senate Bill S3281

2011-2012 Legislative Session

Requires disclosure by principal creditors and debt collection agencies of the legal obligations of a deceased debtor's family and household members

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


  • 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
notice of committee consideration - requested
Jan 04, 2012 referred to consumer protection
Feb 15, 2011 referred to consumer protection

S3281 - Details

Law Section:
General Business Law
Laws Affected:
Add §601-a, amd §600, Gen Bus L
Versions Introduced in 2009-2010 Legislative Session:
S5046A

S3281 - Summary

Requires disclosure by principal creditors and debt collection agencies of the legal obligations of a deceased debtor's family; requires such disclosure be both verbal and written.

S3281 - Sponsor Memo

S3281 - Bill Text download pdf

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

                                  3281

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 15, 2011
                               ___________

Introduced  by  Sen. HASSELL-THOMPSON -- 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 disclosure by
  principal creditors and debt collection agencies of  the  legal  obli-
  gations of a deceased debtor's family and household members

  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
601-a to read as follows:
  S 601-A. DISCLOSURE BY  PRINCIPAL  CREDITORS  AND/OR  DEBT  COLLECTION
AGENCIES.  1.  ALL  PRINCIPAL  CREDITORS AND/OR DEBT COLLECTION AGENCIES
SHALL DISCLOSE TO ANY RELATIVE OR HOUSEHOLD MEMBER OF A DECEASED  DEBTOR
THAT  IS  CONTACTED  THAT HE OR SHE MAY NOT BE LEGALLY REQUIRED TO REPAY
SUCH DECEASED DEBTOR'S DEBTS.   IN  ADDITION,  THE  PRINCIPAL  CREDITORS
AND/OR  DEBT  COLLECTION  AGENCIES  SHALL NOT MAKE ANY MISREPRESENTATION
ABOUT THE FAMILY MEMBER'S OBLIGATION TO PAY SUCH DEBTS.
  2. DISCLOSURE REQUIRED UNDER SUBDIVISION ONE OF THIS SECTION SHALL  BE
MADE BOTH ORALLY AND IN WRITING.
  3.  IN ADDITION TO ANY RIGHT OF ACTION GRANTED TO THE ATTORNEY GENERAL
PURSUANT TO THIS ARTICLE, ANY AGGRIEVED PERSON MAY BRING  AN  ACTION  TO
ENJOIN  SUCH  UNLAWFUL  PRACTICE  AND TO RECOVER A CIVIL PENALTY OF FIVE
THOUSAND DOLLARS FOR EACH VIOLATION, TOGETHER WITH ANY  ACTUAL  DAMAGES.
THE COURT SHALL AWARD REASONABLE ATTORNEY FEES AND COSTS TO A PREVAILING
PLAINTIFF.  FOR  PURPOSES OF THIS SECTION, EACH COMMUNICATION THAT FAILS
TO COMPLY WITH THIS SECTION SHALL CONSTITUTE A SEPARATE VIOLATION. CLASS
ACTIONS TO RECOVER THE DAMAGES SET FORTH IN  THIS  SECTION  ARE  SPECIF-
ICALLY AUTHORIZED.
  S  2.  Section  600 of the general business law is amended by adding a
new subdivision 4 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06443-01-1

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