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Senate Bill S4619

2009-2010 Legislative Session

Prohibits the transmission of unsolicited checks, drafts, or negotiable instruments to credit card or debit card holders without their consent

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

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2009-S4619 (ACTIVE) - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add ยง520-d, Gen Bus L

2009-S4619 (ACTIVE) - Summary

Prohibits the transmission of unsolicited checks, drafts, or negotiable instruments to credit card or debit card holders without their consent; violations are punishable by civil fines, enforceable by the attorney general, a municipal director of consumer affairs, or the corporation counsel or attorney for any city, town, or village.

2009-S4619 (ACTIVE) - Sponsor Memo

2009-S4619 (ACTIVE) - Bill Text download pdf 

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

                                  4619

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 24, 2009
                               ___________

Introduced  by Sens. ONORATO, HASSELL-THOMPSON, C. JOHNSON, KLEIN, PARK-
  ER, SAMPSON -- 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 prohibiting the
  transmission  of unsolicited checks, drafts, or negotiable instruments
  to credit card or debit card holders without their consent

  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
520-d to read as follows:
  S  520-D.  TRANSMISSION  OF  UNSOLICITED CHECKS, DRAFTS, OR NEGOTIABLE
INSTRUMENTS PROHIBITED. 1. NO  ISSUER  SHALL  TRANSMIT  ANY  UNSOLICITED
CHECK, DRAFT, OR NEGOTIABLE INSTRUMENT TO ANY HOLDER. A CHECK, DRAFT, OR
NEGOTIABLE  INSTRUMENT MAY BE TRANSMITTED TO A HOLDER ONLY IF THE HOLDER
HAS AFFIRMATIVELY, IN A CLEAR AND CONSPICUOUS, WRITTEN  FORM,  CONSENTED
TO  THE  TRANSMISSION  OF  A CHECK, DRAFT, OR NEGOTIABLE INSTRUMENT IN A
PARTICULAR INSTANCE OR HAS AFFIRMATIVELY, IN A  CLEAR  AND  CONSPICUOUS,
WRITTEN  FORM, CONSENTED TO THE TRANSMISSION OF CHECKS, DRAFTS, OR NEGO-
TIABLE INSTRUMENTS ON AN ONGOING  BASIS,  WITHOUT  NEED  OF  AFFIRMATIVE
CONSENT  FOR  EACH  INSTANCE.  ANY CONSENT GIVEN MAY BE WITHDRAWN AT ANY
TIME BY THE HOLDER BY GIVING WRITTEN NOTICE THEREOF TO THE ISSUER.
  2. A VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL  BE  PUNISHABLE
BY A CIVIL FINE NOT TO EXCEED ONE THOUSAND DOLLARS FOR A FIRST VIOLATION
AND  NOT  TO EXCEED FIVE THOUSAND DOLLARS FOR SUBSEQUENT VIOLATIONS. ANY
SUCH VIOLATION MAY BE ENFORCED BY  THE  ATTORNEY  GENERAL,  A  MUNICIPAL
DIRECTOR OF CONSUMER AFFAIRS, OR THE CORPORATION COUNSEL OR ATTORNEY FOR
ANY CITY, TOWN, OR VILLAGE.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03763-01-9

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