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Assembly Bill A7889

2009-2010 Legislative Session

Prohibits debt collectors from collecting or attempting to collect a debt owed by a deceased debtor that is known by such debt collector to be deceased

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Archive: Last Bill Status - In Senate Committee Rules Committee

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Bill Amendments

2009-A7889 - Details

Current Committee:
Senate Rules
Laws Affected:
Add §601-a, amd §602, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2011-2012: A1845
2013-2014: A218
2015-2016: A894
2017-2018: A4903

2009-A7889 - Summary

Prohibits debt collectors from collecting or attempting to collect a debt owed by a deceased debtor that is known by such debt collector to be deceased.

2009-A7889 - Bill Text download pdf 

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

                                  7889

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 28, 2009
                               ___________

Introduced  by  M. of A. ROSENTHAL, GLICK, EDDINGTON, JAFFEE, DenDEKKER,
  HOOPER, CASTRO, COOK, SPANO, FIELDS, ESPAILLAT,  MAISEL,  SCARBOROUGH,
  BARRON, KELLNER, BOYLAND, ROBINSON, GREENE -- Multi-Sponsored by -- M.
  of  A. CAHILL, GOTTFRIED, GUNTHER, HYER-SPENCER, MAGEE, McENENY, REIL-
  LY, WEISENBERG -- read once and referred to the Committee on  Consumer
  Affairs and Protection

AN  ACT  to amend the general business law, in relation to disclosure by
  principal creditors and debt collection agencies of  the  legal  obli-
  gations of a deceased debtor's family and household members

  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
601-a to read as follows:
  S 601-A. DISCLOSURE BY  PRINCIPAL  CREDITORS  AND/OR  DEBT  COLLECTION
AGENCIES.  1.  ALL  PRINCIPAL  CREDITORS AND/OR DEBT COLLECTION AGENCIES
SHALL DISCLOSE TO ALL RELATIVES AND  HOUSEHOLD  MEMBERS  OF  A  DECEASED
DEBTOR THAT HE OR SHE MAY NOT BE LEGALLY REQUIRED TO REPAY SUCH DECEASED
DEBTOR'S DEBTS AND SHALL NOT MAKE ANY MISREPRESENTATION ABOUT THE FAMILY
MEMBER'S OBLIGATION TO PAY SUCH DEBTS.
  2.  DISCLOSURE REQUIRED UNDER SUBDIVISION ONE OF THIS SECTION SHALL BE
MADE BOTH ORALLY AND IN WRITING.
  3. IN ADDITION TO ANY RIGHT OF ACTION GRANTED TO THE ATTORNEY  GENERAL
PURSUANT  TO  THIS  ARTICLE, ANY AGGRIEVED PERSON MAY BRING AN ACTION TO
ENJOIN SUCH UNLAWFUL PRACTICE AND TO RECOVER A  CIVIL  PENALTY  OF  FIVE
THOUSAND  DOLLARS  FOR EACH VIOLATION, TOGETHER WITH ANY ACTUAL DAMAGES.
THE COURT SHALL AWARD REASONABLE ATTORNEY FEES AND COSTS TO A PREVAILING
PLAINTIFF. FOR PURPOSES OF THIS SECTION, EACH COMMUNICATION  THAT  FAILS
TO COMPLY WITH THIS SECTION SHALL CONSTITUTE A SEPARATE VIOLATION. CLASS
ACTIONS  TO  RECOVER  THE  DAMAGES SET FORTH IN THIS SECTION ARE SPECIF-
ICALLY AUTHORIZED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10546-02-9

2009-A7889A - Details

Current Committee:
Senate Rules
Laws Affected:
Add §601-a, amd §602, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2011-2012: A1845
2013-2014: A218
2015-2016: A894
2017-2018: A4903

2009-A7889A - Summary

Prohibits debt collectors from collecting or attempting to collect a debt owed by a deceased debtor that is known by such debt collector to be deceased.

2009-A7889A - Sponsor Memo

2009-A7889A - Bill Text download pdf 

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

                                 7889--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 28, 2009
                               ___________

Introduced  by  M. of A. ROSENTHAL, GLICK, EDDINGTON, JAFFEE, DenDEKKER,
  HOOPER, CASTRO, COOK, SPANO, FIELDS, ESPAILLAT,  MAISEL,  SCARBOROUGH,
  BARRON,  KELLNER,  BOYLAND, ROBINSON -- Multi-Sponsored by -- M. of A.
  CAHILL, GOTTFRIED,  GUNTHER,  HYER-SPENCER,  MAGEE,  McENENY,  REILLY,
  WEISENBERG  --  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 prohibiting
  debt collectors from collecting or attempting to collect a  debt  owed
  by a deceased debtor that is known to be deceased

  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
601-a to read as follows:
  S 601-A. PROHIBITED PRACTICES REGARDING DECEASED DEBTORS. 1.  FOR  THE
PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
  (A) "DEBT" MEANS ANY OBLIGATION OR ALLEGED OBLIGATION OF A CONSUMER TO
PAY MONEY ARISING OUT OF A TRANSACTION IN  WHICH  THE  MONEY,  PROPERTY,
INSURANCE,  OR  SERVICES  WHICH  ARE  THE SUBJECT OF THE TRANSACTION ARE
PRIMARILY FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES,  WHETHER  OR  NOT
SUCH OBLIGATION HAS BEEN REDUCED TO JUDGMENT; AND
  (B)  "DEBT  COLLECTOR"  MEANS AN INDIVIDUAL WHO, AS PART OF HIS OR HER
JOB, REGULARLY COLLECTS OR ATTEMPTS TO COLLECT DEBTS: (I) OWED OR DUE OR
ASSERTED TO BE OWED OR DUE TO ANOTHER; OR (II) OBTAINED BY, OR  ASSIGNED
TO,  SUCH PERSON, FIRM OR CORPORATION, THAT ARE IN DEFAULT WHEN OBTAINED
OR ACQUIRED BY SUCH PERSON, FIRM OR CORPORATION.
  2.  ANY PRINCIPAL CREDITOR OR DEBT COLLECTOR  COMMUNICATING  WITH  ANY
PERSON  FOR  THE  PURPOSE  OF ATTEMPTING TO COLLECT A DEBT INCURRED BY A
DECEASED DEBTOR SHALL DISCLOSE TO SUCH PERSON THAT HE OR SHE MAY NOT  BE
LEGALLY  REQUIRED TO PAY SUCH DEBT. IN ADDITION, SUCH PRINCIPAL CREDITOR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10546-06-9

co-Sponsors

multi-Sponsors

2009-A7889B (ACTIVE) - Details

Current Committee:
Senate Rules
Laws Affected:
Add §601-a, amd §602, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2011-2012: A1845
2013-2014: A218
2015-2016: A894
2017-2018: A4903

2009-A7889B (ACTIVE) - Summary

Prohibits debt collectors from collecting or attempting to collect a debt owed by a deceased debtor that is known by such debt collector to be deceased.

2009-A7889B (ACTIVE) - Sponsor Memo

2009-A7889B (ACTIVE) - Bill Text download pdf 

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

                                 7889--B

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 28, 2009
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL, GLICK, JAFFEE, DenDEKKER, HOOPER,
  CASTRO, COOK, SPANO, FIELDS, ESPAILLAT, MAISEL,  SCARBOROUGH,  BARRON,
  KELLNER,  BOYLAND,  ROBINSON -- Multi-Sponsored by -- M. of A. CAHILL,
  GOTTFRIED, GUNTHER, HYER-SPENCER, MAGEE, McENENY,  REILLY,  WEISENBERG
  --  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  Rules -- Rules Committee discharged, bill amended,
  ordered reprinted as amended and recommitted to the Committee on Rules

AN ACT to amend the general business law,  in  relation  to  prohibiting
  debt  collectors  from collecting or attempting to collect a debt owed
  by a deceased debtor that is known to be deceased

  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
601-a to read as follows:
  S  601-A.  PROHIBITED PRACTICES REGARDING DECEASED DEBTORS. 1. FOR THE
PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE  THE  FOLLOWING
MEANINGS:
  (A) "DEBT" MEANS ANY OBLIGATION OR ALLEGED OBLIGATION OF A CONSUMER TO
PAY  MONEY  ARISING  OUT  OF A TRANSACTION IN WHICH THE MONEY, PROPERTY,
INSURANCE, OR SERVICES WHICH ARE THE  SUBJECT  OF  THE  TRANSACTION  ARE
PRIMARILY  FOR  PERSONAL,  FAMILY, OR HOUSEHOLD PURPOSES, WHETHER OR NOT
SUCH OBLIGATION HAS BEEN REDUCED TO JUDGMENT; AND
  (B) "DEBT COLLECTOR" MEANS AN INDIVIDUAL WHO, AS PART OF  HIS  OR  HER
JOB, REGULARLY COLLECTS OR ATTEMPTS TO COLLECT DEBTS: (I) OWED OR DUE OR
ASSERTED  TO BE OWED OR DUE TO ANOTHER; OR (II) OBTAINED BY, OR ASSIGNED
TO, SUCH PERSON, FIRM OR CORPORATION, THAT ARE IN DEFAULT WHEN  OBTAINED
OR ACQUIRED BY SUCH PERSON, FIRM OR CORPORATION.
  2.    ANY  PRINCIPAL CREDITOR OR DEBT COLLECTOR COMMUNICATING WITH ANY
PERSON FOR THE PURPOSE OF ATTEMPTING TO COLLECT A  DEBT  INCURRED  BY  A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
A                                                          LBD10546-07-9

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