Assembly Actions - Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 31, 2012 | reported referred to codes |
Jan 04, 2012 | referred to consumer affairs and protection |
Feb 18, 2011 | referred to consumer affairs and protection |
Archive: Last Bill Status - In Assembly Committee
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
Your Voice
Actions
Co-Sponsors
Peter Rivera
A5438 (ACTIVE) - Details
A5438 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5438 2011-2012 Regular Sessions I N A S S E M B L Y February 18, 2011 ___________ Introduced by M. of A. DINOWITZ -- read once and referred to the Commit- tee on Consumer Affairs and Protection AN ACT to amend the general business law, in relation to requiring debt collectors to inform debtors that written communications are available in large print format THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 600 of the general business law is amended by adding three new subdivisions 4, 5 and 6 to read as follows: 4. "COMMUNICATION" SHALL MEAN THE CONVEYING OF INFORMATION REGARDING A DEBT DIRECTLY OR INDIRECTLY TO ANY PERSON THROUGH ANY MEDIUM. 5. "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. 6. "DEBT COLLECTOR" MEANS AN INDIVIDUAL WHO, AS PART OF HIS OR HER JOB, REGULARLY COLLECTS OR ATTEMPTS TO COLLECT DEBTS: (A) OWED OR DUE OR ASSERTED TO BE OWED OR DUE TO ANOTHER; OR (B) OBTAINED BY, OR ASSIGNED TO, SUCH PERSON, FIRM OR CORPORATION, THAT ARE IN DEFAULT WHEN OBTAINED OR ACQUIRED BY SUCH PERSON, FIRM OR CORPORATION. S 2. The general business law is amended by adding a new section 601-a to read as follows: S 601-A. LARGE PRINT NOTICES. 1. EACH AND EVERY PRINCIPAL CREDITOR OR DEBT COLLECTOR SHALL, IN EACH INITIAL COMMUNICATION, CLEARLY AND CONSPICUOUSLY DISCLOSE TO THE DEBTOR THAT WRITTEN COMMUNICATIONS FROM THE PRINCIPAL CREDITOR OR DEBT COLLECTOR MAY BE RECEIVED IN A LARGE PRINT FORMAT. UPON WRITTEN REQUEST BY A DEBTOR, THE PRINCIPAL CREDITOR OR DEBT COLLECTOR MUST PROVIDE ANY WRITTEN COMMUNICATION SENT TO THE DEBTOR IN THE LARGE PRINT FORMAT. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08418-01-1