Assembly Bill A218A

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

                                 218--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL, GLICK, JAFFEE, DenDEKKER, HOOPER,
  COOK, SCARBOROUGH, KELLNER, BOYLAND, ROBINSON, MILLER  --  Multi-Spon-
  sored  by -- M. of A.  CAHILL, GUNTHER, MAGEE, WEISENBERG -- read once
  and referred to the Committee on Consumer Affairs  and  Protection  --
  recommitted  to  the  Committee  on Consumer Affairs and Protection in
  accordance with Assembly Rule 3, sec. 2 -- reported  and  referred  to
  the  Committee on Codes -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the general business law,  in  relation  to  prohibiting
  debt  collectors  from collecting or attempting to collect a debt owed
  by a deceased debtor that is known to be deceased

  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.  PROHIBITED PRACTICES REGARDING DECEASED DEBTORS. 1. FOR THE
PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE  THE  FOLLOWING
MEANINGS:
  (A) "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;
  (B) "DEBT COLLECTOR" MEANS AN INDIVIDUAL WHO, AS PART OF  HIS  OR  HER
JOB, REGULARLY COLLECTS OR ATTEMPTS TO COLLECT DEBTS: (I) OWED OR DUE OR
ASSERTED  TO BE OWED OR DUE TO ANOTHER; OR (II) OBTAINED BY, OR ASSIGNED
TO, SUCH PERSON, FIRM OR CORPORATION, THAT ARE IN DEFAULT WHEN  OBTAINED
OR ACQUIRED BY SUCH PERSON, FIRM OR CORPORATION; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02312-03-4

              

A. 218--A                           2

  (C)  "ATTEMPTING TO COLLECT A DEBT" MEANS ANY ACTION TAKEN OR COMMUNI-
CATION MADE BY A PRINCIPAL CREDITOR OR DEBT COLLECTOR TO ANY PERSON  WHO
IS AUTHORIZED TO RECEIVE SUCH COMMUNICATIONS ABOUT A DEBT.
  2.    ANY PRINCIPAL CREDITOR OR DEBT COLLECTOR ATTEMPTING TO COLLECT A
DEBT INCURRED BY A DECEASED DEBTOR FROM A PERSON WHO THE PRINCIPAL CRED-
ITOR OR DEBT COLLECTOR KNOWS IS NOT LEGALLY REQUIRED TO  PAY  SUCH  DEBT
SHALL  DISCLOSE TO SUCH PERSON THAT HE OR SHE IS NOT LEGALLY REQUIRED TO
PAY SUCH DEBTS.  IN ADDITION, SUCH PRINCIPAL CREDITOR OR DEBT  COLLECTOR
SHALL  NOT  MAKE ANY MISREPRESENTATION ABOUT SUCH PERSON'S OBLIGATION TO
PAY SUCH DEBT.
  3. (A) IN ADDITION TO ANY RIGHT OF  ACTION  GRANTED  TO  THE  ATTORNEY
GENERAL  PURSUANT TO THIS ARTICLE, ANY PERSON AGGRIEVED BY REASON OF ANY
VIOLATION OF THIS SECTION MAY BRING AN ACTION IN HIS OR HER OWN NAME  TO
ENJOIN  SUCH  UNLAWFUL  ACT OR PRACTICE, AN ACTION TO RECOVER HIS OR HER
ACTUAL DAMAGES OR FIVE HUNDRED DOLLARS, WHICHEVER IS  GREATER,  OR  BOTH
SUCH  ACTIONS. IN THE CASE OF ANY SUCCESSFUL ACTION TO ENFORCE THE FORE-
GOING LIABILITY, THE COURT MAY AWARD THE COSTS OF  THE  ACTION  TOGETHER
WITH REASONABLE ATTORNEY'S FEES. EACH COMMUNICATION THAT FAILS TO COMPLY
WITH  THE  REQUIREMENTS  OF  THIS  SECTION  SHALL  CONSTITUTE A SEPARATE
VIOLATION.
  (B) ANY CONSUMER ENTITLED TO BRING AN ACTION  UNDER  THIS  SUBDIVISION
MAY,  IF THE UNLAWFUL ACT OR PRACTICE HAS CAUSED DAMAGE TO OTHER CONSUM-
ERS SIMILARLY SITUATED, BRING AN ACTION ON BEHALF OF  HIMSELF  AND  SUCH
OTHER  CONSUMERS  TO  RECOVER DAMAGES OR OBTAIN OTHER RELIEF AS PROVIDED
FOR IN THIS SUBDIVISION. ANY ACTION BROUGHT UNDER THIS SUBDIVISION SHALL
COMPLY WITH ARTICLE NINE OF THE CIVIL PRACTICE LAW AND RULES.
  S 2. 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]
WILLFULLY  VIOLATES  the  terms  of  this article [shall be], EXCEPT THE
TERMS CONTAINED IN SECTION SIX HUNDRED ONE-A OF THIS ARTICLE, IS  guilty
of  a  misdemeanor,  and  each such violation shall be deemed a separate
offense.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.