|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to consumer protection|
|Jan 09, 2013||referred to consumer protection|
senate Bill S83
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S83 - Details
S83 - Summary
Enacts the fair debt collection practices act; prohibits debt collectors and creditors from attempting to collect debts by threatening violence, falsely accusing any person of fraud or of a crime, making or threatening to make false accusations to a credit reporting agency, falsely threatening that non-payment will result in arrest, or making other groundless threats; prohibits certain harassing activities by debt collectors; establishes rules for contacting third parties and consumers … (view more) provides for private right of action and enforcement by attorney general.
S83 - Sponsor Memo
BILL NUMBER:S83 TITLE OF BILL: An act to amend the general business law, in relation to regulation of debt collection; and to repeal article 29-H of such law relating thereto PURPOSE: Under present law consumers, creditors, and debt collection agencies are subjected to vague and inconsistent protection and regulation in relation to permissible and impermissible consumer debt collection practices. While the current federal debt collection statute and the New York City regulation governing debt collection agencies and creditors both provide detailed descriptions of prohibited practices; current State law is vague, overly general, and thus inconsistent with federal and City mandates. This bill will insure uniformity among the three laws. As a result, businesses will no longer be subjected to the uncertainty of enforcement inherent in a system governed by radically inconsistent statutes. In short, the bill would provide the business community with a detailed description of proscribed and acceptable practices so as to facilitate compliance with the law. Moreover, New York State consumers will receive the additional
S83 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 83 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sen. PERALTA -- 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 regulation of debt collection; and to repeal article 29-H of such law relating ther- eto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Article 29-H of the general business law is REPEALED and a new article 29-H is added to read as follows: ARTICLE 29-H FAIR DEBT COLLECTION PRACTICES ACT SECTION 600. DEFINITIONS. 601. PROHIBITED PRACTICES. 602. CREDITORS AND DEBT COLLECTORS. 603. ENFORCEMENT. 603-A. SEPARABILITY CLAUSE. S 600. DEFINITIONS. AS USED IN THIS ARTICLE UNLESS THE CONTEXT REQUIRES OTHERWISE THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN- INGS: 1. "PERSON" MEANS ANY NATURAL PERSON, CORPORATION, SOLE PROPRIETOR- SHIP, BUSINESS, TRUST, PARTNERSHIP, INCORPORATED OR UNINCORPORATED ASSO- CIATION, ESTATE, CO-OPERATIVE OR ANY OTHER LEGAL ENTITY EXCEPT ANY OFFI- CER OR EMPLOYEE OF THE UNITED STATES OR ANY STATE TO THE EXTENT THAT COLLECTING OR ATTEMPTING TO COLLECT ANY DEBT CONSTITUTES THE PERFORMANCE OF OFFICIAL DUTIES. 2. "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 RESULT OF THE TRANSACTION ARE PRIMA- RILY FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES, WHETHER OR NOT SUCH OBLIGATION HAS BEEN REDUCED TO JUDGMENT. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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