senate Bill S83

2013-2014 Legislative Session

Regulates debt collection practices; repealer

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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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to consumer protection
Jan 09, 2013 referred to consumer protection

S83 - Details

Current Committee:
Law Section:
General Business Law
Laws Affected:
Rpld & add Art 29-H ยงยง600 - 603-a, Gen Bus L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S131
2009-2010: S3791, S7309

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

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 Article 29-H of the general business law is REPEALED and  a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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