S T A T E O F N E W Y O R K
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6409
2009-2010 Regular Sessions
I N A S S E M B L Y
March 3, 2009
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Introduced by M. of A. ORTIZ -- read once and referred to the Committee
on Banks
AN ACT to amend the banking law, in relation to a financial consumer
bill of rights
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The banking law is amended by adding a new section 9-v to
read as follows:
S 9-V. FINANCIAL CONSUMER BILL OF RIGHTS. 1. THE LEGISLATURE FINDS AND
DECLARES THAT CERTAIN CONSUMERS RESIDING IN THIS STATE MAY NOT BE AWARE
OF THEIR RIGHTS AS FINANCIAL CONSUMERS. IT IS THE POLICY OF THIS STATE,
CONSISTENT WITH SAFE AND SOUND BANKING PRACTICES, THAT BANKING INSTI-
TUTIONS DISCLOSE INFORMATION REGARDING WHERE CONSUMERS CAN FILE
COMPLAINTS IF A CONSUMER IS NOT SATISFIED WITH THE SERVICES A BANKING
INSTITUTION PROVIDES.
2. EVERY BANKING INSTITUTION SHALL POST IN A PUBLIC AREA OF ITS OFFICE
THE NEW YORK STATE BANKING DEPARTMENT'S TOLL FREE CONSUMER'S HOTLINE
NUMBER ALONG WITH ITS PURPOSE. EVERY BANKING INSTITUTION SHALL ALSO
POST IN A PUBLIC AREA OF ITS OFFICE THE RIGHTS AN ACCOUNT HOLDER HAS AS
DETERMINED BY THE SUPERINTENDENT PURSUANT TO SUBDIVISION THREE OF THIS
SECTION.
3. THE SUPERINTENDENT SHALL DETERMINE AND PROMULGATE THE CONTENTS OF A
NOTICE SETTING FORTH THE RIGHTS OF FINANCIAL CONSUMERS FOR PURPOSES OF
THIS SECTION.
4. AS USED IN THIS SECTION:
(A) "FINANCIAL CONSUMER" MEANS ANY PERSON WHO HOLDS AN ACCOUNT IN A
BANKING INSTITUTION PRIMARILY FOR PERSONAL, FAMILY, OR HOUSEHOLD
PURPOSES.
(B) "BANKING INSTITUTION" MEANS ANY BANK, TRUST COMPANY, SAVINGS BANK,
SAVINGS AND LOAN ASSOCIATION, OR CREDIT UNION OR BRANCH OF A FOREIGN
BANKING CORPORATION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09922-01-9
A. 6409 2
S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law provided that any rules and regulations
necessary for the timely implementation of this act on its effective
date shall be promulgated on or before such date.