|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to consumer protection|
|Jan 31, 2013||referred to consumer protection|
senate Bill S3317
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S3317 - Details
S3317 - 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.
S3317 - Sponsor Memo
BILL NUMBER:S3317 TITLE OF BILL: An act to amend the general business law, in relation to disclosure by principal creditors and debt collection agencies of the legal obligations of a deceased debtor's family and household members PURPOSE OR GENERAL IDEA OF BILL: This bill would require that debt collection agencies that are attempting to collect outstanding debts of deceased. individuals from surviving family and household members inform them, both orally and in writing, that they are not legally obligated to repay the debts of the deceased. SUMMARY OF SPECIFIC PROVISIONS: Section one amends the general business law by adding a new section 601-a. This section requires that all principal creditors and/or debt collection agencies must 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. This disclosure must be made both orally and in writing. Any aggrieved person may bring an action against such a practice and recover a civil penalty. Class actions to recover damages are specifically authorized. Section two amends section 600 of the general business law by adding a new subdivision 4. This section defines 'debt collection agency'.
S3317 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3317 2013-2014 Regular Sessions I N S E N A T E January 31, 2013 ___________ Introduced by Sens. HASSELL-THOMPSON, KRUEGER -- 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. LBD06432-01-3
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