|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to consumer protection|
|May 16, 2013||referred to consumer protection|
senate Bill S5386
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S5386 - Details
S5386 - Summary
Requires debt collectors to inform debtors in each initial communication that written communications are available in large print format.
S5386 - Sponsor Memo
BILL NUMBER:S5386 TITLE OF BILL: 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 PURPOSE OR GENERAL IDEA OF BILL: This bill would require debt collectors to notify debtors of the availability of large print for future notices. For the purposes of this bill it also defines a "communication, debt, and debt collector." SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends section 600 of the general business law, adding three new subdivision which offer definitions of relevant terms for this bill. Section 2 amends the general business law by adding a new section, 601-a, which required creditors or debt collectors to offer, upon initial communication, large print for any further communications that the debtor may receive. Furthermore, this section defines what large print will qualify as. Section 3 amends subdivision 1 of section 602 of the general business law, to add a misdemeanor penalty that any creditor or debtor who violates the requirements set forth in section 601-a of this bill will be guilty of. This section also determines a fine and the dollar amount of this fine.
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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