Senate Bill S5386

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

                                  5386

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen.  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 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.
                                                           LBD01484-01-3

              

S. 5386                             2

  2. FOR THE PURPOSES OF THIS SECTION, LARGE PRINT FORMAT SHALL  MEAN  A
PRINTED FONT SIZE OF SIXTEEN OR LARGER.
  S  3.  Subdivision  1  of  section 602 of the general business law, as
added by chapter 753 of the laws of 1973, is amended to read as follows:
  1. Except as otherwise provided by law, any person who [shall violate]
VIOLATES the terms OF SECTION SIX HUNDRED ONE of this article [shall be]
IS guilty of a misdemeanor, and each such violation shall  be  deemed  a
separate  offense.    A  VIOLATION  BY ANY PERSON OF SECTION SIX HUNDRED
ONE-A OF THIS ARTICLE, IF SUCH  VIOLATION  CONSTITUTES  THE  FIRST  SUCH
OFFENSE  BY  SUCH PERSON, IS PUNISHABLE BY A CIVIL PENALTY NOT TO EXCEED
TWO HUNDRED FIFTY DOLLARS. THE SECOND OFFENSE AND ANY OFFENSE  COMMITTED
THEREAFTER  IS  PUNISHABLE BY A CIVIL PENALTY NOT TO EXCEED FIVE HUNDRED
DOLLARS.
  S 4. This act shall take effect on the thirtieth day  after  it  shall
have become a law.