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Assembly Bill A2995

2011-2012 Legislative Session

Prohibits the unsolicited mailing of convenience checks to consumers without the express consent of the consumer

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Archive: Last Bill Status - On Floor Calendar

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Bill Amendments

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2011-A2995 - Details

Law Section:
General Business Law
Laws Affected:
Add §520-d, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A7500
2013-2014: A3601

2011-A2995 - Summary

Prohibits the unsolicited mailing of convenience checks to consumers without the express consent of the consumer.

2011-A2995 - Bill Text download pdf 

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

                                  2995

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2011
                               ___________

Introduced by M. of A. MAISEL -- read once and referred to the Committee
  on Consumer Affairs and Protection

AN ACT to amend the general business law, in relation to prohibiting the
  unsolicited mailing of convenience checks to consumers

  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. UNSOLICITED CONVENIENCE CHECKS. A. NOTWITHSTANDING ANY  OTHER
PROVISION  OF  LAW, NO ISSUER OR PERSON, FIRM, PARTNERSHIP, ASSOCIATION,
CORPORATION OR AGENT ACTING ON BEHALF OF AN ISSUER, WHETHER OR  NOT  THE
ISSUER  IS  LOCATED  IN  THIS  STATE, SHALL SEND CONVENIENCE CHECKS TO A
CREDIT CARD OR DEBIT CARD HOLDER UNLESS EXPRESS CONSENT  OF  THE  CREDIT
CARD OR DEBIT CARD HOLDER HAS BEEN OBTAINED.
  B.  FOR PURPOSES OF THIS SECTION, "CONVENIENCE CHECKS" MEANS ANY NEGO-
TIABLE INSTRUMENT, AS DEFINED BY SECTION 3-104 OF THE UNIFORM COMMERCIAL
CODE, PROVIDED TO A CREDIT CARD OR DEBIT CARD HOLDER BY  A  CREDIT  CARD
ISSUER  OR  PERSON, FIRM, PARTNERSHIP, ASSOCIATION, CORPORATION OR AGENT
ACTING ON BEHALF OF AN ISSUER.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06410-01-1

co-Sponsors

multi-Sponsors

2011-A2995A (ACTIVE) - Details

Law Section:
General Business Law
Laws Affected:
Add §520-d, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A7500
2013-2014: A3601

2011-A2995A (ACTIVE) - Summary

Prohibits the unsolicited mailing of convenience checks to consumers without the express consent of the consumer.

2011-A2995A (ACTIVE) - Bill Text download pdf 

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

                                 2995--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2011
                               ___________

Introduced by M. of A. MAISEL, M. MILLER, McDONOUGH, ROBERTS, STEVENSON,
  N. RIVERA,  COLTON,  JAFFEE,  WEPRIN -- Multi-Sponsored by -- M. of A.
  CALHOUN, CROUCH, JACOBS, MARKEY, MONTESANO -- read once  and  referred
  to  the Committee on Consumer Affairs and Protection -- 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 the
  unsolicited mailing of convenience checks to consumers

  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. UNSOLICITED CONVENIENCE CHECKS.  1. AS USED IN THIS  SECTION,
THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A)  "CHECK"  MEANS  ANY  NEGOTIABLE INSTRUMENT, AS DEFINED BY SECTION
3-104 OF THE UNIFORM COMMERCIAL CODE, THAT HAS IMPRINTED ON IT THE HOLD-
ER'S NAME AND THE DEPOSITORY INSTITUTION'S NAME, LOCATION,  AND  ROUTING
NUMBER.
  (B)  "UNSOLICITED CHECK" MEANS ANY CHECK MAILED OR OTHERWISE DELIVERED
TO A HOLDER BY AN ISSUER OR AGENT ACTING ON BEHALF OF AN ISSUER FOR  THE
PURPOSE OF DRAWING ON AN EXISTING ACCOUNT THAT IS AN EXTENSION OF CREDIT
OR ACTIVATING AN ACCOUNT TO OBTAIN CREDIT OTHER THAN:
  (1) IN RESPONSE TO A REQUEST OR APPLICATION FOR A CHECK OR ACCOUNT; OR
  (2)  AS  A  SUBSTITUTE FOR A CHECK OR ACCOUNT PREVIOUSLY ISSUED TO THE
PERSON TO WHOM THE CHECK IS MAILED OR OTHERWISE DELIVERED.
  2. NO HOLDER IN WHOSE NAME AN UNSOLICITED CHECK  IS  ISSUED  SHALL  BE
LIABLE  FOR  ANY  AMOUNT  RESULTING  FROM  USE OF THAT CHECK OR ACCOUNT,
UNLESS THE HOLDER HAS ACCEPTED THE CHECK OR ACCOUNT BY USING  THE  CHECK
OR  ACCOUNT. FAILURE TO DESTROY OR RETURN AN UNSOLICITED CHECK SHALL NOT
CONSTITUTE ACCEPTANCE OF THE CHECK OR ACCOUNT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06410-02-2

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