senate Bill S219A

2013-2014 Legislative Session

Requires debt collection agencies to be licensed by the state

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 31, 2014 print number 219a
amend and recommit to consumer protection
Jan 08, 2014 referred to consumer protection
Jan 09, 2013 referred to consumer protection

Bill Amendments

Original
A (Active)
Original
A (Active)

S219 - Details

See Assembly Version of this Bill:
A455A
Current Committee:
Law Section:
General Business Law
Laws Affected:
Add Art 29-HHH §§604-k - 604-o, Gen Bus L; amd R3015, CPLR
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1439, A8429B
2009-2010: S7071A, A3926D

S219 - Summary

Requires debt collection agencies to be licensed by the state; requires bonding and allows for penalties.

S219 - Sponsor Memo

S219 - Bill Text download pdf

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

                                   219

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. SQUADRON -- 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 and the civil practice law  and
  rules, in relation to debt collection agencies

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

  Section 1. Legislative intent. The legislature hereby finds the  pres-
ence  of consumer-related problems with respect to the practices of debt
collection agencies. Federal and state laws regulate how debt collectors
may communicate with debtors and prohibit the use of  certain  threaten-
ing,  deceptive  and  unfair  collection  practices. Despite these legal
protections, the number of consumer complaints regarding debt collection
practices continue to rise. Consumer complaints received by the  Federal
Trade  Commission  regarding  third-party  debt  collectors grew for the
eleventh consecutive year in 2008, and consumers filed with the  Commis-
sion  more  complaints  against  third-party collectors than against any
other specific industry. While the majority  of  those  engaged  in  the
business  of  debt  collection are honest and ethical in their dealings,
there is a minority of unscrupulous  collection  agencies  in  operation
that practice abusive tactics. Due to the sensitive nature of the infor-
mation  used  in  the course of such agency's everyday business, and the
vulnerable position consumers find themselves in when dealing with these
agencies, it is incumbent upon this legislature to  protect  the  inter-
ests,  reputations  and  fiscal well-being of the citizens of this state
against those agencies who would abuse  their  privilege  of  operation.
Therefore,  it  is  herein  declared  that the state should license debt
collection agencies.
  S 2. The general business law is  amended  by  adding  a  new  article
29-HHH to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00239-01-3

S219A (ACTIVE) - Details

See Assembly Version of this Bill:
A455A
Current Committee:
Law Section:
General Business Law
Laws Affected:
Add Art 29-HHH §§604-k - 604-o, Gen Bus L; amd R3015, CPLR
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1439, A8429B
2009-2010: S7071A, A3926D

S219A (ACTIVE) - Summary

Requires debt collection agencies to be licensed by the state; requires bonding and allows for penalties.

S219A (ACTIVE) - Sponsor Memo

S219A (ACTIVE) - Bill Text download pdf

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

                                 219--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  recommitted to the Committee on Consumer Protection in accordance with
  Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the general business law and the civil practice law  and
  rules, in relation to debt collection agencies

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

  Section 1. Legislative intent. The legislature hereby finds the  pres-
ence  of consumer-related problems with respect to the practices of debt
collection agencies. Federal and state laws regulate how debt collectors
may communicate with debtors and prohibit the use of  certain  threaten-
ing,  deceptive  and  unfair  collection  practices. Despite these legal
protections, the number of consumer complaints regarding debt collection
practices continue to rise. Consumer complaints received by the  Federal
Trade  Commission  regarding  third-party  debt  collectors grew for the
thirteenth consecutive year  in  2010,  and  consumers  filed  with  the
Commission  more  complaints against third-party collectors than against
any other specific industry. While the majority of those engaged in  the
business  of  debt  collection are honest and ethical in their dealings,
there is a minority of unscrupulous  collection  agencies  in  operation
that practice abusive tactics. Due to the sensitive nature of the infor-
mation  used  in  the course of such agency's everyday business, and the
vulnerable position consumers find themselves in when dealing with these
agencies, it is incumbent upon this legislature to  protect  the  inter-
ests,  reputations  and  fiscal well-being of the citizens of this state
against those agencies who would abuse  their  privilege  of  operation.
Therefore,  it  is  herein  declared  that the state should license debt
collection agencies.

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

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