
 ORDER DIRECTING THE ALLEGED CREDITOR TO NOTIFY SUCH AGENCY TO DELETE ALL
 SUCH ADVERSE INFORMATION.
   3. IN ANY ACTION ALLEGING A VIOLATION OF THIS SECTION, IT SHALL BE THE
 BURDEN  OF  THE  PARTY  ASSERTING SUCH VIOLATION TO PLEAD AND PROVE BY A
 PREPONDERANCE OF THE EVIDENCE THAT:
   (A) THE ALLEGED DEBT IS A COERCED DEBT; AND
   (B) THE CREDITOR KNEW OR HAD REASON TO KNOW THAT THE DEBT WAS  COERCED
 AND  THEREAFTER  ENGAGED  IN  COLLECTION ACTIVITIES IN VIOLATION OF THIS
 SECTION.
   4. IN ANY ACTION BY A CREDITOR AGAINST AN ALLEGED DEBTOR  ARISING  OUT
 OF  A  CONSUMER  CLAIM,  AS  DEFINED  IN  SUBDIVISION TWO OF SECTION SIX
 HUNDRED FOUR-AA OF THIS ARTICLE, SUCH ALLEGED  DEBTOR  MAY  INTERPOSE  A
 CLAIM FOR RELIEF PURSUANT TO THIS SECTION BY THE FILING AND SERVICE UPON
 SUCH  CREDITOR OR ANY APPROPRIATE THIRD-PARTY OF ANY PLEADING AUTHORIZED
 BY THE CIVIL PRACTICE LAW AND RULES.
   5. (A) AN ACTION PURSUANT TO THIS SECTION SHALL  BE  COMMENCED  WITHIN
 FOUR  YEARS  AFTER  THE  DATE  ON WHICH THE ALLEGED DEBTOR KNEW, OR WITH
 REASONABLE DILIGENCE SHOULD HAVE DISCOVERED THE EXISTENCE OF THE COERCED
 DEBT; PROVIDED, HOWEVER, THAT NO SUCH ACTION SHALL BE COMMENCED OR MAIN-
 TAINED UNLESS SUCH ALLEGED DEBTOR SHALL HAVE PROVIDED WRITTEN NOTICE  OF
 INTENTION  TO  COMMENCE SUCH ACTION IN ACCORDANCE WITH THE PROVISIONS OF
 SECTION SIX HUNDRED FOUR-CC OF THIS ARTICLE.
   (B) FOR THE PURPOSES OF THIS ARTICLE, AN ACTION IS "COMMENCED" BY  THE
 FILING AND SERVICE OF A PLEADING ASSERTING A CLAIM AND DEMAND FOR RELIEF
 PURSUANT  TO  THIS  SECTION  BY  AN ALLEGED DEBTOR AGAINST A CREDITOR OR
 OTHER APPROPRIATE PARTY IN ACCORDANCE WITH THE REQUIREMENTS OF THE CIVIL
 PRACTICE LAW AND RULES.
   6. NO PLEADING ASSERTING A DEMAND FOR RELIEF PURSUANT TO THIS  ARTICLE
 SHALL BE ACCEPTED FOR FILING UNLESS:
   (A)  AT  LEAST  THIRTY  DAYS SHALL HAVE ELAPSED FROM THE DATE THAT THE
 NOTICE OF INTENTION TO COMMENCE AN ACTION WAS SENT BY THE ALLEGED DEBTOR
 TO THE CREDITOR IN ACCORDANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED
 FOUR-CC OF THIS ARTICLE; AND
   (B) A COPY OF SUCH NOTICE OF INTENTION AND ANY RESPONSE THERETO  SHALL
 BE ANNEXED TO SUCH PLEADING.
 A. 10667                            4

   7.  ACTIONS  AND  PROCEEDINGS  BROUGHT PURSUANT TO THIS ARTICLE MAY BE
 INSTITUTED IN ANY COURT OF THIS STATE HAVING JURISDICTION  TO  ISSUE  AN
 INJUNCTION. SUCH COURT SHALL EXERCISE EXCLUSIVE, CONTINUING JURISDICTION
 OVER  SUCH  ACTION OR PROCEEDING FOR A PERIOD OF TEN YEARS FOLLOWING THE
 COMMENCEMENT  OF  SUCH  ACTION OR PROCEEDING TO ALLOW FOR THE JOINDER OF
 CLAIMS ARISING OUT OF COERCED DEBTS AGAINST THE SAME CREDITOR OR  CREDI-
 TORS,  REGARDLESS OF WHETHER A FINAL JUDGMENT HAS BEEN ENTERED AS TO ANY
 SUCH CREDITOR IN THE ORIGINAL ACTION OR PROCEEDING. THE COURT MAY, PRIOR
 TO THE EXPIRATION OF SUCH TEN-YEAR TIME PERIOD,  EXTEND  ITS  CONTINUING
 JURISDICTION  OVER  ANY  SUCH  MATTER WHERE IT FINDS GOOD CAUSE FOR SUCH
 EXTENSION.
   8. IN THE EVENT THAT ANY ACTION OR PROCEEDING BROUGHT  BY  AN  ALLEGED
 DEBTOR PURSUANT TO THIS SECTION SHALL BE FOUND BY THE COURT TO BE FRIVO-
 LOUS,  AS  DEFINED  IN SECTION EIGHTY THREE HUNDRED THREE-A OF THE CIVIL
 PRACTICE LAW AND RULES, THE CREDITOR SHALL BE ENTITLED TO  RECOVER  FROM
 THE  ALLEGED DEBTOR THE COSTS AND ATTORNEY'S FEES REASONABLY INCURRED IN
 DEFENDING SUCH FRIVOLOUS ACTION, CLAIM, COUNTERCLAIM, DEFENSE OR  CROSS-
 CLAIM OR OTHER PLEADINGS.
   §  604-CC. NOTICE OF INTENTION TO COMMENCE AN ACTION; REQUIREMENTS. 1.
 AN ALLEGED DEBTOR SHALL, PRIOR TO COMMENCEMENT OF ANY ACTION PURSUANT TO
 THIS ARTICLE, PROVIDE A WRITTEN NOTICE OF  INTENTION  TO  COMMENCE  SUCH
 ACTION AT LEAST THIRTY DAYS PRIOR TO THE COMMENCEMENT THEREOF IN ACCORD-
 ANCE WITH THE PROVISIONS OF THIS SECTION.
   2.  (A)  THE  NOTICE OF INTENTION DESCRIBED IN SUBDIVISION ONE OF THIS
 SECTION SHALL BE DELIVERED TO THE ALLEGED CREDITOR'S  PRINCIPAL  OFFICE,
 OR  AN  AGENT  DESIGNATED  FOR  SERVICE OF PROCESS UPON SUCH CREDITOR AS
 INDICATED BY THE BUSINESS ENTITY RECORDS AVAILABLE ON THE DEPARTMENT  OF
 STATE'S WEBSITE.
   (B)  EVERY  SUCH  NOTICE  OF  INTENTION  SHALL  IDENTIFY THE ALLEGEDLY
 COERCED DEBT AND SHALL INCLUDE A DESCRIPTION OF SPECIFIC FACTS  SUPPORT-
 ING  THE  ALLEGATIONS OF COERCION WITH RESPECT TO SUCH DEBT. SUCH STATE-
 MENT SHALL CONTAIN OR BE ACCOMPANIED BY AT LEAST  ONE  OR  MORE  OF  THE
 FOLLOWING:
   (I)  A COPY OF A VALID POLICE REPORT FILED BY THE ALLEGED DEBTOR INDI-
 CATING THAT THE DEBT BEING COLLECTED BY THE CREDITOR WAS INCURRED  AS  A
 RESULT  OF  FRAUD,  DURESS, INTIMIDATION, THREAT, FORCE, IDENTITY THEFT,
 EXPLOITATION OF THE DEBTOR'S  PERSONAL  INFORMATION  OR  OTHER  ECONOMIC
 ABUSE.
   (II) A COPY OF A FEDERAL TRADE COMMISSION ID THEFT REPORT FINDING THAT
 THE  DEBT  WAS  INCURRED  AS  A  RESULT  OF FRAUD, DURESS, INTIMIDATION,
 THREAT, FORCE, IDENTITY THEFT, EXPLOITATION  OF  THE  DEBTOR'S  PERSONAL
 INFORMATION OR OTHER ECONOMIC ABUSE.
   (III)  AN ORDER OF PROTECTION ISSUED PURSUANT TO SECTION 530.12 OF THE
 CRIMINAL PROCEDURE LAW OR ARTICLE EIGHT OF THE FAMILY COURT ACT RELATING
 TO DOMESTIC VIOLENCE, AN ORDER OF PROTECTION ISSUED PURSUANT TO  ARTICLE
 THREE OF THE FAMILY COURT ACT RELATING TO JUVENILE DELINQUENCY OR PURSU-
 ANT TO ARTICLE SEVEN OF THE FAMILY COURT ACT RELATING TO PERSONS IN NEED
 OF  SUPERVISION,  OR  PURSUANT  TO  ARTICLE  TEN OF THE FAMILY COURT ACT
 RELATING TO PLACEMENT AND PERMANENCY PROCEEDINGS, A COURT ORDER  ENJOIN-
 ING  OR  OTHERWISE ADDRESSING ELDER ABUSE OR ABUSE OF DEPENDENT CHILDREN
 OR ADULTS, OR ANY JUDICIAL OR QUASI-JUDICIAL ORDER OR JUDGMENT INVOLVING
 THE ALLEGED DEBTOR THAT IDENTIFIES INSTANCES OF  FRAUD,  DURESS,  INTIM-
 IDATION,  THREAT, FORCE, OR EXPLOITATION OF THE DEBTOR'S PERSONAL INFOR-
 MATION WITH RESPECT TO THE DEBT SOUGHT TO BE COLLECTED.
   (IV) (A) DOCUMENTS OR RECORDS OF A QUALIFIED THIRD-PARTY PROFESSIONAL,
 AS DEFINED IN SUBDIVISION FIVE OF SECTION SIX HUNDRED  FOUR-AA  OF  THIS
 A. 10667                            5
 
 ARTICLE,  CONSISTING  OF  INFORMATION ACQUIRED WHILE ACTING IN A PROFES-
 SIONAL CAPACITY RELATING TO FRAUD, DURESS, INTIMIDATION, THREAT,  FORCE,
 OR EXPLOITATION OF THE DEBTOR'S PERSONAL INFORMATION WITH RESPECT TO THE
 DEBT  SOUGHT  TO BE COLLECTED, PROVIDED SUCH DOCUMENTATION SATISFIES THE
 REQUIREMENTS SET FORTH IN CLAUSE (B) OF THIS SUBPARAGRAPH.
   (B) NO DOCUMENT OR RECORD DESCRIBED IN CLAUSE (A) OF THIS SUBPARAGRAPH
 SHALL SATISFY THE REQUIREMENTS OF THIS SECTION UNLESS SUCH DOCUMENTATION
 IS SIGNED BY THE QUALIFIED THIRD-PARTY  PROFESSIONAL  AND  DISPLAYS  THE
 LETTERHEAD,  ADDRESS AND PHONE NUMBER OF THE OFFICE, AGENCY, INSTITUTION
 OR OTHER ORGANIZATION AT WHICH SUCH PROFESSIONAL IS EMPLOYED OR ENGAGES,
 OR THE LETTERHEAD, ADDRESS AND PHONE NUMBER OF ANY SELF-EMPLOYED  QUALI-
 FIED  PROFESSIONAL,  REGARDLESS  OF  WHETHER SUCH PROFESSIONAL WAS OR IS
 RECEIVING FINANCIAL COMPENSATION FOR SUCH PROFESSIONAL'S SERVICES.
   3. (A) UPON RECEIPT OF A NOTICE OF INTENTION AND THE SUPPORTING  MATE-
 RIALS  DESCRIBED  IN SUBDIVISION TWO OF THIS SECTION, THE CREDITOR SHALL
 CEASE ALL COLLECTION ACTIVITIES WITH  RESPECT  TO  THE  DEBT  IDENTIFIED
 THEREIN  FOR  NOT LESS THAN THIRTY DAYS FOLLOWING SUCH RECEIPT AND SHALL
 REVIEW AND CONSIDER ALL OF THE INFORMATION PROVIDED IN SUCH NOTICE ALONG
 WITH ANY OTHER RELEVANT INFORMATION AVAILABLE TO SUCH CREDITOR AND SHALL
 MAKE A DETERMINATION THEREON AS PROVIDED IN PARAGRAPH (B) OF THIS SUBDI-
 VISION.
   (B) (I) IF, AFTER REVIEW OF THE INFORMATION PROVIDED IN THE NOTICE  OF
 INTENTION  AND ACCOMPANYING MATERIALS AND ANY OTHER RELEVANT INFORMATION
 AVAILABLE TO THE CREDITOR, THE CREDITOR DETERMINES THAT THE  INFORMATION
 SO  PROVIDED  DOES  NOT ESTABLISH THAT THE DEBT IN QUESTION IS A COERCED
 DEBT, THE CREDITOR SHALL NOTIFY THE ALLEGED DEBTOR IN  WRITING  OF  SUCH
 DETERMINATION  STATING THE BASIS THEREFORE PRIOR TO RESUMING OR COMMENC-
 ING COLLECTION ACTIVITIES WITH RESPECT TO SUCH DEBT; PROVIDED,  HOWEVER,
 THAT  IN  NO  EVENT  SHALL  A CREDITOR RESUME COLLECTION ACTIVITIES WITH
 RESPECT TO ANY SUCH DEBT BEFORE AT LEAST THIRTY DAYS SHALL HAVE  ELAPSED
 AFTER THE RECEIPT OF ANY SUCH NOTICE OF INTENTION.
   (II)  IN THE EVENT THAT THE CREDITOR DETERMINES THAT THE DEBT IN QUES-
 TION IS A COERCED DEBT, SUCH CREDITOR SHALL NOTIFY THE ALLEGED DEBTOR IN
 WRITING OF SUCH DETERMINATION, AND:
   (A) IF THE CREDITOR HAS FURNISHED ADVERSE INFORMATION  TO  A  CONSUMER
 CREDIT  REPORTING  AGENCY, NOTIFY THE AGENCY TO DELETE THAT INFORMATION;
 AND
   (B) NOTIFY ANY OTHER INTERESTED CREDITOR THAT DEBT  COLLECTION  ACTIV-
 ITIES  HAVE  BEEN  TERMINATED  BASED  UPON THE DEBTOR'S CLAIM OF COERCED
 DEBT.
   (C) NO ACTION OR PROCEEDING AUTHORIZED BY SECTION SIX HUNDRED  FOUR-BB
 OF  THIS  ARTICLE  SHALL  BE COMMENCED OR CONTINUED AGAINST ANY CREDITOR
 PURSUANT TO THIS ARTICLE AFTER SUCH CREDITOR HAS  NOTIFIED  THE  ALLEGED
 DEBTOR  AND  ALL NECESSARY PARTIES THAT IT HAS TERMINATED ALL COLLECTION
 ACTIVITIES IN ACCORDANCE WITH SUBPARAGRAPH (II) OF PARAGRAPH (B) OF THIS
 SUBDIVISION.
   § 604-DD. EXCEPTIONS. 1. THE PROVISIONS OF THIS ARTICLE SHALL  NOT  BE
 CONSTRUED  SO  AS  TO  PREVENT  A  CREDITOR  FROM ENFORCING ANY CLAIM OR
 COLLECTING JUDGMENT ARISING OUT OF LAWFUL DEBT OR PORTION  THEREOF  FROM
 ANY OTHER PERSON OR ENTITY OTHER THAN THE COERCED DEBTOR.
   2.  THE  PRIVATE  RIGHT OF ACTION AUTHORIZED BY THIS SECTION SHALL NOT
 APPLY TO ANY DEBT SECURED BY REAL PROPERTY NOR SHALL  IT  APPLY  TO  ANY
 ACTION  TO  ENFORCE A LIEN OF PERSONAL PROPERTY PURSUANT TO ARTICLE NINE
 OF THE LIEN LAW.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.