senate Bill S5386

2013-2014 Legislative Session

Requires debt collectors to inform debtors that written communications are available in large print format

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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
Jan 08, 2014 referred to consumer protection
May 16, 2013 referred to consumer protection

S5386 - Details

See Assembly Version of this Bill:
A374
Current Committee:
Law Section:
General Business Law
Laws Affected:
Amd §§600 & 602, add §601-a, Gen Bus L
Versions Introduced in 2011-2012 Legislative Session:
A5438

S5386 - Summary

Requires debt collectors to inform debtors in each initial communication that written communications are available in large print format.

S5386 - Sponsor Memo

S5386 - Bill Text download pdf

                    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

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