Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 05, 2024 |
print number 1309b |
Jan 05, 2024 |
amend and recommit to codes |
Jan 03, 2024 |
referred to codes |
May 16, 2023 |
reported referred to codes |
May 11, 2023 |
print number 1309a |
May 11, 2023 |
amend and recommit to consumer affairs and protection |
Jan 17, 2023 |
referred to consumer affairs and protection |
Assembly Bill A1309B
2023-2024 Legislative Session
Sponsored By
ROSENTHAL L
Current Bill Status - In Assembly Committee
- 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
Actions
Bill Amendments
co-Sponsors
Anna Kelles
Latrice Walker
Taylor Darling
MaryJane Shimsky
2023-A1309 - Details
2023-A1309 - Summary
Prohibits creditors from enforcing a consumer debt 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; establishes a right of action by the debtor for relief against creditors for violations; makes related provisions.
2023-A1309 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1309 2023-2024 Regular Sessions I N A S S E M B L Y January 17, 2023 ___________ Introduced by M. of A. L. ROSENTHAL, KELLES -- 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. NOTICE OF COERCED DEBT. 604-CC. COERCED DEBT CAUSE OF ACTION AND AFFIRMATIVE DEFENSE. § 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. "ADEQUATE DOCUMENTATION OF COERCED DEBT" MEANS DOCUMENTATION THAT IDENTIFIES A PARTICULAR DEBT, OR A PORTION THEREOF, AS COERCED DEBT, DESCRIBES THE CIRCUMSTANCES UNDER WHICH SUCH COERCED DEBT WAS INCURRED, AND TAKES THE FORM OF ANY OF THE FOLLOWING: (A) A POLICE REPORT; (B) A FEDERAL TRADE COMMISSION IDENTITY THEFT REPORT THAT IDENTIFIES A PARTICULAR DEBT, OR PORTION THEREOF, AS A COERCED DEBT; (C) AN ORDER FROM A COURT OF COMPETENT JURISDICTION SETTING FORTH FINDINGS OF COERCED DEBT; OR (D) A WRITTEN VERIFICATION, FROM A QUALIFIED THIRD PARTY TO WHOM THE DEBTOR REPORTED THE COERCED DEBT, WHICH SHALL BE SATISFIED BY ANY SWORN OR NOTARIZED STATEMENT INCLUDING THE REQUIRED INFORMATION AS WELL AS THE LETTERHEAD, ADDRESS, AND TELEPHONE NUMBER OF SUCH QUALIFIED THIRD PARTY'S EMPLOYER OR, IF SELF-EMPLOYED, OF SUCH QUALIFIED THIRD PARTY. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05065-01-3
co-Sponsors
Anna Kelles
Latrice Walker
Taylor Darling
MaryJane Shimsky
2023-A1309A - Details
2023-A1309A - Summary
Prohibits creditors from enforcing a consumer debt 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; establishes a right of action by the debtor for relief against creditors for violations; makes related provisions.
2023-A1309A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1309--A 2023-2024 Regular Sessions I N A S S E M B L Y January 17, 2023 ___________ Introduced by M. of A. L. ROSENTHAL, KELLES, WALKER, DARLING, SHIMSKY, BURDICK -- read once and referred to the Committee on Consumer Affairs and Protection -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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. NOTICE OF COERCED DEBT. 604-CC. COERCED DEBT CAUSE OF ACTION AND AFFIRMATIVE DEFENSE. § 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. "ADEQUATE DOCUMENTATION OF COERCED DEBT" MEANS DOCUMENTATION THAT IDENTIFIES A PARTICULAR DEBT, OR A PORTION THEREOF, AS COERCED DEBT, DESCRIBES THE CIRCUMSTANCES UNDER WHICH SUCH COERCED DEBT WAS INCURRED, AND TAKES THE FORM OF ANY OF THE FOLLOWING: (A) A POLICE REPORT; (B) A FEDERAL TRADE COMMISSION IDENTITY THEFT REPORT THAT IDENTIFIES A PARTICULAR DEBT, OR PORTION THEREOF, AS A COERCED DEBT; (C) AN ORDER FROM A COURT OF COMPETENT JURISDICTION SETTING FORTH FINDINGS OF COERCED DEBT; OR (D) A WRITTEN VERIFICATION, FROM A QUALIFIED THIRD PARTY TO WHOM THE DEBTOR REPORTED THE COERCED DEBT, WHICH SHALL BE SATISFIED BY ANY SWORN OR NOTARIZED STATEMENT INCLUDING THE REQUIRED INFORMATION AS WELL AS THE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05065-02-3
co-Sponsors
Anna Kelles
Latrice Walker
Taylor Darling
MaryJane Shimsky
2023-A1309B (ACTIVE) - Details
2023-A1309B (ACTIVE) - Summary
Prohibits creditors from enforcing a consumer debt 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; establishes a right of action by the debtor for relief against creditors for violations; makes related provisions.
2023-A1309B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1309--B 2023-2024 Regular Sessions I N A S S E M B L Y January 17, 2023 ___________ Introduced by M. of A. L. ROSENTHAL, KELLES, WALKER, DARLING, SHIMSKY, BURDICK, REYES -- read once and referred to the Committee on Consumer Affairs and Protection -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported and referred to the Committee on Codes -- recommitted to the Committee on Codes in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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. NOTICE OF COERCED DEBT. 604-CC. COERCED DEBT CAUSE OF ACTION AND AFFIRMATIVE DEFENSE. § 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. "ADEQUATE DOCUMENTATION OF COERCED DEBT" MEANS DOCUMENTATION THAT IDENTIFIES A PARTICULAR DEBT, OR A PORTION THEREOF, AS COERCED DEBT, DESCRIBES THE CIRCUMSTANCES UNDER WHICH SUCH COERCED DEBT WAS INCURRED, AND TAKES THE FORM OF ANY OF THE FOLLOWING: (A) A POLICE REPORT; (B) A FEDERAL TRADE COMMISSION IDENTITY THEFT REPORT THAT IDENTIFIES A PARTICULAR DEBT, OR PORTION THEREOF, AS A COERCED DEBT; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05065-04-3 A. 1309--B 2
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