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Senate Bill S3040

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 - In Senate Committee Consumer Protection Committee

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2011-S3040 (ACTIVE) - Details

See Assembly Version of this Bill:
A2995
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add ยง520-d, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: S4402, A7500
2013-2014: A3601

2011-S3040 (ACTIVE) - Summary

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

2011-S3040 (ACTIVE) - Sponsor Memo

2011-S3040 (ACTIVE) - Bill Text download pdf 

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

                                  3040

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 7, 2011
                               ___________

Introduced  by  Sen.  KRUGER -- 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
  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

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