NY State Senate Bill 2009-S1696

Archive: Last Bill Status - In Senate Committee Consumer Protection 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

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 11, 2010	print number 1696a
Jun 11, 2010	amend and recommit to consumer protection
Jan 06, 2010	referred to consumer protection
Feb 05, 2009	referred to consumer protection

Bill Amendments

Original

A (Active)

2009-S1696 - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §394-f, Gen Bus L
Versions Introduced in 2011-2012 Legislative Session:: S3002

2009-S1696 - Summary

Tracks federal privacy act of 1974 with respect to the obligation of a person to disclose their social security number to another person, partnership, association or corporation; provides where there is no legal basis for request that a person may refuse to provide his or her social security number; provides for enforcement by attorney general.

2009-S1696 - Sponsor Memo

                                 BILL NUMBER:  S1696

 TITLE OF BILL :
An act to amend the general business law, in relation to the
disclosure of social security numbers


 PURPOSE OR GENERAL IDEA OF BILL :
To restrict the unnecessary dissemination and collection of Social
Security Numbers thereby protecting the personal privacy of New
Yorkers. To extend the privacy protection of the federal Privacy Act
of 1974.

 SUMMARY OF SPECIFIC PROVISIONS :
This bill tracks the intent of the federal Privacy Act of 1974 by
stipulating that every person, firm, partnership or corporation which
requests a social security number from an individual must reveal in
writing or orally when the request is made orally of the authority for
the solicitation of the information, whether disclosure is mandatory
pursuant to federal law or regulation and the purpose of the
information. Where there is no legal basis for the request, a person
may refuse to provide his/her social security number. In such cases,
the person shall not be denied any service. The bill further provides
for enforcement by the Attorney General. Whenever the court shall
determine that a violation involving disclosure has occurred, the
court may impose a civil penalty of not more than five hundred

dollars. The second or subsequent violation shall be punishable by a
civil penalty of not more than one thousand dollars. Moreover, as
provided in other statutes, the bill provides for damages, where
appropriate.

 EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER :
The General Business Law is amended by adding a new section 394-f.

 JUSTIFICATION :
Increasing demands are being placed on individuals to furnish a Social
Security Number in circumstances when the use of the SSN is neither
required by the federal government for federal programmatic purposes
nor necessary. For example, some stores and supermarkets demand Social
Security Numbers for check cashing and other unknown purposes and
utilities and cable companies request Social Security Numbers to grant
service. Finally, some companies request Social Security Numbers on
contest entry forms. Consumers are frequently given the impression
that such information is required. In some instances, the disclosure
of one's SSN has been made a condition for obtaining services.

The SSN is increasingly being used as a password or an authenticator
of identity. The Social Security Number is becoming a de facto
identification number. Credit records are indexed by SSN; some banks
and credit unions even use it as an individual's account number.
Several universities use the number for both student and faculty ID
numbers and many health plans use the SSN to identify their
subscribers. Such use is not necessary, just convenient and can be
risky, since the widespread circulation of SSNs makes them
increasingly ascertainable by anyone wishing to impersonate another
and invade personal privacy.  In application fraud, for example,
someone simply files bogus credit card applications using the person's
name and SSN. The thief then runs up large bills on someone else's
account and, of course, does not pay them. Most consumers who have
been victims of this form of fraud are not aware of the problem until
months later, frequently when they begin receiving dunning letters
from creditors. By that time, their credit history has been damaged.
It has also become common for illegal aliens to provide false Social
Security Numbers when they seek employment.


The scrambled earnings records create a nightmare for the rightful
owner. Unemployment compensation claims have been rejected because
other individuals were already collecting unemployment benefits on the
rightful owners' numbers. The proliferation of the use of the SSN
makes it easier for large organizations and institutions to compare
their databases. While government is prohibited from computer
matching, private organizations are not. Thus, by providing a Social
Security Number for a non-governmental or non-mandated purpose,
individuals are providing organizations with the means to access other
data about them in disparate data banks without the knowledge or
consent of the data subject to manipulate personal information and
create detailed profiles and dossiers.

In addition to data matching by large institutions, the SSN allows
curious individuals, people you might not want, to snoop into private
records, hopping from database to database consisting of various
insurance, business and medical records to draw out a profile. As
stated by a computer security expert, once someone has a person's
Social Security Number, he or she can get somebody's life history.
The SSN in its present form is not a satisfactory identifier. There is
no real security for institutions in relying on the SSN. SSNs are too
often transposed to create accidental inaccuracies. Moreover,
individuals often secure or create multiple SSNs.

Furthermore, the Social Security Administration adheres to a policy of
responding to requests for the verification of numbers from only those
institutions that are authorized to maintain and record such data.
Finally, the federal Privacy Act of 1974 requires federal, state and
local governmental agencies requesting SSNs to cite its formal legal
authority, reveal whether disclosure is mandatory or voluntary and
explain how the number will be used. Enactment of the proposed law
would extend this needed protection to the private sector. In
addition, the bill is consistent with the recommendations of the 1973
report, RECORDS, COMPUTERS AND THE RIGHTS OF CITIZENS, issued by the
U.S. Department of Health, Education and Welfare.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :
None.

 EFFECTIVE DATE :
This act shall take effect on the one hundred twentieth day after it
shall have become law.

2009-S1696 - Bill Text download pdf

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

                                  1696

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 5, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law, in relation to the  disclosure
  of social security numbers

  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
394-f to read as follows:
  S 394-F. DISCLOSURE OF SOCIAL SECURITY NUMBER. 1. EVERY PERSON,  FIRM,
PARTNERSHIP,  ASSOCIATION OR CORPORATION WHICH REQUESTS AN INDIVIDUAL TO
RELEASE, DISCLOSE OR FURNISH HIS OR HER  SOCIAL  SECURITY  NUMBER  SHALL
INFORM  SUCH INDIVIDUAL, IN WRITING, OR ORALLY WHERE THE REQUEST IS MADE
ORALLY, WHETHER FEDERAL OR STATE LAW OR REGULATION AUTHORIZES THE SOLIC-
ITATION OF THE SOCIAL SECURITY NUMBER, WHETHER DISCLOSURE OF SUCH NUMBER
IS MANDATORY OR VOLUNTARY AND THE  PRINCIPAL  PURPOSE  OR  PURPOSES  FOR
WHICH SUCH INFORMATION IS INTENDED TO BE USED.
  2.  NO  PERSON,  FIRM,  PARTNERSHIP,  ASSOCIATION OR CORPORATION SHALL
REQUIRE AN INDIVIDUAL TO DISCLOSE OR FURNISH HIS OR HER SOCIAL  SECURITY
NUMBER,  FOR  ANY  PURPOSE IN CONNECTION WITH ANY ACTIVITY, OR TO REFUSE
ANY SERVICE, PRIVILEGE OR  RIGHT  TO  AN  INDIVIDUAL  WHOLLY  OR  PARTLY
BECAUSE  SUCH  INDIVIDUAL  REFUSES  TO  DISCLOSE OR FURNISH SUCH NUMBER,
UNLESS THE DISCLOSURE OR FURNISHING OF SUCH NUMBER IS REQUIRED  PURSUANT
TO FEDERAL OR STATE LAW OR REGULATION.
  3.  WHENEVER  THERE  SHALL BE A VIOLATION OF THIS SECTION, APPLICATION
MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF  THE  PEOPLE  OF  THE
STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL
PROCEEDING  TO  ISSUE AN INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF
NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF  SUCH
VIOLATION;  AND  IF  IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR
JUSTICE THAT THE DEFENDANT HAS,  IN  FACT,  VIOLATED  THIS  SECTION,  AN
INJUNCTION  MAY  BE  ISSUED  BY  SUCH  COURT  OR  JUSTICE, ENJOINING AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02143-01-9

S. 1696                             2

RESTRAINING ANY FURTHER VIOLATION,  WITHOUT  REQUIRING  PROOF  THAT  ANY
PERSON  HAS,  IN  FACT,  BEEN  INJURED  OR  DAMAGED THEREBY. IN ANY SUCH
PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO  THE  ATTORNEY  GENERAL  AS
PROVIDED  IN  PARAGRAPH  SIX  OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND  DIRECT  RESTITU-
TION.  IN  CONNECTION  WITH  ANY SUCH PROPOSED APPLICATION, THE ATTORNEY
GENERAL IS AUTHORIZED TO TAKE PROOF AND  MAKE  A  DETERMINATION  OF  THE
RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRAC-
TICE  LAW AND RULES. WHENEVER THE COURT SHALL DETERMINE THAT A VIOLATION
OF SUBDIVISION ONE OF THIS SECTION HAS OCCURRED, THE COURT SHALL  IMPOSE
A  CIVIL  PENALTY  OF  NOT  MORE  THAN  FIVE HUNDRED DOLLARS. THE SECOND
OFFENSE AND ANY OFFENSE COMMITTED THEREAFTER SHALL BE  PUNISHABLE  BY  A
CIVIL  PENALTY OF NOT MORE THAN ONE THOUSAND DOLLARS. WHENEVER THE COURT
SHALL DETERMINE THAT A VIOLATION OF SUBDIVISION TWO OF THIS SECTION  HAS
OCCURRED,  THE  COURT  SHALL IMPOSE A CIVIL PENALTY OF NOT MORE THAN ONE
THOUSAND DOLLARS.
  4. ANY PERSON WHO HAS BEEN INJURED BY REASON OF ANY VIOLATION OF  THIS
SECTION MAY BRING AN ACTION IN HIS OR HER OWN NAME TO ENJOIN SUCH UNLAW-
FUL  ACT  OR PRACTICE, AN ACTION TO RECOVER HIS OR HER ACTUAL DAMAGES OR
FIFTY DOLLARS, WHICHEVER IS GREATER, OR BOTH  SUCH  ACTIONS.  THE  COURT
MAY,  IN  ITS DISCRETION, INCREASE THE AWARD OF DAMAGES TO AN AMOUNT NOT
TO EXCEED THREE TIMES THE ACTUAL DAMAGES UP TO ONE THOUSAND DOLLARS,  IF
THE  COURT  FINDS  THE  DEFENDANT  WILLFULLY  OR KNOWINGLY VIOLATED THIS
SECTION. THE COURT MAY AWARD REASONABLE ATTORNEY'S FEES TO A  PREVAILING
PLAINTIFF.
  5.  NO  PERSON, FIRM, PARTNERSHIP, ASSOCIATION OR CORPORATION SHALL BE
DEEMED TO HAVE VIOLATED THE PROVISIONS OF THIS SECTION IF  SUCH  PERSON,
FIRM,  PARTNERSHIP, ASSOCIATION OR CORPORATION SHOWS, BY A PREPONDERANCE
OF THE EVIDENCE, THAT THE VIOLATION WAS  NOT  INTENTIONAL  AND  RESULTED
FROM  A  BONA  FIDE ERROR MADE NOTWITHSTANDING THE MAINTENANCE OF PROCE-
DURES REASONABLY ADOPTED TO AVOID SUCH ERROR.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

2009-S1696A (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §394-f, Gen Bus L
Versions Introduced in 2011-2012 Legislative Session:: S3002

2009-S1696A (ACTIVE) - Summary

2009-S1696A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1696A

TITLE OF BILL:
An act to amend the general business law, in relation to the
disclosure of social security numbers

PURPOSE OR GENERAL IDEA OF BILL:
To restrict the unnecessary dissemination and collection of social
Security Numbers thereby protecting the personal privacy of New
Yorkers. To extend the privacy protection of the federal Privacy Act
of 1974.

SUMMARY OF SPECIFIC PROVISIONS:
This bill tracks the intent of the federal Privacy Act of 1974 by
stipulating that every person, firm, partnership or corporation which
requests a social security number from an individual must reveal in
writing or orally when the request is made orally of the authority for
the solicitation of the information, whether disclosure is mandatory
pursuant to federal law or regulation and the purpose of the
information. Where there is no legal basis for the request, a person
may refuse to provide his/her social security number. In such cases,
the person shall not be denied any service. The bill further provides
for enforcement by the Attorney General. Whenever the court shall
determine that a violation involving disclosure has occurred, the
court may impose a civil penalty of not more than five hundred
dollars. The second or subsequent violation shall be punishable by a

civil penalty of not more than one thousand dollars. Moreover, as
provided in other statutes, the bill provides for damages, where
appropriate.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
The General Business Law is amended by adding a new section 394-f.

JUSTIFICATION:
Increasing demands are being placed on individuals to furnish a Social
security Number in circumstances when the use of the SSN is neither
required by the federal government for federal programmatic purposes
nor necessary. For example, some stores and supermarkets demand social
Security Numbers for check cashing and other unknown purposes and
utilities and cable companies request Social Security Numbers to grant
service.  Finally, some companies request Social Security Numbers on
contest entry forms. Consumers are frequently given the impression
that such information is required. In some instances, the disclosure
of one's SSN has been made a condition for obtaining services.

The SSN is increasingly being used as a password or an authenticator
of identity. The Social Security Number is becoming a de facto
identification number. credit records are indexed by SSN; some banks
and credit unions even use it as an individual's account number.
Several universities use the number for both student and faculty ID
numbers and many health plans use the SSN to identify their
subscribers. such use is not necessary, just convenient and can be
risky, since the widespread circulation of SSNS makes them
increasingly ascertainable by anyone wishing to impersonate another
and invade personal privacy. In application fraud, for example,
someone simply files bogus credit card applications using the person's


name and SSN. The thief then runs up large pills on someone else's
account and, of course, does not pay them. Most consumers who have
been victims of this form of fraud are not aware of the problem until
months later, frequently when they begin receiving dunning letters
from creditors. By that time, their credit history has been damaged.
It has also become common for illegal aliens to provide false Social
Security Numbers when they seek employment.

The scrambled earnings records create a nightmare for the rightful
owner. Unemployment compensation claims have been rejected because
other individuals were already collecting unemployment benefits on the
rightful owners' numbers. The proliferation of the use of the SSN
makes it easier for large organizations and institutions to compare
their databases. While government is prohibited from computer
matching, private organizations are not. Thus, by providing a social
Security Number for a non_governmental or non-mandated purpose,
individuals are providing organizations with the means to access other
data about them in disparate data banks without the knowledge or
consent of the data subject to manipulate personal information and
create detailed profiles and dossiers.

In addition to data matching by large institutions, the SSN allows
curious individuals, people you might not want, to snoop into private
records, hopping from database to database consisting of various
insurance, business and medical records to draw out a profile. As
stated by a computer security expert, once someone has a person's
Social Security Number, he or she can get somebody's life history.
The SSN in its present form is not a satisfactory identifier. There is
no real security for institutions in relying on the SSN. SSNs are too
often transposed to create accidental inaccuracies. Moreover,
individuals often secure or create multiple SSNs.

Furthermore, the Social Security Administration adheres to a policy of
responding to requests for the verification of numbers from only those
institutions that are authorized to maintain and record such data.
Finally, the federal privacy Act of 1974 requires federal, state and
local governmental agencies requesting SSNs to cite its formal legal
authority, reveal whether disclosure is mandatory or voluntary and
explain how the number will be used. Enactment of the proposed law
would extend this needed protection to the private sector. In
addition, the bill is consistent with the recommendations of the 1973
report, RECORDS, COMPUTERS AND THE RIGHTS OF CITIZENS, issued by the
U.S. Department of Health, Education and Welfare.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become law.

2009-S1696A (ACTIVE) - Bill Text download pdf

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

                                 1696--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 5, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  recommitted to the Committee on Consumer Protection in accordance with
  Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the general business law, in relation to the  disclosure
  of social security numbers

  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
399-ddd to read as follows:
  S 399-DDD. DISCLOSURE OF SOCIAL SECURITY NUMBER. 1.  AS USED  IN  THIS
SECTION,  "SOCIAL  SECURITY  ACCOUNT  NUMBER"  SHALL  INCLUDE THE NUMBER
ISSUED BY THE FEDERAL SOCIAL  SECURITY  ADMINISTRATION  AND  ANY  NUMBER
DERIVED  FROM  SUCH NUMBER.  SUCH TERM SHALL NOT INCLUDE ANY NUMBER THAT
HAS BEEN ENCRYPTED.
  2. NO PERSON,  FIRM,  PARTNERSHIP,  ASSOCIATION  OR  CORPORATION,  NOT
INCLUDING  THE  STATE  OR  ITS  POLITICAL SUBDIVISIONS, SHALL REQUIRE AN
INDIVIDUAL TO DISCLOSE OR FURNISH HIS OR  HER  SOCIAL  SECURITY  ACCOUNT
NUMBER,  FOR  ANY  PURPOSE IN CONNECTION WITH ANY ACTIVITY, OR TO REFUSE
ANY SERVICE, PRIVILEGE OR  RIGHT  TO  AN  INDIVIDUAL  WHOLLY  OR  PARTLY
BECAUSE  SUCH  INDIVIDUAL  REFUSES  TO  DISCLOSE OR FURNISH SUCH NUMBER,
UNLESS ONE OF THE EXCEPTIONS ENUMERATED IN  SUBDIVISION  THREE  OF  THIS
SECTION APPLIES.
  3.  THE  PROVISIONS  OF  THIS SECTION SHALL NOT APPLY IN THE FOLLOWING
INSTANCES:
  (A) THE INDIVIDUAL CONSENTS TO THE ACQUISITION OR USE OF  HIS  OR  HER
SOCIAL SECURITY ACCOUNT NUMBER.
  (B) THE SOCIAL SECURITY ACCOUNT NUMBER IS EXPRESSLY REQUIRED BY FEDER-
AL, STATE, OR LOCAL LAW OR REGULATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02143-13-0

S. 1696--A                          2

  (C)  THE  SOCIAL  SECURITY  ACCOUNT  NUMBER IS TO BE USED FOR INTERNAL
VERIFICATION OR FRAUD INVESTIGATION.
  (D)  THE SOCIAL SECURITY ACCOUNT NUMBER IS TO BE USED FOR ANY BUSINESS
FUNCTION PERMITTED OR ALLOWED UNDER THE GRAMM  LEACH  BLILEY  ACT,  P.L.
106-102 (1999).
  (E) THE SOCIAL SECURITY ACCOUNT NUMBER IS REQUESTED IN CONNECTION WITH
A  REQUEST  FOR CREDIT OR A CREDIT TRANSACTION INITIATED BY THE CONSUMER
OR IN CONNECTION WITH A LAWFUL REQUEST FOR A CONSUMER REPORT OR INVESTI-
GATIVE CONSUMER REPORT, AS SUCH  TERMS  ARE  DEFINED  IN  SECTION  THREE
HUNDRED EIGHTY-A OF THIS CHAPTER.
  (F) THE SOCIAL SECURITY ACCOUNT NUMBER IS REQUESTED IN CONNECTION WITH
A DEPOSIT ACCOUNT OR AN INVESTMENT.
  (G)  THE  SOCIAL  SECURITY ACCOUNT NUMBER IS REQUESTED FOR PURPOSES OF
EMPLOYMENT, INCLUDING IN THE COURSE OF THE ADMINISTRATION  OF  A  CLAIM,
BENEFIT,  OR  PROCEDURE  RELATED  TO  THE INDIVIDUAL'S EMPLOYMENT BY THE
PERSON, INCLUDING THE INDIVIDUAL'S TERMINATION FROM EMPLOYMENT,  RETIRE-
MENT  FROM  EMPLOYMENT, INJURY SUFFERED DURING THE COURSE OF EMPLOYMENT,
OR TO CHECK ON AN UNEMPLOYMENT INSURANCE CLAIM OF THE INDIVIDUAL.
  (H) THE SOCIAL SECURITY ACCOUNT NUMBER IS REQUESTED  FOR  PURPOSES  OF
TAX COMPLIANCE.
  (I)  THE  SOCIAL  SECURITY ACCOUNT NUMBER IS REQUESTED FOR THE PURPOSE
OF:
  I. THE COLLECTION OF CHILD OR SPOUSAL SUPPORT;
  II. DETERMINING WHETHER AN INDIVIDUAL HAS A CRIMINAL RECORD; OR
  III. BLOOD OR ORGAN DONATION.
  (J) THE SOCIAL SECURITY ACCOUNT NUMBER IS REQUESTED IN CONNECTION WITH
ANY INTERACTION WITH A GOVERNMENTAL LAW ENFORCEMENT AGENCY OR IS USED IN
CONJUNCTION WITH THE ENFORCEMENT OF A JUDGMENT OF A COURT  OF  COMPETENT
JURISDICTION BY A SHERIFF OR MARSHAL.
  (K) THE SOCIAL SECURITY ACCOUNT NUMBER IS REQUESTED FOR THE PURPOSE OF
VERIFYING  AN  INDIVIDUAL'S IDENTITY OR AGE IN ORDER TO ALLOW SUCH INDI-
VIDUAL TO OBTAIN ACCESS TO, OR ENROLL IN, A MARKETING  PROGRAM  THAT  IS
RESTRICTED TO INDIVIDUALS OF A CERTAIN AGE.
  (L)  I. THE SOCIAL SECURITY ACCOUNT NUMBER IS REQUESTED BY AN INDIVID-
UAL, FIRM, CORPORATION, OR OTHER ENTITY DOING  BUSINESS  PURSUANT  TO  A
FRANCHISE  ISSUED  BY A POLITICAL SUBDIVISION OF THE STATE OR A LICENSE,
FRANCHISE, CERTIFICATE OR OTHER AUTHORIZATION ISSUED  BY  THE  NEW  YORK
STATE PUBLIC SERVICE COMMISSION.
  II.  THE SOCIAL SECURITY ACCOUNT NUMBER IS REQUESTED BY AN INDIVIDUAL,
FIRM, CORPORATION, OR OTHER ENTITY  REGULATED  BY  THE  NEW  YORK  STATE
PUBLIC SERVICE COMMISSION, THE FEDERAL COMMUNICATIONS COMMISSION, OR THE
FEDERAL ENERGY REGULATORY COMMISSION.
  III.  THE  SOCIAL  SECURITY  ACCOUNT  NUMBER IS REQUESTED BY A BANKING
INSTITUTION, AS DEFINED IN SECTION NINE-F OF THE BANKING LAW, OR ONE  OF
ITS AFFILIATES.
  4.  WHENEVER  THERE  SHALL BE A VIOLATION OF THIS SECTION, APPLICATION
MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF  THE  PEOPLE  OF  THE
STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL
PROCEEDING  TO  ISSUE AN INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF
NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF  SUCH
VIOLATION;  AND  IF  IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR
JUSTICE THAT THE DEFENDANT HAS,  IN  FACT,  VIOLATED  THIS  SECTION,  AN
INJUNCTION  MAY  BE  ISSUED  BY  SUCH  COURT  OR  JUSTICE, ENJOINING AND
RESTRAINING ANY FURTHER VIOLATION,  WITHOUT  REQUIRING  PROOF  THAT  ANY
PERSON  HAS,  IN  FACT,  BEEN  INJURED  OR  DAMAGED THEREBY. IN ANY SUCH
PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO  THE  ATTORNEY  GENERAL  AS

S. 1696--A                          3

PROVIDED  IN  PARAGRAPH  SIX  OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND  DIRECT  RESTITU-
TION.  IN  CONNECTION  WITH  ANY SUCH PROPOSED APPLICATION, THE ATTORNEY
GENERAL  IS  AUTHORIZED  TO  TAKE  PROOF AND MAKE A DETERMINATION OF THE
RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRAC-
TICE LAW AND RULES. WHENEVER THE COURT SHALL DETERMINE THAT A  VIOLATION
OF  SUBDIVISION TWO OF THIS SECTION HAS OCCURRED, THE COURT SHALL IMPOSE
A CIVIL PENALTY OF NOT  MORE  THAN  FIVE  HUNDRED  DOLLARS.  THE  SECOND
OFFENSE  AND  ANY  OFFENSE COMMITTED THEREAFTER SHALL BE PUNISHABLE BY A
CIVIL PENALTY OF NOT MORE THAN ONE THOUSAND DOLLARS.
  5. ANY PERSON WHO HAS BEEN INJURED BY REASON OF ANY VIOLATION OF  THIS
SECTION MAY BRING AN ACTION IN HIS OR HER OWN NAME TO ENJOIN SUCH UNLAW-
FUL  ACT  OR PRACTICE, AN ACTION TO RECOVER HIS OR HER ACTUAL DAMAGES OR
FIFTY DOLLARS, WHICHEVER IS GREATER, OR BOTH  SUCH  ACTIONS.  THE  COURT
MAY,  IN  ITS DISCRETION, INCREASE THE AWARD OF DAMAGES TO AN AMOUNT NOT
TO EXCEED THREE TIMES THE ACTUAL DAMAGES UP TO ONE THOUSAND DOLLARS,  IF
THE  COURT  FINDS  THE  DEFENDANT  WILLFULLY  OR KNOWINGLY VIOLATED THIS
SECTION. THE COURT MAY AWARD REASONABLE ATTORNEY'S FEES TO A  PREVAILING
PLAINTIFF.
  6.  NO  PERSON, FIRM, PARTNERSHIP, ASSOCIATION OR CORPORATION SHALL BE
DEEMED TO HAVE VIOLATED THE PROVISIONS OF THIS SECTION IF  SUCH  PERSON,
FIRM,  PARTNERSHIP, ASSOCIATION OR CORPORATION SHOWS, BY A PREPONDERANCE
OF THE EVIDENCE, THAT THE VIOLATION WAS  NOT  INTENTIONAL  AND  RESULTED
FROM  A  BONA  FIDE ERROR MADE NOTWITHSTANDING THE MAINTENANCE OF PROCE-
DURES REASONABLY ADOPTED TO AVOID SUCH ERROR.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

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Senate Bill S1696

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Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

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Bill Amendments

2009-S1696 - Details

2009-S1696 - Summary

2009-S1696 - Sponsor Memo

2009-S1696 - Bill Text download pdf

2009-S1696A (ACTIVE) - Details

2009-S1696A (ACTIVE) - Summary

2009-S1696A (ACTIVE) - Sponsor Memo

2009-S1696A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Carl Kruger

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

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Bill Amendments

2009-S1696 - Details

2009-S1696 - Summary

2009-S1696 - Sponsor Memo

2009-S1696 - Bill Text download pdf

2009-S1696A (ACTIVE) - Details

2009-S1696A (ACTIVE) - Summary

2009-S1696A (ACTIVE) - Sponsor Memo

2009-S1696A (ACTIVE) - Bill Text download pdf

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