Assembly Actions -
Senate Actions - UPPERCASE
|Jan 06, 2016
referred to consumer protection
|Feb 17, 2015
referred to consumer protection
Senate Bill S3803
2015-2016 Legislative Session
Archive: Last Bill Status - In Senate Committee Consumer Protection Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2015-S3803 (ACTIVE) - Details
2015-S3803 (ACTIVE) - Sponsor Memo
BILL NUMBER:S3803 TITLE OF BILL: An act to amend the general business law, in relation to prohibiting the use of social media websites for the purposes of collecting debts PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to prevent debt collectors from using online contact information as a means to collect on a consumer debt. Summary of Specific Provisions: Section 1 amends the General Business Law by adding a new subdivision 11 to section 601 that would prohibit principal creditors or their agents from using the Internet as a means to collect on a consumer claim. JUSTIFICATION: The Internet has made it possible to interact with people in ways that were previously unimaginable: While the benefits of technology are readily apparent - communicating with loved ones, reconnecting with friends, and granting access to a wealth of knowledge and resources - there has also been ample opportunities and occasions of abuse. Several news reports have revealed that debt collectors use the
2015-S3803 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3803 2015-2016 Regular Sessions I N S E N A T E February 17, 2015 ___________ 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 prohibiting the use of social media websites for the purposes of collecting debts THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 10 of section 601 of the general business law, as added by chapter 342 of the laws of 2011, is amended and a new subdi- vision 11 is added to read as follows: 10. If such principal creditor or agent sends more than fifty informa- tion subpoenas per month, fail to keep complete records concerning all information subpoenas sent by such principal creditor or agent. Such records shall be maintained for five years. Contemporaneous records shall be kept that set forth with specificity the grounds for such prin- cipal creditor or agent's reasonable belief, which must be certified and accompany each information subpoena pursuant to rule fifty-two hundred twenty-four of the civil practice law and rules, that the party receiv- ing the subpoena has in its possession information about the debtor that will assist the creditor in collecting his or her judgement. In addition to any other penalty that [my] MAY be imposed, failure to maintain records in accordance with this subdivision shall subject such principal creditor or agent to a civil penalty of not more than fifty dollars per subpoena, up to a maximum of five thousand dollars per violation, in an action brought by the attorney general[.]; OR 11. USE A SOCIAL NETWORKING WEBSITE AS A MEANS TO COLLECT ON A CONSUM- ER CLAIM FROM A DEBTOR. FOR PURPOSES OF THIS SUBDIVISION, "SOCIAL NETWORKING WEBSITE" MEANS AN INTERNET-BASED SERVICE THAT ALLOWS INDIVID- UALS TO: (A) CONSTRUCT A PUBLIC OR SEMI-PUBLIC PROFILE WITHIN A BOUNDED SYSTEM, CREATED BY THE SERVICE; (B) CREATE A LIST OF OTHER USERS WITH WHOM THEY SHARE A CONNECTION WITHIN THE SYSTEM; AND (C) VIEW AND NAVI- GATE THEIR LIST OF CONNECTIONS AND THOSE MADE BY OTHERS WITHIN THE SYSTEM. PROVIDED, HOWEVER, THAT "SOCIAL NETWORKING WEBSITE" SHALL NOT INCLUDE ELECTRONIC MAIL (E-MAIL). S 2. This act shall take effect immediately.
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