NY State Assembly Bill 2009-A1537F

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 13, 2010	enacting clause stricken
Jan 25, 2010	print number 1537f
Jan 25, 2010	amend and recommit to consumer affairs and protection
Jan 06, 2010	referred to consumer affairs and protection
Nov 19, 2009	print number 1537e
Nov 19, 2009	amend and recommit to consumer affairs and protection
May 28, 2009	print number 1537d
May 28, 2009	amend and recommit to consumer affairs and protection
May 18, 2009	print number 1537c
May 18, 2009	amend (t) and recommit to consumer affairs and protection
Apr 14, 2009	print number 1537b
Apr 14, 2009	amend (t) and recommit to consumer affairs and protection
Mar 17, 2009	print number 1537a
Mar 17, 2009	amend (t) and recommit to consumer affairs and protection
Jan 07, 2009	referred to consumer affairs and protection

2009-A1537 - Details

See Senate Version of this Bill:: S7398
Law Section:: General Business Law
Laws Affected:: Add §393-e, Gen Bus L

2009-A1537 - Summary

Prohibits service providers from solely relying upon credit reports for the purpose of determining whether to provide or continue to provide service to any consumer or potential consumer; further prohibits the sole reliance upon credit reports by service providers for the purpose of requiring the payment of a deposit, additional fee or higher rate for service.

2009-A1537 - Bill Text download pdf

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

                                  1537

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. PERALTA -- read once and referred to the Commit-
  tee on Consumer Affairs and Protection

AN ACT to amend the general business law and the public service law,  in
  relation  to  prohibiting providers of service from reviewing or using
  consumer credit reports for the  purpose  of  determining  whether  to
  provide consumers with service

  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
391-q to read as follows:
  S 391-Q. SERVICE PROVIDERS; USE OF CONSUMER CREDIT REPORTS PROHIBITED.
1. NO PERSON OR ENTITY ENGAGED IN THE BUSINESS OF PROVIDING ANY  SERVICE
IN  THIS  STATE  SHALL  REVIEW OR IN ANY WAY UTILIZE THE CONSUMER CREDIT
REPORT, AS DEFINED IN SUBDIVISION (L) OF SECTION THREE HUNDRED  EIGHTY-A
OF  THIS  CHAPTER, OF ANY POTENTIAL CUSTOMER OR CUSTOMER WHEN MAKING ANY
DETERMINATION TO PROVIDE OR CONTINUE THE PROVISION OF  SERVICE  TO  SUCH
POTENTIAL CUSTOMER OR CUSTOMER.
  2.  ANY PERSON OR ENTITY FOUND BY A COURT OF COMPONENT JURISDICTION TO
HAVE VIOLATED SUBDIVISION ONE OF THIS SECTION  SHALL  BE  SUBJECT  TO  A
PENALTY OF NOT LESS THAN FIVE HUNDRED DOLLARS NOR MORE THAN ONE THOUSAND
DOLLARS FOR EACH VIOLATION.
  3.  (A) WHENEVER THERE SHALL BE A VIOLATION OF SUBDIVISION ONE OF THIS
SECTION, AN APPLICATION MAY BE MADE BY THE ATTORNEY GENERAL IN THE  NAME
OF THE PEOPLE OF THE STATE OF NEW YORK TO A COURT OF COMPETENT JURISDIC-
TION  BY  A SPECIAL PROCEEDING FOR THE IMPOSITION OF A FINE OR THE ISSU-
ANCE OF AN INJUNCTION AGAINST ANY VIOLATION OF THIS SECTION, UPON NOTICE
TO THE SERVICE PROVIDER OF NOT  LESS  THAN  FIVE  DAYS,  TO  ENJOIN  AND
RESTRAIN THE CONTINUANCE OF SUCH VIOLATIONS.
  (B)  IF THE COURT FINDS THAT THE DEFENDANT HAS, IN FACT, VIOLATED THIS
SECTION, AN INJUNCTION MAY  BE  ISSUED  BY  SUCH  COURT,  ENJOINING  AND

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

                                                           LBD00652-01-9

A. 1537                             2

RESTRAINING  ANY  FURTHER  VIOLATION,  WITHOUT  REQUIRING PROOF THAT ANY
PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY.
  (C)  IN  ANY  PROCEEDING  PURSUANT  TO THIS SUBDIVISION, THE COURT MAY
DIRECT RESTITUTION AND  MAKE  ALLOWANCES  TO  THE  ATTORNEY  GENERAL  AS
PROVIDED IN SECTION SIXTY-THREE OF THE EXECUTIVE LAW.
  (D)  IN  SUPPORT  OF ANY APPLICATION PURSUANT TO THIS SUBDIVISION, THE
ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF, DETERMINE  RELEVANT  FACTS
AND ISSUE SUBPOENAE IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
  S  2.  Section  5 of the public service law is amended by adding a new
subdivision 7 to read as follows:
  7. THE COMMISSION SHALL PROMULGATE RULES AND  REGULATIONS  PROHIBITING
PUBLIC  UTILITIES FROM REVIEWING OR IN ANY WAY UTILIZING CONSUMER CREDIT
REPORTS, AS DEFINED IN SUBDIVISION (L) OF SECTION THREE HUNDRED EIGHTY-A
OF THE GENERAL BUSINESS LAW, OF ANY  POTENTIAL  CONSUMERS  OR  CONSUMERS
WHEN  MAKING  ANY  DETERMINATION TO PROVIDE OR CONTINUE THE PROVISION OF
SERVICE TO SUCH POTENTIAL CONSUMERS OR CONSUMERS.
  S 3. This act shall take effect immediately.

2009-A1537A - Details

See Senate Version of this Bill:: S7398
Law Section:: General Business Law
Laws Affected:: Add §393-e, Gen Bus L

2009-A1537A - Summary

Prohibits service providers from solely relying upon credit reports for the purpose of determining whether to provide or continue to provide service to any consumer or potential consumer; further prohibits the sole reliance upon credit reports by service providers for the purpose of requiring the payment of a deposit, additional fee or higher rate for service.

2009-A1537A - Bill Text download pdf

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

                                 1537--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. PERALTA, PERRY, FIELDS, ESPAILLAT -- Multi-Spon-
  sored by -- M.   of A. ALFANO, CAMARA, 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 and the public service law, in
  relation to prohibiting providers of service from solely reviewing  or
  using  consumer  credit reports for the purpose of determining whether
  to provide consumers with service

  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
391-q to read as follows:
  S 391-Q. SERVICE PROVIDERS; USE OF CONSUMER CREDIT REPORTS PROHIBITED.
1.  NO PERSON OR ENTITY ENGAGED IN THE BUSINESS OF PROVIDING ANY SERVICE
IN THIS STATE SHALL REVIEW OR IN ANY WAY  UTILIZE  THE  CONSUMER  CREDIT
REPORT,  AS DEFINED IN SUBDIVISION (L) OF SECTION THREE HUNDRED EIGHTY-A
OF THIS CHAPTER, OF ANY POTENTIAL CUSTOMER OR CUSTOMER WHEN  MAKING  ANY
DETERMINATION  TO  PROVIDE  OR CONTINUE THE PROVISION OF SERVICE TO SUCH
POTENTIAL CUSTOMER OR CUSTOMER.
  2. ANY PERSON OR ENTITY FOUND BY A COURT OF COMPETENT JURISDICTION  TO
HAVE  VIOLATED  SUBDIVISION  ONE  OF  THIS SECTION SHALL BE SUBJECT TO A
PENALTY OF NOT LESS THAN FIVE HUNDRED DOLLARS NOR MORE THAN ONE THOUSAND
DOLLARS FOR EACH SUCH VIOLATION.
  3. (A) WHENEVER THERE SHALL BE A VIOLATION OF SUBDIVISION ONE OF  THIS
SECTION,  AN APPLICATION MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME
OF THE PEOPLE OF THE STATE OF NEW YORK TO A COURT OF COMPETENT JURISDIC-
TION BY A SPECIAL PROCEEDING FOR THE IMPOSITION OF A FINE OR  THE  ISSU-
ANCE OF AN INJUNCTION AGAINST ANY VIOLATION OF THIS SECTION, UPON NOTICE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00652-07-9

A. 1537--A                          2

TO  THE  SERVICE  PROVIDER  OF  NOT  LESS  THAN FIVE DAYS, TO ENJOIN AND
RESTRAIN THE CONTINUANCE OF SUCH VIOLATIONS.
  (B)  IF THE COURT FINDS THAT THE DEFENDANT HAS, IN FACT, VIOLATED THIS
SECTION, AN INJUNCTION MAY  BE  ISSUED  BY  SUCH  COURT,  ENJOINING  AND
RESTRAINING  ANY  FURTHER  VIOLATION,  WITHOUT  REQUIRING PROOF THAT ANY
PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY.
  (C) IN ANY PROCEEDING PURSUANT TO  THIS  SUBDIVISION,  THE  COURT  MAY
DIRECT  RESTITUTION  AND  MAKE  ALLOWANCES  TO  THE  ATTORNEY GENERAL AS
PROVIDED IN SECTION SIXTY-THREE OF THE EXECUTIVE LAW.
  (D) IN SUPPORT OF ANY APPLICATION PURSUANT TO  THIS  SUBDIVISION,  THE
ATTORNEY  GENERAL  IS AUTHORIZED TO TAKE PROOF, DETERMINE RELEVANT FACTS
AND ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
  S 2. Section 5 of the public service law is amended by  adding  a  new
subdivision 7 to read as follows:
  7.  THE  COMMISSION SHALL PROMULGATE RULES AND REGULATIONS PROHIBITING
PUBLIC UTILITIES FROM REVIEWING OR IN ANY WAY UTILIZING CONSUMER  CREDIT
REPORTS, AS DEFINED IN SUBDIVISION (L) OF SECTION THREE HUNDRED EIGHTY-A
OF  THE  GENERAL  BUSINESS  LAW, OF ANY POTENTIAL CONSUMERS OR CONSUMERS
WHEN MAKING ANY DETERMINATION TO PROVIDE OR CONTINUE  THE  PROVISION  OF
SERVICE TO SUCH POTENTIAL CONSUMERS OR CONSUMERS.
  S 3. This act shall take effect immediately.

2009-A1537B - Details

See Senate Version of this Bill:: S7398
Law Section:: General Business Law
Laws Affected:: Add §393-e, Gen Bus L

2009-A1537B - Summary

Prohibits service providers from solely relying upon credit reports for the purpose of determining whether to provide or continue to provide service to any consumer or potential consumer; further prohibits the sole reliance upon credit reports by service providers for the purpose of requiring the payment of a deposit, additional fee or higher rate for service.

2009-A1537B - Bill Text download pdf

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

                                 1537--B

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. PERALTA, PERRY, FIELDS, ESPAILLAT -- Multi-Spon-
  sored by -- M.   of A. ALFANO, CAMARA, 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 -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the general business law and the public service law,  in
  relation  to prohibiting providers of service from solely relying upon
  consumer credit reports for the  purpose  of  determining  whether  to
  provide  consumers  with  service, or for the purpose of requiring the
  payment of a deposit, fee or higher rate

  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
391-q to read as follows:
  S  391-Q.  SERVICE  PROVIDERS;  USE OF CONSUMER CREDIT REPORTS.  1. NO
PERSON OR ENTITY ENGAGED IN THE BUSINESS OF  PROVIDING  ANY  SERVICE  IN
THIS STATE SHALL RELY SOLELY UPON THE CONSUMER CREDIT REPORT, AS DEFINED
IN SUBDIVISION (L) OF SECTION THREE HUNDRED EIGHTY-A OF THIS CHAPTER, OF
ANY  POTENTIAL  CUSTOMER  OR  CUSTOMER  WHEN MAKING ANY DETERMINATION TO
PROVIDE OR CONTINUE THE PROVISION OF SERVICE TO SUCH POTENTIAL  CUSTOMER
OR CUSTOMER.
  2.  NO  PERSON  OR  ENTITY  ENGAGED  IN  THE BUSINESS OF PROVIDING ANY
SERVICE IN THIS STATE SHALL REVIEW OR IN ANY WAY  UTILIZE  THE  CONSUMER
CREDIT  REPORT,  AS  DEFINED IN SUBDIVISION (1) OF SECTION THREE HUNDRED
EIGHTY-A OF THIS CHAPTER, OF ANY POTENTIAL CUSTOMER OR CUSTOMER FOR  THE
PURPOSE  OF REQUIRING THE POTENTIAL CUSTOMER OR CUSTOMER TO PAY A DEPOS-
IT, ADDITIONAL FEE OR HIGHER RATE FOR THE PROVISION  OR  CONTINUANCE  OF
THE PROVISION OF SERVICE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00652-09-9

A. 1537--B                          2

  3.  ANY PERSON OR ENTITY FOUND BY A COURT OF COMPETENT JURISDICTION TO
HAVE VIOLATED SUBDIVISION ONE OR TWO OF THIS SECTION SHALL BE SUBJECT TO
A PENALTY OF NOT LESS THAN FIVE HUNDRED DOLLARS NOR MORE THAN ONE  THOU-
SAND DOLLARS FOR EACH SUCH VIOLATION.
  4.  (A)  WHENEVER THERE SHALL BE A VIOLATION OF SUBDIVISION ONE OR TWO
OF THIS SECTION, AN APPLICATION MAY BE MADE BY THE ATTORNEY  GENERAL  IN
THE  NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO A COURT OF COMPETENT
JURISDICTION BY A SPECIAL PROCEEDING FOR THE IMPOSITION OF A FINE OR THE
ISSUANCE OF AN INJUNCTION AGAINST ANY VIOLATION OF  THIS  SECTION,  UPON
NOTICE TO THE SERVICE PROVIDER OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND
RESTRAIN THE CONTINUANCE OF SUCH VIOLATIONS.
  (B)  IF THE COURT FINDS THAT THE DEFENDANT HAS, IN FACT, VIOLATED THIS
SECTION, AN INJUNCTION MAY  BE  ISSUED  BY  SUCH  COURT,  ENJOINING  AND
RESTRAINING  ANY  FURTHER  VIOLATION,  WITHOUT  REQUIRING PROOF THAT ANY
PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY.
  (C) IN ANY PROCEEDING PURSUANT TO  THIS  SUBDIVISION,  THE  COURT  MAY
DIRECT  RESTITUTION  AND  MAKE  ALLOWANCES  TO  THE  ATTORNEY GENERAL AS
PROVIDED IN SECTION SIXTY-THREE OF THE EXECUTIVE LAW.
  (D) IN SUPPORT OF ANY APPLICATION PURSUANT TO  THIS  SUBDIVISION,  THE
ATTORNEY  GENERAL  IS AUTHORIZED TO TAKE PROOF, DETERMINE RELEVANT FACTS
AND ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
  S 2. Section 5 of the public service law is amended by  adding  a  new
subdivision 7 to read as follows:
  7.  THE  COMMISSION SHALL PROMULGATE RULES AND REGULATIONS PROHIBITING
PUBLIC UTILITIES FROM RELYING SOLELY UPON THE CONSUMER  CREDIT  REPORTS,
AS  DEFINED  IN SUBDIVISION (L) OF SECTION THREE HUNDRED EIGHTY-A OF THE
GENERAL BUSINESS LAW, OF  ANY  POTENTIAL  CONSUMERS  OR  CONSUMERS  WHEN
MAKING ANY DETERMINATION TO PROVIDE OR CONTINUE THE PROVISION OF SERVICE
TO SUCH POTENTIAL CONSUMERS OR CONSUMERS.
  S 3. This act shall take effect immediately.

2009-A1537C - Details

See Senate Version of this Bill:: S7398
Law Section:: General Business Law
Laws Affected:: Add §393-e, Gen Bus L

2009-A1537C - Summary

Prohibits service providers from solely relying upon credit reports for the purpose of determining whether to provide or continue to provide service to any consumer or potential consumer; further prohibits the sole reliance upon credit reports by service providers for the purpose of requiring the payment of a deposit, additional fee or higher rate for service.

2009-A1537C - Bill Text download pdf

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

                                 1537--C

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. PERALTA, PERRY, FIELDS, ESPAILLAT -- Multi-Spon-
  sored by -- M.   of A. ALFANO, CAMARA, 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 -- committee discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  again  reported from said committee with amendments, ordered reprinted
  as amended and recommitted to said committee

AN ACT to amend the general business law,  in  relation  to  prohibiting
  providers  of service from solely relying upon consumer credit reports
  for the purpose of  determining  whether  to  provide  consumers  with
  service, or for the purpose of requiring the payment of a deposit, fee
  or higher rate

  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
391-q to read as follows:
  S 391-Q. SERVICE PROVIDERS; USE OF CONSUMER CREDIT  REPORTS.    1.  AS
USED IN THIS SECTION, THE TERM "SERVICE PROVIDER" SHALL INCLUDE, BUT NOT
BE LIMITED TO, PUBLIC UTILITIES AND INSURANCE COMPANIES.
  2.    NO  PERSON  OR  ENTITY  ENGAGED IN THE BUSINESS OF PROVIDING ANY
SERVICE IN THIS STATE SHALL RELY SOLELY UPON THE CONSUMER CREDIT REPORT,
AS DEFINED IN SUBDIVISION (L) OF SECTION THREE HUNDRED EIGHTY-A OF  THIS
CHAPTER,  OF ANY POTENTIAL CUSTOMER OR CUSTOMERS IN THE DETERMINATION OF
WHAT RATES OR PRICES TO CHARGE A CUSTOMER OR CUSTOMERS.  NOTHING  HEREIN
SHALL PROHIBIT A SERVICE PROVIDER FROM REVIEWING OR UTILIZING A CONSUMER
CREDIT  REPORT  IN  DETERMINING WHETHER AN APPLICANT MUST PROVIDE SURETY
PRIOR TO PROVIDING SERVICES.
  3. NO PERSON OR ENTITY  ENGAGED  IN  THE  BUSINESS  OF  PROVIDING  ANY
SERVICE  IN  THIS  STATE SHALL REVIEW OR IN ANY WAY UTILIZE THE CONSUMER

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

                                                           LBD00652-14-9

A. 1537--C                          2

CREDIT REPORT, AS DEFINED IN SUBDIVISION (1) OF  SECTION  THREE  HUNDRED
EIGHTY-A OF THIS CHAPTER, OF ANY POTENTIAL CUSTOMER OR CUSTOMERS FOR THE
PURPOSE OF REQUIRING THE POTENTIAL CUSTOMER OR CUSTOMERS TO PAY AN ADDI-
TIONAL  FEE  OR  HIGHER  RATE  FOR  THE  PROVISION OR CONTINUANCE OF THE
PROVISION OF SERVICE.  ANY DEPOSIT REQUIRED BY A SERVICE PROVIDER  SHALL
NOT EXCEED A MONTHLY PAYMENT AS REQUIRED BY SUCH SERVICE PROVIDER, OR IF
THE  CONSUMER'S MONTHLY PAYMENT IS VARIABLE, AN AVERAGE FOR SUCH CONSUM-
ER'S MONTHLY BILLING.
  4. ANY PERSON OR ENTITY FOUND BY A COURT OF COMPETENT JURISDICTION  TO
HAVE  VIOLATED SUBDIVISION TWO OR THREE OF THIS SECTION SHALL BE SUBJECT
TO A PENALTY OF NOT LESS THAN FIVE HUNDRED DOLLARS  NOR  MORE  THAN  ONE
THOUSAND DOLLARS FOR EACH SUCH VIOLATION.
  5. (A) WHENEVER THERE SHALL BE A VIOLATION OF SUBDIVISION TWO OR THREE
OF  THIS  SECTION, AN APPLICATION MAY BE MADE BY THE ATTORNEY GENERAL IN
THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO A COURT OF  COMPETENT
JURISDICTION BY A SPECIAL PROCEEDING FOR THE IMPOSITION OF A FINE OR THE
ISSUANCE  OF  AN  INJUNCTION AGAINST ANY VIOLATION OF THIS SECTION, UPON
NOTICE TO THE SERVICE PROVIDER OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND
RESTRAIN THE CONTINUANCE OF SUCH VIOLATIONS.
  (B) IF THE COURT FINDS THAT THE DEFENDANT HAS, IN FACT, VIOLATED  THIS
SECTION,  AN  INJUNCTION  MAY  BE  ISSUED  BY  SUCH COURT, ENJOINING AND
RESTRAINING ANY FURTHER VIOLATION,  WITHOUT  REQUIRING  PROOF  THAT  ANY
PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY.
  (C)  IN  ANY  PROCEEDING  PURSUANT  TO THIS SUBDIVISION, THE COURT MAY
DIRECT RESTITUTION AND  MAKE  ALLOWANCES  TO  THE  ATTORNEY  GENERAL  AS
PROVIDED IN SECTION SIXTY-THREE OF THE EXECUTIVE LAW.
  (D)  IN  SUPPORT  OF ANY APPLICATION PURSUANT TO THIS SUBDIVISION, THE
ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF, DETERMINE  RELEVANT  FACTS
AND ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
  S 2. This act shall take effect immediately.

2009-A1537D - Details

See Senate Version of this Bill:: S7398
Law Section:: General Business Law
Laws Affected:: Add §393-e, Gen Bus L

2009-A1537D - Summary

Prohibits service providers from solely relying upon credit reports for the purpose of determining whether to provide or continue to provide service to any consumer or potential consumer; further prohibits the sole reliance upon credit reports by service providers for the purpose of requiring the payment of a deposit, additional fee or higher rate for service.

2009-A1537D - Sponsor Memo

2009-A1537D - Bill Text download pdf

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

                                 1537--D

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. PERALTA, PERRY, FIELDS, ESPAILLAT -- Multi-Spon-
  sored by -- M.   of A. ALFANO, CAMARA, 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 -- committee discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  again  reported from said committee with amendments, ordered reprinted
  as amended and recommitted to said committee --  again  reported  from
  said  committee  with  amendments,  ordered  reprinted  as amended and
  recommitted to said committee

AN ACT to amend the general business law,  in  relation  to  prohibiting
  providers  of service from solely relying upon consumer credit reports
  for the purpose of  determining  whether  to  provide  consumers  with
  service, or for the purpose of requiring the payment of a deposit, fee
  or higher rate

  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
391-q to read as follows:
  S 391-Q. SERVICE PROVIDERS; USE OF CONSUMER CREDIT  REPORTS.    1.  AS
USED IN THIS SECTION, THE TERM "SERVICE PROVIDER" SHALL INCLUDE, BUT NOT
BE LIMITED TO, PUBLIC UTILITIES AND INSURANCE COMPANIES.
  2.    NO  PERSON  OR  ENTITY  ENGAGED IN THE BUSINESS OF PROVIDING ANY
SERVICE IN THIS STATE SHALL RELY SOLELY UPON THE CONSUMER CREDIT REPORT,
AS DEFINED IN SUBDIVISION (L) OF SECTION THREE HUNDRED EIGHTY-A OF  THIS
CHAPTER,  OF ANY POTENTIAL CUSTOMER OR CUSTOMERS IN THE DETERMINATION OF
WHAT RATES OR PRICES TO CHARGE A CUSTOMER OR CUSTOMERS.  NOTHING  HEREIN
SHALL PROHIBIT A SERVICE PROVIDER FROM REVIEWING OR UTILIZING A CONSUMER
CREDIT  REPORT  IN  DETERMINING WHETHER AN APPLICANT MUST PROVIDE SURETY
PRIOR TO PROVIDING SERVICES.

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

                                                           LBD00652-15-9

A. 1537--D                          2

  3. NO PERSON OR ENTITY  ENGAGED  IN  THE  BUSINESS  OF  PROVIDING  ANY
SERVICE  IN  THIS STATE SHALL SOLELY UTILIZE THE CONSUMER CREDIT REPORT,
AS DEFINED IN SUBDIVISION (1) OF SECTION THREE HUNDRED EIGHTY-A OF  THIS
CHAPTER,  OF  ANY  POTENTIAL  CUSTOMER  OR  CUSTOMERS FOR THE PURPOSE OF
REQUIRING  THE  POTENTIAL CUSTOMER OR CUSTOMERS TO PAY AN ADDITIONAL FEE
OR HIGHER RATE FOR THE PROVISION OR  CONTINUANCE  OF  THE  PROVISION  OF
SERVICE.   ANY DEPOSIT REQUIRED BY A SERVICE PROVIDER SHALL NOT EXCEED A
MONTHLY PAYMENT AS REQUIRED BY SUCH SERVICE PROVIDER, OR IF THE  CONSUM-
ER'S MONTHLY PAYMENT IS VARIABLE, AN AVERAGE FOR SUCH CONSUMER'S MONTHLY
BILLING.
  4.  ANY PERSON OR ENTITY FOUND BY A COURT OF COMPETENT JURISDICTION TO
HAVE VIOLATED SUBDIVISION TWO OR THREE OF THIS SECTION SHALL BE  SUBJECT
TO  A  PENALTY  OF  NOT LESS THAN FIVE HUNDRED DOLLARS NOR MORE THAN ONE
THOUSAND DOLLARS FOR EACH SUCH VIOLATION.
  5. (A) WHENEVER THERE SHALL BE A VIOLATION OF SUBDIVISION TWO OR THREE
OF THIS SECTION, AN APPLICATION MAY BE MADE BY THE ATTORNEY  GENERAL  IN
THE  NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO A COURT OF COMPETENT
JURISDICTION BY A SPECIAL PROCEEDING FOR THE IMPOSITION OF A FINE OR THE
ISSUANCE OF AN INJUNCTION AGAINST ANY VIOLATION OF  THIS  SECTION,  UPON
NOTICE TO THE SERVICE PROVIDER OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND
RESTRAIN THE CONTINUANCE OF SUCH VIOLATIONS.
  (B)  IF THE COURT FINDS THAT THE DEFENDANT HAS, IN FACT, VIOLATED THIS
SECTION, AN INJUNCTION MAY  BE  ISSUED  BY  SUCH  COURT,  ENJOINING  AND
RESTRAINING  ANY  FURTHER  VIOLATION,  WITHOUT  REQUIRING PROOF THAT ANY
PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY.
  (C) IN ANY PROCEEDING PURSUANT TO  THIS  SUBDIVISION,  THE  COURT  MAY
DIRECT  RESTITUTION  AND  MAKE  ALLOWANCES  TO  THE  ATTORNEY GENERAL AS
PROVIDED IN SECTION SIXTY-THREE OF THE EXECUTIVE LAW.
  (D) IN SUPPORT OF ANY APPLICATION PURSUANT TO  THIS  SUBDIVISION,  THE
ATTORNEY  GENERAL  IS AUTHORIZED TO TAKE PROOF, DETERMINE RELEVANT FACTS
AND ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
  S 2. This act shall take effect immediately.

2009-A1537E - Details

See Senate Version of this Bill:: S7398
Law Section:: General Business Law
Laws Affected:: Add §393-e, Gen Bus L

2009-A1537E - Summary

Prohibits service providers from solely relying upon credit reports for the purpose of determining whether to provide or continue to provide service to any consumer or potential consumer; further prohibits the sole reliance upon credit reports by service providers for the purpose of requiring the payment of a deposit, additional fee or higher rate for service.

2009-A1537E - Sponsor Memo

2009-A1537E - Bill Text download pdf

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

                                 1537--E

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. PERALTA, PERRY, FIELDS, ESPAILLAT -- Multi-Spon-
  sored by -- M.   of A. ALFANO, CAMARA, 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 -- committee discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  again  reported from said committee with amendments, ordered reprinted
  as amended and recommitted to said committee --  again  reported  from
  said  committee  with  amendments,  ordered  reprinted  as amended and
  recommitted to said committee -- again reported  from  said  committee
  with  amendments, ordered reprinted as amended and recommitted to said
  committee

AN ACT to amend the general business law,  in  relation  to  prohibiting
  providers  of service from solely relying upon consumer credit reports
  for the purpose of  determining  whether  to  provide  consumers  with
  service, or for the purpose of requiring the payment of a deposit, fee
  or higher rate

  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
393-e to read as follows:
  S 393-E. SERVICE PROVIDERS; USE OF CONSUMER CREDIT  REPORTS.    1.  AS
USED IN THIS SECTION, THE TERM "SERVICE PROVIDER" SHALL INCLUDE, BUT NOT
BE LIMITED TO, PUBLIC UTILITIES AND INSURANCE COMPANIES.
  2.    NO  SERVICE  PROVIDER  IN  THIS STATE SHALL RELY SOLELY UPON THE
CONSUMER CREDIT REPORT, AS DEFINED IN SUBDIVISION (L) OF  SECTION  THREE
HUNDRED EIGHTY-A OF THIS CHAPTER, OF ANY POTENTIAL CUSTOMER OR CUSTOMERS
IN  THE  DETERMINATION  OF  WHAT RATES OR PRICES TO CHARGE A CUSTOMER OR
CUSTOMERS. NOTHING IN THIS SECTION SHALL  PROHIBIT  A  SERVICE  PROVIDER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00652-17-9

A. 1537--E                          2

FROM  REVIEWING  OR  UTILIZING  A  CONSUMER CREDIT REPORT IN DETERMINING
WHETHER AN APPLICANT MUST PROVIDE SURETY PRIOR TO PROVIDING SERVICES.
  3. NO SERVICE PROVIDER IN THIS STATE SHALL SOLELY UTILIZE THE CONSUMER
CREDIT  REPORT,  AS  DEFINED IN SUBDIVISION (1) OF SECTION THREE HUNDRED
EIGHTY-A OF THIS CHAPTER, OF ANY POTENTIAL CUSTOMER OR CUSTOMERS FOR THE
PURPOSE OF REQUIRING THE POTENTIAL CUSTOMER OR CUSTOMERS TO PAY AN ADDI-
TIONAL FEE OR HIGHER RATE  FOR  THE  PROVISION  OR  CONTINUANCE  OF  THE
PROVISION  OF SERVICE.  ANY DEPOSIT REQUIRED BY A SERVICE PROVIDER SHALL
NOT EXCEED A MONTHLY PAYMENT AS REQUIRED BY SUCH SERVICE PROVIDER, OR IF
THE CONSUMER'S MONTHLY PAYMENT IS VARIABLE, AN AVERAGE FOR SUCH  CONSUM-
ER'S MONTHLY BILLING.
  4.  ANY SERVICE PROVIDER FOUND BY A COURT OF COMPETENT JURISDICTION TO
HAVE VIOLATED SUBDIVISION TWO OR THREE OF THIS SECTION SHALL BE  SUBJECT
TO  A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS NOR MORE THAN ONE THOU-
SAND DOLLARS FOR EACH SUCH VIOLATION.
  5. (A) WHENEVER THERE SHALL BE A VIOLATION OF SUBDIVISION TWO OR THREE
OF THIS SECTION, AN APPLICATION MAY BE MADE BY THE ATTORNEY  GENERAL  IN
THE  NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO A COURT OF COMPETENT
JURISDICTION BY A SPECIAL PROCEEDING FOR THE IMPOSITION OF A FINE OR THE
ISSUANCE OF AN INJUNCTION AGAINST ANY VIOLATION OF  THIS  SECTION,  UPON
NOTICE TO THE SERVICE PROVIDER OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND
RESTRAIN THE CONTINUANCE OF SUCH VIOLATIONS.
  (B)  IF THE COURT FINDS THAT THE DEFENDANT HAS, IN FACT, VIOLATED THIS
SECTION, AN INJUNCTION MAY  BE  ISSUED  BY  SUCH  COURT,  ENJOINING  AND
RESTRAINING  ANY  FURTHER  VIOLATION,  WITHOUT  REQUIRING PROOF THAT ANY
PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY.
  (C) IN ANY PROCEEDING PURSUANT TO  THIS  SUBDIVISION,  THE  COURT  MAY
DIRECT  RESTITUTION  AND  MAKE  ALLOWANCES  TO  THE  ATTORNEY GENERAL AS
PROVIDED IN SECTION SIXTY-THREE OF THE EXECUTIVE LAW.
  (D) IN SUPPORT OF ANY APPLICATION PURSUANT TO  THIS  SUBDIVISION,  THE
ATTORNEY  GENERAL  IS AUTHORIZED TO TAKE PROOF, DETERMINE RELEVANT FACTS
AND ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
  S 2. This act shall take effect immediately.

2009-A1537F (ACTIVE) - Details

See Senate Version of this Bill:: S7398
Law Section:: General Business Law
Laws Affected:: Add §393-e, Gen Bus L

2009-A1537F (ACTIVE) - Summary

Prohibits service providers from solely relying upon credit reports for the purpose of determining whether to provide or continue to provide service to any consumer or potential consumer; further prohibits the sole reliance upon credit reports by service providers for the purpose of requiring the payment of a deposit, additional fee or higher rate for service.

2009-A1537F (ACTIVE) - Sponsor Memo

2009-A1537F (ACTIVE) - Bill Text download pdf

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

                                 1537--F

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. PERALTA, PERRY, FIELDS, ESPAILLAT -- Multi-Spon-
  sored by -- M.   of A. ALFANO, CAMARA, 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 -- committee discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  again  reported from said committee with amendments, ordered reprinted
  as amended and recommitted to said committee --  again  reported  from
  said  committee  with  amendments,  ordered  reprinted  as amended and
  recommitted to said committee -- again reported  from  said  committee
  with  amendments, ordered reprinted as amended and recommitted to said
  committee -- recommitted to the  Committee  on  Consumer  Affairs  and
  Protection  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  prohibiting
  providers  of service from solely relying upon consumer credit reports
  for the purpose of  determining  whether  to  provide  consumers  with
  service, or for the purpose of requiring the payment of a deposit, fee
  or higher rate

  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
393-e to read as follows:
  S 393-E. SERVICE PROVIDERS; USE OF CONSUMER CREDIT  REPORTS.    1.  AS
USED IN THIS SECTION, THE TERM "SERVICE PROVIDER" SHALL INCLUDE, BUT NOT
BE LIMITED TO, PUBLIC UTILITIES AND INSURANCE COMPANIES.
  2.    NO  SERVICE  PROVIDER  IN  THIS STATE SHALL RELY SOLELY UPON THE
CONSUMER CREDIT REPORT, AS DEFINED IN SUBDIVISION (L) OF  SECTION  THREE
HUNDRED EIGHTY-A OF THIS CHAPTER, OF ANY POTENTIAL CUSTOMER OR CUSTOMERS

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

                                                           LBD00652-19-0

A. 1537--F                          2

IN  THE  DETERMINATION  OF  WHAT RATES OR PRICES TO CHARGE A CUSTOMER OR
CUSTOMERS. NOTHING IN THIS SECTION SHALL  PROHIBIT  A  SERVICE  PROVIDER
FROM  REVIEWING  OR  UTILIZING  A  CONSUMER CREDIT REPORT IN DETERMINING
WHETHER AN APPLICANT MUST PROVIDE SURETY PRIOR TO PROVIDING SERVICES.
  3. NO SERVICE PROVIDER IN THIS STATE SHALL SOLELY UTILIZE THE CONSUMER
CREDIT  REPORT,  AS  DEFINED IN SUBDIVISION (1) OF SECTION THREE HUNDRED
EIGHTY-A OF THIS CHAPTER, OF ANY POTENTIAL CUSTOMER OR CUSTOMERS FOR THE
PURPOSE OF REQUIRING THE POTENTIAL CUSTOMER OR CUSTOMERS TO PAY AN ADDI-
TIONAL FEE OR HIGHER RATE  FOR  THE  PROVISION  OR  CONTINUANCE  OF  THE
PROVISION  OF SERVICE.  ANY DEPOSIT REQUIRED BY A SERVICE PROVIDER SHALL
NOT EXCEED A MONTHLY PAYMENT AS REQUIRED BY SUCH SERVICE PROVIDER, OR IF
THE CONSUMER'S MONTHLY PAYMENT IS VARIABLE, AN AVERAGE FOR SUCH  CONSUM-
ER'S MONTHLY BILLING.
  4.  ANY SERVICE PROVIDER FOUND BY A COURT OF COMPETENT JURISDICTION TO
HAVE VIOLATED SUBDIVISION TWO OR THREE OF THIS SECTION SHALL BE  SUBJECT
TO  A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS NOR MORE THAN ONE THOU-
SAND DOLLARS FOR EACH SUCH VIOLATION.
  5. (A) WHENEVER THERE SHALL BE A VIOLATION OF SUBDIVISION TWO OR THREE
OF THIS SECTION, AN APPLICATION MAY BE MADE BY THE ATTORNEY  GENERAL  IN
THE  NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO A COURT OF COMPETENT
JURISDICTION BY A SPECIAL PROCEEDING FOR THE IMPOSITION OF A FINE OR THE
ISSUANCE OF AN INJUNCTION AGAINST ANY VIOLATION OF  THIS  SECTION,  UPON
NOTICE TO THE SERVICE PROVIDER OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND
RESTRAIN THE CONTINUANCE OF SUCH VIOLATIONS.
  (B)  IF THE COURT FINDS THAT THE DEFENDANT HAS, IN FACT, VIOLATED THIS
SECTION, AN INJUNCTION MAY  BE  ISSUED  BY  SUCH  COURT,  ENJOINING  AND
RESTRAINING  ANY  FURTHER  VIOLATION,  WITHOUT  REQUIRING PROOF THAT ANY
PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY.
  (C) IN ANY PROCEEDING PURSUANT TO  THIS  SUBDIVISION,  THE  COURT  MAY
DIRECT  RESTITUTION  AND  MAKE  ALLOWANCES  TO  THE  ATTORNEY GENERAL AS
PROVIDED IN SECTION SIXTY-THREE OF THE EXECUTIVE LAW.
  (D) IN SUPPORT OF ANY APPLICATION PURSUANT TO  THIS  SUBDIVISION,  THE
ATTORNEY  GENERAL  IS AUTHORIZED TO TAKE PROOF, DETERMINE RELEVANT FACTS
AND ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

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Assembly Bill A1537F

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2009-A1537D - Details

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2009-A1537E - Details

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2009-A1537E - Bill Text download pdf

2009-A1537F (ACTIVE) - Details

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2009-A1537F (ACTIVE) - Bill Text download pdf

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2009-A1537A - Details

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2009-A1537D - Details

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2009-A1537D - Sponsor Memo

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2009-A1537E - Details

2009-A1537E - Summary

2009-A1537E - Sponsor Memo

2009-A1537E - Bill Text download pdf

2009-A1537F (ACTIVE) - Details

2009-A1537F (ACTIVE) - Summary

2009-A1537F (ACTIVE) - Sponsor Memo

2009-A1537F (ACTIVE) - Bill Text download pdf

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