senate Bill S1822A

2011-2012 Legislative Session

Relates to provisions concerning debt collection procedures

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2012 print number 1822a
amend and recommit to consumer protection
Jan 04, 2012 referred to consumer protection
Jan 13, 2011 referred to consumer protection

Bill Amendments

Original
A (Active)
Original
A (Active)

S1822 - Details

Current Committee:
Law Section:
General Business Law
Laws Affected:
Amd Art 29-H §§600 - 603-d, Gen Bus L
Versions Introduced in 2009-2010 Legislative Session:
S6036

S1822 - Summary

Relates to provisions concerning debt collection procedures.

S1822 - Sponsor Memo

S1822 - Bill Text download pdf

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

                                  1822

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 13, 2011
                               ___________

Introduced  by  Sen. PERKINS -- 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 debt collection
  procedures

  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, as added by chap-
ter 753 of the laws of 1973, is amended to read as follows:
                              ARTICLE 29-H
                       DEBT COLLECTION PROCEDURES
Section 600. Definitions.
        601. Prohibited CREDITOR practices.
        602. [Violations and penalties] CREDITOR RESPONSIBILITIES.
        603. [Severability] PROHIBITED DEBT COLLECTION PRACTICES.
        603-A. SELLING OR TRANSFERRING OF DEBTS.
        603-B. PRIVATE RIGHT OF ACTION.
        603-C. VIOLATIONS AND PENALTIES.
        603-D. SEVERABILITY.
  S  600.  Definitions.  As  used in this article, unless the context or
subject  matter  otherwise  requires:  1.  "[Consumer  claim]  DEBT"  OR
"CONSUMER  DEBT" means any obligation OR ALLEGED OBLIGATION of a natural
person for the payment of money  [or  its  equivalent  which  is  or  is
alleged  to  be  in  default and which arises] ARISING out of a CONSUMER
transaction wherein credit has been offered or  extended  to  a  natural
person,  and  the  money,  property [or], INSURANCE, service OR SERVICES
which [was] ARE the subject of the transaction [was] ARE  primarily  for
personal,  family  or household purposes, WHETHER OR NOT SUCH OBLIGATION
HAS BEEN REDUCED TO A JUDGMENT.  The term includes an  obligation  of  a
natural  person who is a co-maker, endorser, guarantor or surety as well
as the natural person to whom such credit was originally extended.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07289-01-1

S1822A (ACTIVE) - Details

Current Committee:
Law Section:
General Business Law
Laws Affected:
Amd Art 29-H §§600 - 603-d, Gen Bus L
Versions Introduced in 2009-2010 Legislative Session:
S6036

S1822A (ACTIVE) - Summary

Relates to provisions concerning debt collection procedures.

S1822A (ACTIVE) - Sponsor Memo

S1822A (ACTIVE) - Bill Text download pdf

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

                                 1822--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 13, 2011
                               ___________

Introduced  by  Sen. PERKINS -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  recommitted to the Committee on Consumer Protection in accordance with
  Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the general business law, in relation to debt collection
  procedures

  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, as added by chap-
ter 753 of the laws of 1973, subdivision 9 of section 601 as amended and
subdivision  10 of section 601 and subdivision 3 of section 602 as added
by chapter 342 of the laws of 2011, is amended to read as follows:
                              ARTICLE 29-H
                       DEBT COLLECTION PROCEDURES
Section 600. Definitions.
        601. Prohibited CREDITOR practices.
        602. [Violations and penalties] CREDITOR RESPONSIBILITIES.
        603. [Severability] PROHIBITED DEBT COLLECTION PRACTICES.
        603-A. SELLING OR TRANSFERRING OF DEBTS.
        603-B. PRIVATE RIGHT OF ACTION.
        603-C. VIOLATIONS AND PENALTIES.
        603-D. SEVERABILITY.
  S 600. Definitions. As used in this article,  unless  the  context  or
subject  matter  otherwise  requires:  1.  "[Consumer  claim]  DEBT"  OR
"CONSUMER DEBT" means any obligation OR ALLEGED OBLIGATION of a  natural
person  for  the  payment  of  money  [or  its equivalent which is or is
alleged to be in default and which arises] ARISING  out  of  a  CONSUMER
transaction  wherein  credit  has  been offered or extended to a natural
person, and the money, property [or],  INSURANCE,  service  OR  SERVICES
which  [was]  ARE the subject of the transaction [was] ARE primarily for

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07289-02-2

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