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Assembly Bill A5414B

2013-2014 Legislative Session

Prohibits the use of social media websites for the purpose of debt collection

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

multi-Sponsors

2013-A5414 - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Amd §601, Gen Bus L

2013-A5414 - Summary

Prohibits the use of social media websites for the purpose of debt collection.

2013-A5414 - Bill Text download pdf 

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

                                  5414

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 26, 2013
                               ___________

Introduced  by  M. of A. DINOWITZ, KEARNS -- Multi-Sponsored by -- M. of
  A. ARROYO, V. LOPEZ, SCARBOROUGH -- read  once  and  referred  to  the
  Committee on Consumer Affairs and Protection

AN ACT to amend the general business law, in relation to prohibiting the
  use of social media websites for the purposes of collecting debts

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 10 of section 601 of the general business  law,
as added by chapter 342 of the laws of 2011, is amended and a new subdi-
vision 11 is added to read as follows:
  10. If such principal creditor or agent sends more than fifty informa-
tion  subpoenas  per month, fail to keep complete records concerning all
information subpoenas sent by such principal  creditor  or  agent.  Such
records  shall  be  maintained  for  five years. Contemporaneous records
shall be kept that set forth with specificity the grounds for such prin-
cipal creditor or agent's reasonable belief, which must be certified and
accompany each information subpoena pursuant to rule  fifty-two  hundred
twenty-four  of the civil practice law and rules, that the party receiv-
ing the subpoena has in its possession information about the debtor that
will assist the creditor in collecting his or her judgement. In addition
to any other penalty that [my]  MAY  be  imposed,  failure  to  maintain
records in accordance with this subdivision shall subject such principal
creditor  or agent to a civil penalty of not more than fifty dollars per
subpoena, up to a maximum of five thousand dollars per violation, in  an
action brought by the attorney general[.]; OR
  11.  USE A WEBSITE LOCATED ON THE INTERNET, AS THAT TERM IS DEFINED IN
SECTION ONE HUNDRED FORTY-SEVEN OF THIS CHAPTER,  TO  GATHER,  WITH  THE
INTENTION  TO  UTILIZE, ONLINE CONTACT INFORMATION AS A MEANS TO COLLECT
ON A CONSUMER CLAIM FROM A DEBTOR. FOR  PURPOSES  OF  THIS  SUBDIVISION,
"ONLINE  CONTACT  INFORMATION" MEANS AN E-MAIL ADDRESS OR ANOTHER ONLINE
IDENTIFIER THAT PERMITS DIRECT CONTACT WITH A PERSON.
  S 2. This act shall take effect immediately.

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

co-Sponsors

multi-Sponsors

2013-A5414A - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Amd §601, Gen Bus L

2013-A5414A - Summary

Prohibits the use of social media websites for the purpose of debt collection.

2013-A5414A - Bill Text download pdf 

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

                                 5414--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 26, 2013
                               ___________

Introduced by M. of A. DINOWITZ, KEARNS, ROBINSON, MILLER, GALEF, ORTIZ,
  MAISEL  -- Multi-Sponsored by -- M. of A. ARROYO, BOYLAND, BRAUNSTEIN,
  BRENNAN, DUPREY, GLICK, GOTTFRIED, HIKIND,  JACOBS,  V. LOPEZ,  PERRY,
  SCARBOROUGH,  SCHIMEL  --  read  once and referred to the Committee on
  Consumer Affairs and Protection -- 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 the
  use of social media websites for the purposes of collecting debts

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision 10 of section 601 of the general business law,
as added by chapter 342 of the laws of 2011, is amended and a new subdi-
vision 11 is added to read as follows:
  10. If such principal creditor or agent sends more than fifty informa-
tion subpoenas per month, fail to keep complete records  concerning  all
information  subpoenas  sent  by  such principal creditor or agent. Such
records shall be maintained  for  five  years.  Contemporaneous  records
shall be kept that set forth with specificity the grounds for such prin-
cipal creditor or agent's reasonable belief, which must be certified and
accompany  each  information subpoena pursuant to rule fifty-two hundred
twenty-four of the civil practice law and rules, that the party  receiv-
ing the subpoena has in its possession information about the debtor that
will assist the creditor in collecting his or her judgement. In addition
to  any  other  penalty  that  [my]  MAY be imposed, failure to maintain
records in accordance with this subdivision shall subject such principal
creditor or agent to a civil penalty of not more than fifty dollars  per
subpoena,  up to a maximum of five thousand dollars per violation, in an
action brought by the attorney general[.]; OR
  11. USE A WEBSITE OTHER THAN A WEBSITE OWNED AND OPERATED BY THE PRIN-
CIPAL CREDITOR OR ANY AFFILIATE, SUBSIDIARY, OR PARENT OF SUCH PRINCIPAL
CREDITOR LOCATED ON THE INTERNET, AS THAT TERM IS DEFINED IN SECTION ONE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08508-02-3

co-Sponsors

multi-Sponsors

2013-A5414B (ACTIVE) - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Amd §601, Gen Bus L

2013-A5414B (ACTIVE) - Summary

Prohibits the use of social media websites for the purpose of debt collection.

2013-A5414B (ACTIVE) - Bill Text download pdf 

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

                                 5414--B

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 26, 2013
                               ___________

Introduced by M. of A. DINOWITZ, KEARNS, ROBINSON, MILLER, GALEF, ORTIZ,
  MAISEL, OTIS -- Multi-Sponsored by -- M. of A. ARROYO, BOYLAND, BRAUN-
  STEIN, BRENNAN, DUPREY, GLICK, GOTTFRIED, HIKIND, JACOBS, PERRY, SCAR-
  BOROUGH, SCHIMEL -- read once and referred to the Committee on Consum-
  er  Affairs  and  Protection  --  committee  discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  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 the
  use of social media websites for the purposes of collecting debts

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision 10 of section 601 of the general business law,
as added by chapter 342 of the laws of 2011, is amended and a new subdi-
vision 11 is added to read as follows:
  10. If such principal creditor or agent sends more than fifty informa-
tion subpoenas per month, fail to keep complete records  concerning  all
information  subpoenas  sent  by  such principal creditor or agent. Such
records shall be maintained  for  five  years.  Contemporaneous  records
shall be kept that set forth with specificity the grounds for such prin-
cipal creditor or agent's reasonable belief, which must be certified and
accompany  each  information subpoena pursuant to rule fifty-two hundred
twenty-four of the civil practice law and rules, that the party  receiv-
ing the subpoena has in its possession information about the debtor that
will assist the creditor in collecting his or her judgement. In addition
to  any  other  penalty  that  [my]  MAY be imposed, failure to maintain
records in accordance with this subdivision shall subject such principal
creditor or agent to a civil penalty of not more than fifty dollars  per
subpoena,  up to a maximum of five thousand dollars per violation, in an
action brought by the attorney general[.]; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08508-03-3

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