senate Bill S7421

2013-2014 Legislative Session

Limits the liability of a debit cardholder for unauthorized use of a debit card

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 14, 2014 referred to consumer protection

S7421 - Bill Details

See Assembly Version of this Bill:
A970
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd ยง512, Gen Bus L
Versions Introduced in 2011-2012 Legislative Session:
A6969

S7421 - Bill Texts

view summary

Limits the liability of a debit card holder for unauthorized use of a debit card.

view sponsor memo
BILL NUMBER:S7421

TITLE OF BILL: An act to amend the general business law, in relation to
limiting the liability of a debit cardholder for unauthorized use of a
debit card

PURPOSE OR GENERAL IDEA OF BILL: To limit the liability of a debit card-
holder in the event an unauthorized use of the card occurs as a result
of fraud or theft.

SUMMARY OF PROVISIONS: Amends Section 512 of the general business law as
amended by chapter 556 of the laws of 1987 to require that a cardholder
shall be liable for the unauthorized use of a debit card only if:

-the card is a debit card the holder has used, received, or requested,
or authorized another to use.

-the liability of the cardholder does not exceed fifty dollars

- the card issuer gives the holder adequate notice of the potential
liability

-the issuer has provided the holder with a means by which to inform the
issuer of the loss or theft of the card

-the unauthorized use occurs before the issuer is informed of the loss
or theft.

-the issuer has provided an accurate method by which to identify the
cardholder as the person authorized to use it.

JUSTIFICATION: In recent years debit cards have been gaining popularity
as a great way of avoiding the excess spending that can be a result of
credit card use, all the while allowing for an increase in self-account-
ability and discipline. Like credit cards, debit cards have grown to be
increasingly more acceptable worldwide. Unfortunately, the expansion of
debit card acceptability has not been accompanied by the same
protections that apply to credit card holders worldwide.

Currently, there are no protections for a business whose debit card has
been used fraudulently. By rounding out the law, a small business will
be extended the same protections as an individual. This will be one more
step in making New York a more business-friendly environment, which is
one of the main components in the State's road to recovery.

PRIOR LEGISLATIVE HISTORY: A.6969 of 2011-12.

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: This act shall take effect in 90 days after it shall
have become a law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7421

                            I N  S E N A T E

                              May 14, 2014
                               ___________

Introduced  by  Sen. SANDERS -- 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  limiting  the
  liability of a debit cardholder for unauthorized use of a debit card

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

  Section 1. Section 512 of the general  business  law,  as  amended  by
chapter 556 of the laws of 1987, is amended to read as follows:
  S  512.  Limitation of liability for unauthorized use of a credit card
or a debit card. 1. A provision which imposes liability  upon  a  holder
for  a  cash advance or loan or for the purchase or lease of property or
services obtained by the unauthorized use of a credit card  or  a  debit
card  shall  not  be enforceable to the extent that it imposes a greater
liability upon the holder than is imposed upon the holder  of  a  credit
card  under  the  provisions  of  the act of congress entitled "Truth in
Lending Act" and the regulations thereunder, as such act and regulations
may from time to time be amended.
  2. (A) A CARDHOLDER SHALL BE LIABLE FOR  THE  UNAUTHORIZED  USE  OF  A
DEBIT CARD ONLY IF:
  (1)  THE  CARD  IS A DEBIT CARD WHICH THE CARDHOLDER HAS REQUESTED AND
RECEIVED OR HAS SIGNED OR HAS USED, OR AUTHORIZED ANOTHER  TO  USE,  FOR
THE PURPOSE OF OBTAINING MONEY, PROPERTY, LABOR, OR SERVICES;
  (2) THE LIABILITY IS NOT IN EXCESS OF FIFTY DOLLARS;
  (3)  THE  CARD  ISSUER  GIVES ADEQUATE NOTICE TO THE CARDHOLDER OF THE
POTENTIAL LIABILITY;
  (4) THE CARD ISSUER HAS PROVIDED THE CARDHOLDER WITH A DESCRIPTION  OF
A MEANS BY WHICH THE CARD ISSUER MAY BE NOTIFIED OF LOSS OR THEFT OF THE
CARD,  WHICH  DESCRIPTION MAY BE PROVIDED ON THE FACE OR REVERSE SIDE OF
EACH MONTHLY, QUARTERLY OR OTHER PERIODIC ACCOUNT  STATEMENT  ISSUED  TO
THE  CARDHOLDER  BY  THE  CARD  ISSUER,  AS APPLICABLE, OR ON A SEPARATE
NOTICE ACCOMPANYING SUCH STATEMENT;
  (5) THE UNAUTHORIZED USE OCCURS BEFORE THE CARD ISSUER HAS BEEN  NOTI-
FIED  THAT  AN  UNAUTHORIZED  USE  OF THE DEBIT CARD HAS OCCURRED OR MAY
OCCUR AS THE RESULT OF LOSS, THEFT, OR OTHERWISE; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01880-01-3

S. 7421                             2

  (6) THE CARD ISSUER HAS PROVIDED A METHOD WHEREBY  THE  USER  OF  SUCH
CARD CAN BE IDENTIFIED AS THE PERSON AUTHORIZED TO USE IT.
  (B) FOR PURPOSES OF THIS SECTION, A CARD ISSUER HAS BEEN NOTIFIED WHEN
SUCH STEPS AS MAY BE REASONABLY REQUIRED IN THE ORDINARY COURSE OF BUSI-
NESS TO PROVIDE THE CARD ISSUER WITH THE PERTINENT INFORMATION HAVE BEEN
TAKEN,  WHETHER OR NOT ANY PARTICULAR OFFICER, EMPLOYEE, OR AGENT OF THE
CARD ISSUER DOES IN FACT RECEIVE SUCH INFORMATION.
  (C) IN ANY ACTION BY A CARD ISSUER TO ENFORCE LIABILITY FOR THE USE OF
A DEBIT CARD, THE BURDEN OF PROOF IS UPON THE CARD ISSUER TO  SHOW  THAT
THE  USE WAS AUTHORIZED OR, IF THE USE WAS UNAUTHORIZED, THEN THE BURDEN
OF PROOF IS UPON THE CARD ISSUER TO SHOW THAT THE CONDITIONS OF  LIABIL-
ITY  FOR THE UNAUTHORIZED USE OF A DEBIT CARD, AS SET FORTH IN PARAGRAPH
(A) OF THIS SUBDIVISION, HAVE BEEN MET.
  (D) NOTHING IN THIS SUBDIVISION IMPOSES LIABILITY  UPON  A  CARDHOLDER
FOR THE UNAUTHORIZED USE OF A DEBIT CARD IN EXCESS OF HIS OR HER LIABIL-
ITY  FOR SUCH USE UNDER OTHER APPLICABLE LAW OR UNDER ANY AGREEMENT WITH
THE CARD ISSUER.
  (E) EXCEPT AS PROVIDED IN THIS SUBDIVISION,  A  CARDHOLDER  SHALL  NOT
INCUR ANY LIABILITY FROM THE UNAUTHORIZED USE OF A DEBIT CARD.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law and shall apply to all transactions occurring  on  and
after such effective date.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.