senate Bill S131

2011-2012 Legislative Session

Regulates debt collection practices; repealer

download bill text pdf

Sponsored By

Archive: Last Bill Status -


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 12, 2012 committee discharged and committed to rules
Mar 08, 2012 notice of committee consideration - requested
Jan 04, 2012 referred to consumer protection
Jan 05, 2011 referred to consumer protection

Co-Sponsors

S131 - Details

Law Section:
General Business Law
Laws Affected:
Rpld & add Art 29-H ยงยง600 - 603-a, Gen Bus L
Versions Introduced in 2009-2010 Legislative Session:
S3791, S7309

S131 - Summary

Enacts the fair debt collection practices act; prohibits debt collectors and creditors from attempting to collect debts by threatening violence, falsely accusing any person of fraud or of a crime, making or threatening to make false accusations to a credit reporting agency, falsely threatening that non-payment will result in arrest, or making other groundless threats; prohibits certain harassing activities by debt collectors; establishes rules for contacting third parties and consumers (view more) provides for private right of action and enforcement by attorney general.

S131 - Sponsor Memo

S131 - Bill Text download pdf

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

                                   131

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens. PERALTA, PARKER -- 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 regulation of
  debt collection; and to repeal article 29-H of such law relating ther-
  eto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Article 29-H of the general business law is REPEALED and a
new article 29-H is added to read as follows:
                               ARTICLE 29-H
                   FAIR DEBT COLLECTION PRACTICES ACT
SECTION 600.   DEFINITIONS.
        601.   PROHIBITED PRACTICES.
        602.   CREDITORS AND DEBT COLLECTORS.
        603.   ENFORCEMENT.
        603-A. SEPARABILITY CLAUSE.
  S 600. DEFINITIONS.  AS  USED  IN  THIS  ARTICLE  UNLESS  THE  CONTEXT
REQUIRES  OTHERWISE  THE  FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN-
INGS:
  1. "PERSON" MEANS ANY NATURAL PERSON,  CORPORATION,  SOLE  PROPRIETOR-
SHIP, BUSINESS, TRUST, PARTNERSHIP, INCORPORATED OR UNINCORPORATED ASSO-
CIATION, ESTATE, CO-OPERATIVE OR ANY OTHER LEGAL ENTITY EXCEPT ANY OFFI-
CER  OR  EMPLOYEE  OF  THE UNITED STATES OR ANY STATE TO THE EXTENT THAT
COLLECTING OR ATTEMPTING TO COLLECT ANY DEBT CONSTITUTES THE PERFORMANCE
OF OFFICIAL DUTIES.
  2. "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 RESULT OF THE TRANSACTION ARE PRIMA-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03295-01-1

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